Terms of Service
1. General provisions
- These Terms of Service set out the rules for using:
- the Service — the website available at pointmoa.eu,
- the Application — the pointMoA Android app, distributed through Google Play.
- The provider is a natural person using the designation pointMoA (the "Provider"). Contact: kontakt@pointmoa.eu.
- The Service is made available free of charge. The Application is free to download; some of its features may require a one-off purchase inside the Application, on the terms set out in § 4.2.
- Using the Service constitutes acceptance of these Terms. Downloading or launching the Application constitutes acceptance of the sections concerning it.
- Data processing is described in a separate Privacy Policy.
2. Definitions
- User — a person using the Service or the Application.
- Service — the
pointmoa.euwebsite. - Application — the pointMoA software for Android (package identifier
pl.fatpirat.pointmoa), running on the User's device. - Store — Google Play, operated by Google, through which the Application is distributed.
- Pro — the set of Application features unlocked by a one-off in-app purchase.
- Free version — the set of features available without purchasing Pro.
- Module — a distinct area of functionality within the Service or the Application, such as the ballistic calculator, armoury, shooting log or targets.
- Content — texts, graphics, data and other material made available in the Service or the Application.
- User Data — information the User enters into the Application (firearm and ammunition profiles, log entries, targets, photographs, notes).
3. Scope of services in the Service
- The Service provides informational content about the pointMoA ecosystem free of charge.
- Modules are released in stages. Information about a Module marked "coming soon" is an announcement and does not constitute a commitment to release it by any particular date, or at all.
- Using the Service requires no account and no personal data, other than voluntary contact by e-mail.
- The Provider reserves the right to make the Service temporarily unavailable, in particular for maintenance.
4. The pointMoA Application
4.1. Licence
- The Provider grants the User a non-exclusive, non-transferable, royalty-free licence to use the Application on devices at the User's disposal, for personal use.
- The licence does not cover resale, rental, lending, redistribution, making the Application publicly available, or distributing modified versions of it.
- Decompiling, disassembling and reverse-engineering the Application are prohibited beyond the extent permitted by mandatory provisions of law.
- The licence lasts for as long as the Application is used and expires on uninstallation.
4.2. Free version and Pro
- The Application is free to download and will remain so. It contains no advertising.
- Some features are or will be unlocked by a one-off in-app purchase ("Pro"). Pro is not a subscription — it does not renew and involves no recurring charges.
- In-app purchases operate from the version of the Application that introduces them. Earlier versions are entirely free, with no feature limits.
- The current split of features between the Free version and Pro, and the price of Pro, are stated in the Application and in the Store, before purchase.
- The ballistic calculator remains free and unrestricted regardless of Pro.
- The seller towards the User is Google, on the Store's terms. The Provider takes no payment directly and has no access to the User's payment details.
- The Provider may offer a trial period of Pro and Store promotional codes. Their terms and duration are stated when they are offered.
4.3. How limits work in the Free version
- 🔴 User Data is never held hostage. Everything the User has saved remains visible, printable and exportable — in the Free version too, and after a trial period ends. Limits apply only to adding new entries, never to reaching existing ones.
- Export and import of data are free and unlimited in every version. Portability of one's own data is not a paid feature.
- Numeric limits are counted on the device only. Clearing the Application's data or reinstalling it resets those counters, including a used trial period — the Application has no server that could restore them.
- The split of features between the Free version and Pro may change in future versions. Such a change does not remove features the User has already paid for.
4.4. Refunds and consumer rights
- A Pro purchase is concluded with the Store. Refunds and complaints about the payment itself are handled by Google, under the Store's terms.
- Consumer rights under mandatory provisions of law, including those on withdrawal from a contract for the supply of digital content and on conformity of digital content with the contract, remain unaffected.
- The Provider supplies Pro as described in the Application and in the Store at the time of purchase. Complaints about how Pro functions may also be addressed directly to the Provider (§ 11).
4.5. Technical requirements and updates
- The Application requires a device running Android 7.0 or later and free space for User Data, photographs included.
- The Application works without a network connection. The exceptions are purchasing Pro and restoring a purchase, which require a connection to the Store and a Google account. No calculation function and no data storage needs a connection.
- Updates are delivered through the Store. Beyond updates necessary to keep Pro in conformity with the contract, the Provider does not undertake to issue updates or to maintain compatibility with future versions of Android.
- The Provider may discontinue development or distribution of the Application. An already installed Application continues to work in such a case, to the extent the User's device allows.
4.6. User Data and responsibility for backups
- The Application works without user accounts and without a Provider server. User Data remains in the device's memory.
- 🔴 Securing User Data is the User's responsibility. The Provider has no access to it and cannot restore it.
- Loss of the device, its failure, clearing the app's data or uninstalling it mean irrecoverable loss of User Data.
- The Application provides export of data to a file. This is the primary way to make a backup and to move data to another device. Regular use of this function is recommended.
- Android's system backup may cover Application data on the terms described in the Privacy Policy. This is a Google mechanism, not the Provider's, and does not constitute a guaranteed backup.
4.7. Store terms
Use of the Application downloaded from the Store is additionally subject to the Google Play terms. In the event of a conflict between these Terms and the Store's terms as regards distribution itself, the Store's terms prevail.
5. Nature of results and data
- Calculation results provided in the Service and in the Application are indicative and for guidance only.
- Results are based on mathematical models and on data entered by the User. The actual trajectory of a projectile depends on factors that the model does not cover, or covers in simplified form.
- The User is obliged to verify results independently before relying on them in practice, in particular by confirming them at a range under controlled conditions.
- Automatic shot-hole detection on a target photograph is approximate: it may miss a hit or report a hole where there is none. The result requires the User's own check and does not replace a judge's assessment or an official score.
- Ammunition, firearm and optics data built into the Application is a compilation of parameters from manufacturers and public sources. It may be incomplete or out of date and does not replace manufacturer data.
- The shooting log, ammunition consumption records and the summaries derived from them are the User's private notes. They are not an official document, nor a register within the meaning of firearms and ammunition regulations.
- Neither the Service nor the Application replaces training, knowledge or shooting experience.
6. Safety and legal compliance
- Firearms, ammunition and shooting sports are subject to generally applicable law. The User is obliged to comply with it, including holding any required permits and entitlements.
- Content in the Service and in the Application does not constitute instruction on manufacturing, modifying or handloading ammunition, or on unlawfully using firearms or ammunition. Compilations of ammunition parameters are not handloading recipes and must not be used as such.
- Content does not constitute legal advice.
- Material relating to the Polish shooting licence examination is supplementary, does not originate from the examining authority, and guarantees neither passing the examination nor conformity with its current scope.
- Neither the Service nor the Application is intended for children. In the Store the Application carries the age rating resulting from its subject matter.
7. Rules of use
- The User undertakes to use the Service and the Application in accordance with the law, good practice and these Terms.
- The following are prohibited in particular:
- supplying unlawful content,
- actions that disrupt the Service or place a disproportionate load on it, including large-scale automated content retrieval,
- attempting unauthorised access to the Service, the Application or their resources,
- using the Application for unlawful purposes.
8. Intellectual property
- The Service, the Application, their source code and Content are protected by copyright and are the property of the Provider unless stated otherwise.
- Use of Content beyond permitted personal use requires the Provider's prior written consent.
- Third-party material, including public-domain data and open-source software, retains its own licences. Information about such material is made available alongside it.
- User Data belongs to the User. The Provider acquires no rights to it and has no access to it.
- The pointMoA designation and the graphic mark are protected.
9. Liability
- The Service and the Free version of the Application are provided free of charge and as is.
- To the extent permitted by law, the Provider accepts no liability for the consequences of relying on calculation results, for loss of User Data, or for damage arising from unavailability or malfunction of the Service or the Application.
- The limitations in point 2 do not exclude or limit liability for intentionally caused damage, for personal injury, or any liability that cannot lawfully be excluded.
- 🔴 Points 1 and 2 do not apply to features covered by a Pro purchase to the extent that they would limit consumer rights regarding conformity of digital content with the contract. For paid digital content the Provider is liable on statutory terms.
- These Terms do not limit the rights of consumers under mandatory provisions of law.
10. Technical requirements of the Service
Using the Service requires a device with internet access, a current web browser and JavaScript support to the extent needed by interactive Modules. The Application's requirements are set out in § 4.5.
11. Complaints
- Comments and complaints about the Service and the Application may be sent to kontakt@pointmoa.eu.
- A report should describe the problem and, where possible, indicate the address of the page concerned, or the Application version and device model.
- The Provider will reply to the e-mail address given within 30 days of receiving the report.
- Complaints concerning the download, installation, payment or refund in the Store itself are handled by Google, under the Store's terms (§ 4.4).
12. Changes to these Terms
- The Provider may amend these Terms, in particular in connection with changes to the scope of services, the release of new Modules, the development of the Application, or changes in law.
- Amended Terms are published in the Service together with the date of update and the version, and take effect on the date of publication.
- Continued use of the Service or the Application after the date of publication constitutes acceptance of the changes. A User who does not accept them should stop using them and uninstall the Application.
- A change introducing paid features, or altering the split of features between the Free version and Pro, is published before it takes effect. It does not remove features the User has already paid for (§ 4.3(4)).
13. Final provisions
- Matters not covered by these Terms are governed by Polish law.
- If any provision of these Terms proves invalid, the remaining provisions remain in force.
- These Terms take effect on the date of publication indicated above.
- These Terms were drawn up in Polish. In the event of any discrepancy between language versions, the Polish version prevails.