Terms of Service
Pain Journal is not a medical device. It does not diagnose, treat, cure, or prevent any disease, and it does not provide medical advice. Always consult a qualified healthcare professional for medical decisions, and call your local emergency number in an emergency.
1. Acceptance of Terms
By downloading, installing, or using Pain Journal ("the App"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the App.
2. Service Provider
The App is provided by:
Vizaxis Mateusz Olszewski
ul. Dworcowa 22/32
10-437 Olsztyn, Poland
Email: contact@vizaxis.com
3. Description of Service
Pain Journal is a mobile application for personal logging of pain, symptoms, sleep, medications, and related information, and for generating PDF reports summarizing those entries. The App stores all journal data locally on your device. It includes optional features such as Google Drive backup and in-app purchases for premium analytics. Details on data processing are described in our Privacy Policy.
4. Not Medical Advice: Important Health Disclaimer
The App is a personal organization and self-tracking tool. It is not:
- A medical device under any applicable regulation (including the EU Medical Device Regulation 2017/745)
- A diagnostic tool
- A substitute for professional medical advice, diagnosis, or treatment
- A monitoring system that will alert anyone, including healthcare providers, to a deterioration of your condition
Reports and statistics generated by the App summarize the data you entered. They do not interpret your pain, suggest a diagnosis, or recommend any treatment. Severity scales, body map zones, pain types and other inputs are subjective categories chosen by you, not clinical measurements.
Always consult a qualified healthcare professional for medical decisions. Never delay seeking medical attention because of something you saw in the App, and never use the App as a substitute for emergency care. If you are experiencing a medical emergency, call your local emergency number (e.g. 112 in the EU, 911 in the US).
5. No Account Required
The App does not require account registration, login credentials, or personal information to use. You may optionally sign in with a Google account if you want to enable cloud backup; that sign-in is purely for backup purposes and is not required to use the App.
6. In-App Purchases
- The App offers optional premium features via in-app purchases ("Pro" plans).
- All purchases are processed by the Apple App Store or Google Play Store. We do not process payments directly.
- Subscription terms, pricing, auto-renewal, and cancellation are governed by the respective platform's policies.
- Refund requests must be directed to Apple or Google per their refund policies.
- We may change pricing for future purchases. Existing subscriptions renew at their original price until you cancel or the subscription period ends.
- Basic features (manual logging, body map, history, and basic PDF reports) are and will remain available without a subscription.
7. User Responsibilities
- You are responsible for the accuracy of information you enter into the App. The App stores what you log; it cannot verify it.
- You are responsible for maintaining backups of your data. Since all data is stored locally on your device, uninstalling the App permanently deletes all local data unless you have enabled Google Drive backup and a recent backup exists.
- If you enable Google Drive backup, you are responsible for maintaining access to that Google account. We cannot recover backups from accounts you have lost access to.
- If you generate a PDF report and share it with a healthcare provider, family member, or anyone else, you are responsible for the contents of that share. The App initiates sharing only at your explicit instruction via the system share sheet.
- The App provides reminders (e.g. nightly logging reminders) as a convenience. Delivery of notifications depends on your device's operating system, battery optimization settings, and notification permissions. You should not rely solely on the App for medication, treatment, or appointment reminders.
8. Acceptable Use
You agree not to:
- Use the App to record information about anyone other than yourself, unless you have legal authority to do so on their behalf and they have consented
- Attempt to circumvent in-app purchase mechanisms or to use premium features without a valid subscription
- Reverse-engineer, decompile, or attempt to extract the source code of the App except to the extent permitted by mandatory law
- Use the App in a way that violates applicable law
9. Intellectual Property
The App, including its design, source code, icons, graphics, and content, is owned by Vizaxis Mateusz Olszewski and protected by applicable copyright and intellectual property laws. You may not copy, modify, distribute, decompile, or reverse-engineer any part of the App, except as expressly permitted by these Terms or by mandatory law.
Your journal entries, notes, photos, and reports remain your content. You retain all rights to them. We do not claim any license over your content because we do not have access to it.
10. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the App is provided "as is" and "as available." If you are a consumer in the European Union, you retain all statutory conformity rights under applicable consumer protection law (including the Digital Content Directive 2019/770), which cannot be excluded or limited by these Terms.
Subject to the above, we do not warrant that:
- The App will be error-free, uninterrupted, or available at all times
- Reports, statistics, charts, or correlations generated by the App are clinically meaningful or suitable for any medical purpose
- Reminders or notifications will always be delivered on time
- Cloud backups will be free from corruption or always available for restore (Google Drive availability is governed by Google's terms)
11. Limitation of Liability
To the maximum extent permitted by applicable law, Vizaxis Mateusz Olszewski shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App, including but not limited to:
- Health outcomes, missed diagnoses, treatment decisions, or any medical consequence influenced by your use of the App or its reports
- Lost data, including pain history, in the event of device loss, App uninstall without backup, or backup restore failure
- Inaccurate statistics or correlations shown by the App
- Missed or delayed reminders
Our total liability for any claim arising from or related to the App shall not exceed the amount you paid for the App or in-app purchases in the 12 months preceding the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law (for example, liability for death or personal injury caused by negligence, or for fraudulent misrepresentation).
12. Third-Party Services
The App uses third-party services (Firebase Analytics, Firebase Crashlytics, Firebase Remote Config, Google Sign-In, Google Drive App Data, RevenueCat) that are subject to their own terms and conditions. We are not responsible for the availability, accuracy, or performance of these services. Your use of Google Drive backup is also subject to Google's Terms of Service.
13. Termination
You may stop using the App at any time by uninstalling it. Uninstalling the App will not automatically delete cloud backups stored in your Google Drive. See the Privacy Policy for how to remove those.
We reserve the right to discontinue the App or any of its features at any time. Active paid subscriptions will be honored for their remaining term; if a feature is discontinued during a paid term, we will offer a pro-rata refund for the affected portion where required by law.
14. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted at this URL with a revised effective date. For material changes, we will provide notice through the App. Continued use of the App after changes constitutes acceptance of the updated Terms.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Poland.
If you are a consumer residing in the European Union, you may bring proceedings in the courts of your country of residence. Nothing in these Terms limits or excludes your rights under mandatory EU consumer protection laws, including the Digital Content Directive (2019/770) and your local consumer protection legislation. Any statutory rights you have as a consumer remain unaffected by these Terms.
For non-consumer disputes, the courts of Olsztyn, Poland shall have non-exclusive jurisdiction.
You may also use the European Commission's Online Dispute Resolution platform.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Contact
For questions about these Terms:
Vizaxis Mateusz Olszewski
Email: contact@vizaxis.com
ul. Dworcowa 22/32, 10-437 Olsztyn, Poland