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Terms of Use

§ 1

General provisions

  1. These Terms of Use (“Terms”) set out the rules for using the Headset Timer mobile application (“App”), the terms of the electronic services provided through it, and the rights and obligations of the Provider and of Users.
  2. The App is provided by MEMORY2 spółka z ograniczoną odpowiedzialnością (“Memory2” or “Provider”), with its registered office in Kraków at Jana Zamoyskiego 63, 30-519 Kraków, Poland, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number: 0000983529, NIP: 6762622200, share capital of PLN 5 000, e-mail: hello@headsettimer.com, telephone: +48 668 106 279.
  3. The App is distributed exclusively through the Apple App Store and is available only on the iOS operating system, worldwide.
  4. The Privacy Policy, which describes the processing of personal data, forms an integral part of these Terms and is made available together with them.
  5. These Terms are made available in the App and in the App Store listing in a manner allowing them to be stored and reproduced.

§ 2

Definitions

  1. The terms used in these Terms have the following meaning.
App
the Headset Timer application, an interval timer, countdown and stopwatch that can also be controlled by tapping compatible AirPods;
Apple
Apple Inc. and, for transactions in the European Economic Area, Apple Distribution International Ltd. (Ireland), acting as seller and merchant of record for purchases made through the App Store;
User
a natural person who uses the App;
Consumer
a User who is a consumer within the meaning of the applicable law, in particular a natural person entering into a legal transaction not directly connected with that person’s business or professional activity;
Free Version
the free functionality of the App available without payment, limited to the countdown and stopwatch;
Black Belt Pro
the full, paid functionality of the App, including AirPods gesture control, the interval timer and access to history;
Trial
a time-limited period of free access to Black Belt Pro, as described in § 4;
Subscription
the auto-renewable annual paid access to Black Belt Pro;
Lifetime Access
the one-time paid access to Black Belt Pro, as described in § 5.

§ 3

The App and rules of use

  1. The App offers countdown, stopwatch and interval timer functions. Its distinctive feature is the ability to control selected functions by tapping compatible AirPods, without touching the phone.
  2. AirPods gesture control relies on a machine learning model that recognises taps from the motion data of the headphones. Gesture recognition depends on the AirPods model and may not always operate correctly. The Provider does not guarantee that every gesture will be recognised.
  3. Use of all functions requires a compatible Apple device with iOS version at least 15.1 or later and, for gesture control, compatible AirPods.
  4. Use of the App does not require creating an account or providing any identifying data. Both the Free Version and Black Belt Pro may be used without providing a name or e-mail address.
  5. The contract for the electronic service consisting of the use of the App is concluded when the User installs the App and begins using it, for an indefinite period. The User may terminate it at any time, without cost, by ceasing to use the App and uninstalling it.
  6. The User uses the App in accordance with the law and these Terms, and does not provide unlawful content or take actions that disrupt the operation of the App or the Provider’s infrastructure.
  7. A User may optionally provide and confirm an e-mail address and provide a name in order to create and maintain a User account, storing User data and history, synchronising data between devices, and granting and verifying the extended Trial. This is voluntary. Regardless of whether such data is provided, the App records certain technical and usage data, as described in the Privacy Policy.
  8. The App may be used by persons who are at least 16 years old. The App is not directed to children below that age. The App Store age rating is a separate product setting and does not determine the age at which a person may consent to the processing of personal data.

§ 4

Trials

  1. On installation, the User receives 3 days of Trial, without any conditions and without being required to provide a name, e-mail address or other directly identifying details.
  2. During or after that period, a User who provides and confirms an e-mail address and provides a name receives an additional 14 days of free Trial, extending the free access to Black Belt Pro to up to 17 days in total.
  3. A Trial is a period of free access to Black Belt Pro. It does not require payment of a monetary price and does not automatically convert into a paid Subscription or other paid access. Black Belt Pro becomes payable only if the User actively purchases it.
  4. The User may stop a Trial at any time, including by uninstalling the App, without any obligation or charge.
  5. After a Trial ends, if the User has not purchased Black Belt Pro, the App reverts to the Free Version, limited to the countdown and stopwatch. Gesture control, the interval timer and access to history are not available in the Free Version.

§ 6

Right of withdrawal

  1. A Consumer entering into a distance contract is in principle entitled to withdraw from it within 14 days, without giving a reason, on the terms of the applicable consumer protection law.
  2. Where the User provides personal data, the User’s statutory rights concerning digital content or digital services remain unaffected. Providing a name and e-mail address to obtain the extended Trial does not by itself create a paid contract (The User can withdraw from the Trial at any time just by deleting the App or informing the Provider). The right of withdrawal set out below concerns the purchase of Black Belt Pro.
  3. Lifetime Access is a supply of digital content not carried on a tangible medium. Where, before provision of Lifetime Access begins, the Consumer has expressly requested immediate provision and acknowledged that the right of withdrawal will be lost once provision begins, the right of withdrawal is lost once provision begins. The Provider provides confirmation of the Consumer’s request and acknowledgment on a durable medium.
  4. The Subscription is a digital service supplied continuously over the subscription period. Where, before provision begins, the Consumer has expressly requested immediate provision and acknowledged the resulting consequences, the right of withdrawal is lost once the service has been fully performed (or after 14 days, whichever is sooner), and if the Consumer withdraws before, the Consumer pays a proportionate amount for the part of the service supplied up to withdrawal, as required by applicable law. The Provider provides confirmation of the Consumer’s request and acknowledgment on a durable medium.
  5. Payments are processed by Apple, therefore requests concerning withdrawal and refunds are handled through Apple’s channels and in accordance with Apple’s refund policy and applicable law. This does not exclude or limit the Consumer’s statutory rights against the Provider or the Provider’s obligations under consumer law.
  6. The Consumer receives information on the right of withdrawal and a model withdrawal form (Annex 1) and may submit a withdrawal declaration to the Provider at hello@headsettimer.com or via post to the address in § 1.

§ 7

Conformity of digital content and services

  1. The Provider is obliged to supply the App and Black Belt Pro in conformity with the contract. This obligation also applies where a User does not pay a price but provides personal data, unless that data is processed solely to supply the digital content or service or to meet a legal requirement.
  2. The Provider makes available updates, including security updates, necessary to keep the App in conformity, and informs Users of such updates on the terms provided by law.
  3. The Provider may modify Black Belt Pro beyond what is necessary to keep it in conformity only for valid reasons provided in these Terms, such as technical or legal reasons, and without additional cost to the Consumer. Where such a modification materially and negatively affects the Consumer’s access to or use of Black Belt Pro, the Provider informs the Consumer in advance, on a durable medium, in a clear and comprehensible manner, of the features and timing of the modification and of the Consumer’s right to terminate the contract free of charge within 30 days, unless the negative impact is only minor.
  4. If the App or Black Belt Pro is not in conformity with the contract, the Consumer may exercise the remedies provided by the applicable consumer protection law, including requiring that conformity be brought about and, where permitted, a price reduction or withdrawal. These remedies are without prejudice to Apple’s own processes for purchases made through the App Store.

§ 8

Complaints

  1. Complaints concerning the functioning of the App may be submitted to the Provider by e-mail to hello@headsettimer.com. A complaint should include a concise description of the matter and the action requested.
  2. The Provider responds to a Consumer complaint within 14 days of receiving it. Where Polish law applies and no specific provision provides otherwise, a failure to respond within that period means that the complaint is deemed accepted. The response is provided on paper or another durable medium.
  3. Apple may handle billing and refund requests through its App Store processes, as these transactions are carried out through the App Store. This does not exclude or limit any statutory rights or claims that the Consumer may have against the Provider.

§ 9

Communications and marketing

  1. The Provider sends marketing messages by electronic means only to Users who have given prior, separate consent. Consent to marketing is distinct from confirming an e-mail address for an extended Trial and is not implied from the absence of an objection.
  2. A User may withdraw marketing consent at any time, including through the unsubscribe mechanism in each message, with effect for the future.
  3. The App may send push notifications only if the User has enabled them in the iOS settings, and the User may disable them at any time. Where push notifications are used for marketing, the Provider obtains the User’s consent for that purpose and describes it before the system prompt. Access to the App is not conditional on enabling push notifications, tracking or marketing.
  4. Marketing messages and push notifications are sent using a third-party provider, as described in the Privacy Policy.

§ 10

Intellectual property and licence

  1. All intellectual property rights in the App, including the software, the tap-recognition model, graphics and trademarks, belong to the Provider or are used by it under appropriate licences. The Provider represents that it holds the rights necessary to make the App available on the terms set out in these Terms.
  2. On installation, the Provider grants the User a non-exclusive, non-transferable licence to use the App for its intended purpose on Apple-branded devices that the User owns or controls, in accordance with these Terms and Apple’s Usage Rules. The licence lasts for the period of use of the App.
  3. The User may not sublicense, distribute, modify, decompile or reverse engineer the App or any part of it, except to the extent such acts cannot be excluded under mandatory law.

§ 11

Liability

  1. The App is a timer intended to support workouts and other timed activities. It is not a medical device and does not provide medical or training advice. The User should assess their own physical condition and, in case of doubt, consult a physician or qualified trainer before exercising.
  2. AirPods gesture control is based on machine learning and may not always work correctly. The User should not rely on it where a missed or misrecognised gesture could cause harm.
  3. The Provider makes reasonable efforts to ensure the continuous operation of the App but is not liable for interruptions caused by factors beyond its control. Nothing in these Terms excludes or limits the Provider’s liability towards a Consumer where such exclusion or limitation is not permitted by mandatory law.
  4. The Provider may suspend or terminate a User’s access to the App in the event of a material breach of these Terms or of the law, in a proportionate manner and, where the User is a Consumer, without prejudice to the Consumer’s statutory rights.

§ 12

Terms required by Apple

  1. This paragraph sets out terms required by Apple for applications distributed through the App Store. These terms apply to the extent necessary to comply with Apple’s requirements and without prejudice to mandatory consumer-protection law.
  2. These Terms are concluded solely between the User and the Provider, and not with Apple. The Provider, not Apple, is solely responsible for the App and its content.
  3. The licence granted to the User is limited to a non-transferable licence to use the App on Apple-branded products that the User owns or controls, in accordance with the Usage Rules in the Apple Media Services Terms and Conditions, subject to Family Sharing where applicable.
  4. The Provider is solely responsible for maintenance and support of the App. Apple has no obligation to furnish any maintenance or support services.
  5. In the event of a failure of the App to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the App. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are the sole responsibility of the Provider.
  6. The Provider, not Apple, is responsible for addressing any claims of the User or a third party relating to the App or its possession or use, including product liability claims, claims of non-conformity with a legal or regulatory requirement, and claims under consumer protection or privacy law.
  7. In the event of a third-party claim that the App infringes that party’s intellectual property rights, the Provider, not Apple, is solely responsible for the investigation, defence, settlement and discharge of the claim.
  8. The User represents that the User is not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and is not listed on any U.S. Government list of prohibited or restricted parties.
  9. The User must comply with applicable third-party terms of agreement when using the App.
  10. The User acknowledges that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon the User’s acceptance, Apple has the right to enforce them against the User as a third-party beneficiary. Questions, complaints or claims regarding the App should be directed to the Provider using the contact details in these Terms.

§ 13

Amendments

  1. The Provider may amend these Terms for valid reasons, in particular a change in the law or in the functionality of the App.
  2. Users are informed of amendments, and an amendment takes effect no earlier than 14 days after it is made available. Amendments do not affect access already purchased, save as required by law.
  3. An amendment to these Terms may not circumvent § 7 or the mandatory provisions of consumer protection law.

§ 14

Governing law and disputes

  1. These Terms and the use of the App are governed by Polish law. Where the User is a Consumer, this choice of law does not deprive the Consumer of the protection of the mandatory provisions of the law of the Consumer’s country of habitual residence.
  2. A Consumer may use out-of-court means of handling complaints and pursuing claims, including mediation, a permanent consumer arbitration court, or the assistance of a poviat (municipal) consumer ombudsman. Information is available, among others for Polish consumers, on the website of the Office of Competition and Consumer Protection (UOKiK) at www.uokik.gov.pl.
  3. Disputes concerning payments and refunds may be handled through Apple’s channels, as these transactions are carried out by Apple. This does not exclude or limit the Consumer’s statutory rights or claims against the Provider.

§ 15

Final provisions

  1. The Privacy Policy and any annexes form an integral part of these Terms.
  2. In matters not regulated in these Terms, Polish law applies, in particular the Act on the provision of services by electronic means, the Act on consumer rights and the Civil Code.
  3. Where the Terms are made available to a Consumer in more than one language and the versions differ, the version in the language in which the Provider communicated with that Consumer prevails in relation to that Consumer.
  4. These Terms are effective as of 01.08.2026.

Annex 1

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

To MEMORY2 sp. z o.o., Jana Zamoyskiego 63, 30-519 Kraków, Poland, e-mail hello@headsettimer.com:

I hereby give notice that I withdraw from my contract for the supply of the following digital content or digital service: ................................................

Ordered on: ................................................

Name of consumer: ................................................

Address of consumer: ................................................

Signature of consumer (only if this form is notified on paper):

................................................

Date: ................................................

Annex 2

Information on the right of withdrawal

A Consumer has the right to withdraw from a distance contract within 14 days without giving a reason. For the purchase of Black Belt Pro, the period runs from the day the paid contract is concluded, that is, the day of purchase.

To withdraw, the Consumer informs the Provider of the decision by a clear statement, sent by e-mail to contact@memory2.co or by post to the address in § 1. The Consumer may use the model form in Annex 1, but this is not obligatory.

For Lifetime Access (digital content), the right of withdrawal is lost once provision begins, where the Consumer expressly requested immediate provision and acknowledged the loss of the right before provision began.

For a Subscription (digital service), where the Consumer expressly requested that provision begin before the end of the withdrawal period and then withdraws, the Consumer pays a proportionate amount for the part of the service supplied up to withdrawal.

Payments are processed by Apple, and refund requests are handled through Apple. This does not limit the Consumer’s statutory rights against the Provider.

Published