These Terms of Use (“Terms”) govern your use of the Polly mobile app (“Polly”, “the app”). Polly is built and operated by Adam Mierzwa, an individual based in Germany (“we”, “us”). By installing or using the app you agree to these Terms. If you don’t agree, please stop using Polly.
In addition to these Terms, your use of Polly is governed by Apple’s Licensed Application End User License Agreement (the “Standard EULA”), which the App Store applies automatically to every app download. Where these Terms and the Standard EULA cover the same topic, these Terms apply to the extent permitted by the App Store rules.
Read Apple’s Standard EULA: apple.com/legal/internet-services/itunes/dev/stdeula.
You must be at least 13 years old to use Polly. If you are a minor, please use the app with a parent or guardian who agrees to these Terms on your behalf.
Polly is a consumer wellness companion, not a medical device. It does not diagnose, treat, cure or prevent any condition. Everything the app shows — pollen forecasts, sensitivity insights, diary patterns, suggested tips — is for your personal interest only and is not a substitute for professional medical advice. If you have symptoms or questions that worry you, talk to a qualified healthcare professional.
Pollen forecasts in Polly are sourced from third-party providers (Google Pollen API and Open-Meteo). They are model-based estimates derived from weather, plant coverage and time of year. Actual pollen levels in your location can differ, sometimes significantly. We don’t guarantee the accuracy, completeness, timeliness or availability of the forecasts, and we’re not responsible for decisions you make based on them.
Parts of Polly require an active “Polly Pro” subscription. Subscriptions are sold and processed by Apple through the App Store; we don’t handle payments directly.
Refunds for App Store subscriptions are handled exclusively by Apple. You can request a refund at reportaproblem.apple.com. Because we don’t process payments and don’t receive your Apple identity, we are generally unable to issue refunds directly. We will, however, help you troubleshoot access or billing problems — just email support@mierzwa.net.
Your diary entries, profile and preferences stay on your device and in your private iCloud account. We do not receive them. See our Privacy Policy for details.
If you submit a feature idea, vote or message through the in-app feedback form, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and implement your suggestion in Polly and in future versions of Polly, with no obligation of compensation or attribution. You keep ownership of what you wrote; this licence only gives us the freedom to act on your ideas.
Please don’t use Polly to break the law, harass anyone, or submit abusive or spam content through the feedback form. Please don’t reverse-engineer the app, disrupt our services, or attempt to access data that isn’t yours. We may remove submitted feedback that violates these rules.
We try to keep Polly available and running well, but we don’t guarantee uninterrupted or error-free operation. We may add, change, suspend or discontinue features at any time. If we ever discontinue the app entirely, we’ll give reasonable notice where possible, and you can always cancel your subscription directly through Apple.
Polly is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. None of this affects your statutory rights as a consumer under German or EU law.
To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential or punitive damages arising out of or relating to your use of Polly. Our total liability for any claim arising out of or relating to these Terms or the app will not exceed the total amount you paid for Polly in the twelve (12) months before the claim, or €50, whichever is greater. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be limited under applicable law.
We may update these Terms from time to time. If we make material changes, we’ll update the “Last updated” date above and, where appropriate, show a notice inside the app.
These Terms are governed by the laws of the Federal Republic of Germany, without regard to its conflict-of-law rules. If you are a consumer, this choice of law does not override any mandatory consumer-protection rights you have under the laws of the country where you live. Disputes that cannot be resolved informally fall within the competence of the competent German courts, subject to any consumer jurisdiction you may have under local law.
Questions about these Terms or the app: support@mierzwa.net