These Terms of Use ("Terms") are a legal agreement between you and bitart, s.r.o. ("we", "us", "our") governing your use of the Agonist mobile application and related services (collectively, the "App"). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be at least 17 years old (and meet the minimum age of digital consent in your country) to use the App. By using the App, you represent that you meet these requirements and that the information you provide is accurate.
2. License
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple devices that you own or control, solely for your own non-commercial, personal tracking purposes. This license is also subject to the Apple Media Services Terms and the Apple Licensed Application End User License Agreement (EULA).
3. Your account and data
Some features require an account. You are responsible for maintaining the confidentiality of your credentials and for activity under your account. You are responsible for the accuracy of the data you enter. Our handling of your personal data is described in our Privacy Policy. You can delete your account and its synced data at any time in Settings → Delete account, or by emailing apps@bitart.sk.
4. Subscriptions, free trial, and billing
- The App offers auto-renewing subscriptions: Monthly ($4.99/month) and Yearly ($29.99/year). Prices may vary by region and are shown in the App before purchase.
- New subscribers may be offered a 3-day free trial. If you do not cancel before the trial ends, it converts to a paid subscription.
- Payment is charged to your Apple App Store account at confirmation of purchase. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.
- You can manage or cancel your subscription in your device's Settings → [your name] → Subscriptions. Cancelling stops future renewals; you keep access until the end of the current period.
- Refunds are handled by Apple in accordance with Apple's policies. Request them at reportaproblem.apple.com. Except where required by law, payments are non-refundable.
- We may change subscription prices or features. Price changes apply to future billing periods, and where required we will seek your consent or give notice.
5. Acceptable use
You agree not to:
- Use the App for any unlawful purpose or in violation of these Terms;
- Reverse engineer, decompile, or attempt to extract the source code of the App, except as permitted by law;
- Interfere with, disrupt, or attempt to gain unauthorized access to the App or its systems;
- Resell, sublicense, or commercially exploit the App; or
- Rely on the App as a source of medical advice or for clinical decision-making.
6. Intellectual property
The App, including its software, design, logos, and content (excluding the data you enter), is owned by us or our licensors and is protected by intellectual property laws. The data you enter remains yours. These Terms do not grant you any rights to our trademarks or branding.
7. Third-party services
The App relies on third-party services (including Apple, Supabase, and Adapty) to function. Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services.
8. Disclaimer of warranties
To the maximum extent permitted by law, the App is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that estimates, trends, projections, or reminders will be accurate or reliable.
9. Limitation of liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or health outcomes, arising out of or relating to your use of (or inability to use) the App. To the extent liability cannot be excluded, our total liability is limited to the amount you paid us for the App in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited under applicable law (including your statutory consumer rights).
10. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your misuse of the App or your violation of these Terms or applicable law.
11. Termination
You may stop using the App and delete your account at any time. We may suspend or terminate your access if you violate these Terms or to comply with law. Provisions that by their nature should survive termination (including Sections 6, 8, 9, 10, and 12) will survive.
12. Governing law
These Terms are governed by the laws of the Slovak Republic, without regard to conflict-of-law rules, and subject to any mandatory consumer-protection laws of your country of residence. Disputes are subject to the competent courts of Slovakia, unless applicable law grants you the right to bring proceedings elsewhere.
13. Changes to these Terms
We may update these Terms from time to time. We will revise the "Last updated" date above and, where appropriate, notify you in the App. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms.
14. Contact
bitart, s.r.o.
apps@bitart.sk
Višňové 897, 013 23 Višňové, Slovakia