BioRhythm Terms of Use

Effective date: July 14, 2026
Last updated: July 14, 2026

These Terms of Use (“Terms”) govern your access to and use of the BioRhythm mobile application, including its widgets, calculations, graphs, interpretations, advertisements, paid features, updates, associated content, and related services collectively referred to as the “App”.

The App is provided by:

Marek Hovorka
Sole trader established in the Czech Republic
Business ID (IČO): 17399408
Business address: Stavařská 735, 686 05 Uherské Hradiště, Czech Republic
Email: hello@mhsoftworks.com

Marek Hovorka is registered in the Czech Trade Licensing Register and operates the App under the business designation MH Softworks.

MH Softworks is a commercial name and brand designation only. It is not a separate company, corporation, partnership, or other legal entity. Any reference in these Terms to “MH Softworks”, “we”, “us”, or “our” means Marek Hovorka as the sole trader identified above.

Please read these Terms carefully before using the App.

By downloading, installing, accessing, purchasing through, or otherwise using the App, you confirm that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, do not download or use the App and uninstall it from your devices.

1. Important health and scientific disclaimer

BioRhythm is provided exclusively for entertainment, informational, and general personal-wellness purposes.

The App is not a medical device and is not intended to diagnose, treat, cure, mitigate, monitor, or prevent any disease, medical condition, psychological condition, injury, disability, or health risk.

The App does not provide medical, psychological, psychiatric, therapeutic, nutritional, occupational, safety, financial, legal, or other professional advice.

Nothing displayed by the App constitutes or should be interpreted as:

a medical diagnosis;
a clinical assessment;
a health recommendation;
a psychological evaluation;
a professional opinion;
a scientifically verified prediction;
a safety warning;
an instruction to take or avoid any particular action.

The classical biorhythm model used by the App is a mathematical and entertainment-oriented model. It must not be confused with clinically recognised circadian rhythms, sleep cycles, hormonal cycles, menstrual cycles, neurological rhythms, or other scientifically established biological processes.

We make no representation, warranty, or guarantee that biorhythm calculations are scientifically or clinically validated.

In particular, we do not claim that the App can accurately describe or predict your:

physical condition;
emotional condition;
intellectual abilities;
intuition;
mood;
health;
performance;
behaviour;
relationships;
safety;
concentration;
reaction time;
success;
luck;
future events.

A high, low, critical, positive, negative, or otherwise labelled value does not mean that a particular day is objectively safe, unsafe, favourable, unfavourable, healthy, unhealthy, successful, or dangerous.

Do not use the App or its output to make decisions involving:

medical treatment or medication;
symptoms or emergencies;
mental-health treatment;
pregnancy or fertility;
personal safety;
driving;
cycling in traffic;
operating machinery;
aviation or navigation;
professional or hazardous work;
sports or physical activity;
employment;
financial transactions;
legal matters;
relationships;
travel;
any other activity in which an incorrect assumption could result in injury, loss, or damage.

Always consult an appropriately qualified professional regarding medical, psychological, legal, financial, safety-related, or other professional matters.

In a medical or other emergency, immediately contact the appropriate emergency services. The App is not an emergency service and must not be used as a substitute for emergency assistance.

Your use of and reliance on any score, cycle, calculation, interpretation, graph, percentage, notification, comparison, or other App output is entirely at your own discretion and risk.

2. Eligibility

You may use the App only if you are legally capable of entering into a binding agreement under the laws applicable to you.

If you are below the age at which you may independently enter into a binding agreement, you may use the App only with the permission and supervision of your parent or legal guardian.

A parent or legal guardian who permits a minor to use the App is responsible for supervising that use to the extent permitted by applicable law.

You may not use the App where doing so would violate applicable law, a court order, a contractual restriction, or another legally binding obligation.

3. Relationship between you and the provider

These Terms create a legal relationship between you and Marek Hovorka as a Czech sole trader.

They do not create a legal relationship between you and a separate entity called MH Softworks because no such separate legal entity exists.

Nothing in these Terms creates an employment relationship, agency, partnership, joint venture, fiduciary relationship, franchise, or representation relationship between you and us.

You have no authority to act on our behalf or make commitments in our name.

4. Changes to these Terms

We may update these Terms where reasonably necessary, including to:

reflect changes to the App;
introduce, modify, or discontinue functionality;
comply with legal, regulatory, security, or platform requirements;
address misuse, fraud, vulnerabilities, or harmful conduct;
clarify existing provisions;
reflect changes in our business or third-party services.

The current version will be published with an updated “Last updated” date.

Where required by applicable law, we will provide additional notice of a material change before it takes effect.

Changes generally apply prospectively. We will not use an update to retroactively remove mandatory rights that you have already acquired.

By continuing to use the App after updated Terms become effective, you agree to the updated Terms. If you do not agree to an update, you must stop using and uninstall the App.

5. Licence to use the App

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable licence to install and use the App on compatible devices that you own or lawfully control.

This licence is granted solely for your personal and non-commercial use unless we expressly agree otherwise in writing.

The App is licensed, not sold.

You do not acquire ownership of the App, its source code, object code, algorithms, calculations, content, visual design, databases, intellectual property, or underlying technology.

Your right to use a copy obtained through Google Play or another authorised distribution platform is also subject to the terms, technical restrictions, and account requirements of that platform.

6. Permitted use

You may use the App only:

for its intended purpose;
in accordance with these Terms;
in accordance with applicable law;
through an authorised copy of the App;
on a compatible device that you own or lawfully control.

You are responsible for:

maintaining a compatible and reasonably secure device;
keeping your operating system and the App reasonably up to date;
protecting your device and platform account from unauthorised access;
ensuring that information entered into the App is accurate;
independently evaluating any App output;
maintaining any backups you consider necessary;
paying any internet, mobile-data, device, platform, or other third-party charges.

7. Prohibited conduct

You must not, directly or indirectly:

copy, reproduce, publish, distribute, sell, lease, sublicense, rent, or commercially exploit the App except where expressly permitted by mandatory law;
reverse engineer, decompile, disassemble, decode, translate, modify, or attempt to derive the source code, underlying ideas, algorithms, file formats, or non-public structure of the App, except to the limited extent that such a restriction is prohibited by mandatory law;
create derivative works based on the App or any substantial part of it without our prior written permission;
circumvent, disable, alter, manipulate, interfere with, or defeat any security measure, advertising mechanism, purchase verification, licence check, technical restriction, or access control;
use a modified, pirated, cracked, tampered, unauthorised, or illegally distributed version of the App;
falsely claim entitlement to paid functionality or attempt to obtain paid functionality without a valid purchase;
manipulate, forge, replay, or interfere with purchase records, licences, receipts, billing responses, or account information;
introduce malware, malicious code, exploits, automated attacks, scraping systems, or other harmful technology;
overload, disrupt, damage, interfere with, or gain unauthorised access to the App, our systems, or connected third-party services;
use the App for fraudulent, deceptive, unlawful, abusive, harassing, discriminatory, dangerous, or harmful purposes;
violate another person’s privacy, confidentiality, intellectual property, contractual rights, or other legal rights;
enter, collect, disclose, or process another person’s personal information without a valid legal basis or permission;
represent App output as a medical finding, professional assessment, scientifically established fact, or guaranteed prediction;
remove, hide, modify, or obscure copyright, trademark, attribution, licence, or proprietary notices;
resell access to the App or operate the App as a service for third parties without our written permission;
use the App or its content to develop, train, benchmark, validate, or improve a competing application, dataset, commercial service, artificial-intelligence model, or machine-learning system without our prior written permission;
use automated means to extract substantial parts of the App or its content;
assist, encourage, or enable another person to engage in prohibited conduct.

These restrictions apply to the maximum extent permitted by applicable law.

8. Calculations and information entered into the App

The App may calculate and display results based on information such as:

a date of birth;
a selected date;
device date and time;
time-zone settings;
preferences;
App configuration;
other information entered or selected by the user.

You are responsible for the accuracy and lawfulness of all information you enter.

Incorrect information, incorrect device settings, calendar differences, time-zone differences, leap years, rounding, software errors, methodological differences, or changes to the calculation method may affect results.

The App’s calculations and interpretations are generated automatically. They are not individually reviewed by a physician, scientist, psychologist, therapist, or other professional.

Other applications, websites, publications, or calculation methods may produce different results. A difference between results does not necessarily mean that the App or another source is defective.

You must not enter another person’s personal information unless you have that person’s permission or another valid legal basis.

You are responsible for information that you enter concerning another person and for the manner in which you use or share the resulting output.

9. No guaranteed outcome

We do not guarantee that use of the App will improve your:

health;
mood;
wellbeing;
productivity;
concentration;
relationships;
decision-making;
performance;
safety;
financial position;
personal or professional success.

Past results, displayed trends, cycle positions, percentages, or interpretations do not guarantee future outcomes.

Any action you take after viewing the App remains your own decision.

You are responsible for independently verifying relevant information, assessing risks, and exercising your own judgment.

10. Advertisements

The free version of the App may display advertisements supplied by us or by third-party advertising providers, including Google AdMob.

Advertisements may be selected, delivered, limited, measured, personalised, or otherwise processed by third parties in accordance with applicable law, your settings, consent requirements, and the third parties’ own terms and privacy practices.

Unless we expressly state otherwise:

we do not endorse an advertiser;
we do not endorse an advertised product, service, statement, or claim;
we are not a party to a transaction between you and an advertiser;
we do not control third-party websites, products, availability, delivery, security, pricing, or representations;
we are not responsible for an advertiser’s conduct.

Your interaction with an advertisement or advertiser is at your own discretion and risk.

You should independently assess an advertisement before making a purchase, installing software, visiting an external service, or providing personal information.

The number, location, frequency, format, targeting, and availability of advertisements may change.

Temporary absence of advertisements does not create a right to permanently ad-free use.

Advertising may require an internet connection and may be affected by privacy preferences, consent settings, connectivity, technical availability, geographic location, platform requirements, or third-party decisions.

11. Third-party services and links

The App may depend on or interact with third-party services, including:

Google Play;
Google Play Billing;
Google AdMob;
Google Play services;
operating-system functionality;
software libraries;
analytics or diagnostic tools;
consent-management services;
device manufacturers;
internet and telecommunications providers;
external websites.

Third-party services are not under our exclusive control. Their functionality, availability, security, policies, pricing, and technical requirements may change independently of us.

Your use of a third-party service may be governed by separate terms, licences, and privacy policies.

To the maximum extent permitted by law, we are not responsible for:

third-party content or conduct;
third-party downtime or service changes;
the security of external websites;
purchases made directly from third parties;
statements made by third parties;
losses caused by following external links;
changes made by an app store, device manufacturer, operating-system provider, advertising provider, or payment processor.

A link or technical integration does not constitute our endorsement of a third party.

12. Paid features and in-app purchases

The App may offer paid functionality, removal of advertisements, premium features, or other digital content.

The exact content, price, currency, duration, and conditions of a paid feature are those displayed through the relevant purchase interface at the time of purchase.

Purchases made through Google Play are processed by Google or its designated payment provider. Google’s separate payment, billing, account, and refund terms may apply.

You are responsible for:

ensuring that you are authorised to use the selected payment method;
protecting your Google Play or other platform account;
reviewing the displayed price before confirming a purchase;
charges made through your account to the extent permitted by law;
applicable internet, data, currency-conversion, banking, or third-party charges.

A purchase grants a limited licence to access the purchased functionality. It does not transfer ownership of the App or any intellectual property.

Paid entitlements may be connected to:

the platform account used for the purchase;
the version of the App;
the operating system;
the application package identifier;
the availability of the platform’s purchase-verification services.

A paid entitlement may not be transferable between different accounts, platforms, operating systems, or incompatible versions.

You must not share, sell, transfer, duplicate, or commercially exploit a paid entitlement except where the applicable platform expressly permits it.

13. Restoring purchases

Where technically supported, the App may allow restoration or recognition of an eligible prior purchase through the platform account used for that purchase.

Successful restoration may depend on:

using the same Google account;
access to Google Play;
an active internet connection;
valid purchase records;
continued availability of the relevant product;
compatibility with the current App version.

We cannot guarantee restoration where a purchase record is unavailable, invalid, refunded, reversed, cancelled, associated with another account, or unsupported by the platform.

Where required by law, we will provide reasonable assistance concerning a valid paid entitlement.

14. Refunds and withdrawal rights

Refunds, cancellations, and withdrawal rights may depend on:

your country of residence;
mandatory consumer law;
the platform through which the purchase was made;
the type of digital content purchased;
when the request is submitted;
whether delivery or performance has begun.

Where a purchase is processed through Google Play, refund requests should normally be submitted through Google Play’s refund and support procedures.

You may also contact us at hello@mhsoftworks.com where the platform directs you to the developer or where applicable law requires assistance from us.

Except where required by applicable law or platform rules, completed digital purchases are final and non-refundable.

Where permitted by law, by expressly requesting immediate delivery or activation of digital content, you request that performance begin before the end of any otherwise applicable withdrawal period.

Where legally required, the loss of a statutory withdrawal right occurs only after the legally required express consent and acknowledgement have been obtained.

Nothing in these Terms excludes or limits a refund, withdrawal right, conformity remedy, or other consumer right that cannot legally be excluded.

15. Updates and compatibility

We may release updates, upgrades, patches, corrections, security changes, design changes, and new versions of the App.

An update may:

add functionality;
remove functionality;
replace functionality;
change the appearance or operation of the App;
modify calculation presentation;
modify interpretation text;
change compatibility requirements;
correct errors or vulnerabilities;
be required for continued use.

We do not guarantee that the App will remain compatible with every:

device;
operating-system version;
screen size;
hardware configuration;
accessibility service;
custom operating-system modification;
third-party application.

Older versions may become unsupported or stop working because of security, legal, technical, platform, billing, advertising, or third-party requirements.

Where applicable law requires us to provide updates necessary to maintain the conformity of paid digital content, we will provide them for the legally required period and under the legally required conditions.

Failure to install a supplied update within a reasonable period may affect the security or functionality of the App.

To the extent permitted by law, we are not responsible for a lack of conformity caused solely by your failure to install an update, provided that you were adequately informed about the update, the consequences of not installing it, and the installation instructions were not defective.

16. Availability and modification of the App

We aim to keep the App functional, but uninterrupted or permanent availability is not guaranteed.

The App or any feature may be temporarily or permanently affected by:

maintenance;
defects;
security incidents;
internet or infrastructure failures;
third-party outages;
platform decisions;
operating-system changes;
legal or regulatory requirements;
events outside our reasonable control.

To the maximum extent permitted by law, we may modify, restrict, suspend, replace, or discontinue all or part of the App where reasonably necessary.

Reasons may include:

security;
technical feasibility;
low usage;
excessive operating costs;
platform requirements;
legal requirements;
third-party service discontinuation;
business restructuring.

Where discontinuation materially affects paid digital content, we will respect any remedy required by mandatory consumer law.

No provision in these Terms removes mandatory statutory rights relating to the supply or conformity of digital content.

17. Beta and experimental features

Some features may be identified as beta, preview, experimental, early access, test, or similar.

Such features may:

be incomplete;
contain errors;
operate unpredictably;
change substantially;
be temporarily unavailable;
be removed without becoming a permanent feature.

You must not rely on a beta or experimental feature for medical, safety-critical, professional, financial, legal, or other important decisions.

Use of such functionality is voluntary and at your own risk, subject to rights that cannot legally be excluded.

18. Intellectual property

The App and all associated materials are protected by copyright, trademark, database, trade-secret, and other intellectual-property laws.

Except for third-party material, all rights, title, and interest in the App belong to Marek Hovorka or the relevant licensors.

Protected material may include:

source code and object code;
calculation implementations;
algorithms;
designs;
layouts;
user interfaces;
icons;
graphics;
animations;
texts;
interpretations;
descriptions;
translations;
databases;
data structures;
product names;
brand elements;
documentation;
promotional materials.

No implied licence is granted.

All rights not expressly granted under these Terms are reserved.

The names BioRhythm and MH Softworks, associated graphics, and other brand identifiers may not be used in a way that falsely suggests sponsorship, endorsement, affiliation, partnership, or permission.

19. Screenshots and references to the App

You may ordinarily create screenshots of the App for personal, informational, review, journalistic, or educational purposes, provided that your use:

is lawful;
is not misleading;
does not falsely imply endorsement;
does not disclose another person’s information without permission;
does not reproduce a substantial part of the App as a competing product;
does not violate applicable intellectual-property rights.

We reserve the right to object to use that is deceptive, infringing, defamatory, or falsely presented as official.

20. Feedback

You may voluntarily provide suggestions, ideas, error reports, comments, translations, or other feedback.

You retain ownership of intellectual property that you already own.

To the extent permitted by law, you grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, and royalty-free licence to:

use;
reproduce;
modify;
adapt;
translate;
publish;
distribute;
commercialise;
incorporate

your feedback into products, services, documentation, or promotional materials without payment or further obligation to you.

You represent that you are entitled to provide the feedback and that our use of it will not violate another person’s rights.

Do not submit confidential information as feedback.

21. Privacy

Our processing of personal data is described in the separate BioRhythm Privacy Policy.

The Privacy Policy explains, where applicable:

what information may be processed;
why it may be processed;
the relevant legal bases;
which third parties may receive information;
how long information may be retained;
what privacy rights may apply;
how to contact us regarding privacy.

These Terms do not exclude or restrict rights under applicable data-protection law.

You should read the Privacy Policy before using the App.

22. Device security and loss of information

You are responsible for securing your:

device;
operating-system account;
Google Play account;
authentication methods;
backups;
locally stored information.

Uninstalling the App, clearing its storage, resetting or replacing a device, changing an account, using system-cleaning software, or installing incompatible software may delete App settings or locally stored information.

Unless expressly stated otherwise, the App is not:

a backup service;
a permanent storage service;
a medical-record system;
an archival service;
a cloud-storage service.

To the maximum extent permitted by law, we are not responsible for information loss caused by:

your actions;
device failure;
third-party software;
an operating-system failure;
unauthorised device access outside our reasonable control;
a failure to maintain backups;
events that we could not reasonably prevent.

23. Disclaimer of warranties

This section applies only to the maximum extent permitted by applicable law.

The App is provided on an “as is” and “as available” basis.

We do not promise that the App will be:

uninterrupted;
completely error-free;
permanently available;
secure against every possible threat;
perfectly accurate;
compatible with every device;
suitable for every purpose;
free from minor defects.

To the extent permitted by law, we disclaim warranties, representations, guarantees, and conditions that are not expressly stated in these Terms, whether express, implied, statutory, or otherwise.

This includes implied warranties or conditions relating to:

merchantability;
satisfactory quality;
fitness for a particular purpose;
non-infringement;
accuracy;
availability;
compatibility.

We do not warrant that:

every defect will be corrected;
the App will always remain available;
calculations will meet your expectations;
the App will produce the same results as another product;
third-party services will always be secure or accurate;
advertisements will be suitable for you;
the App is suitable for medical, professional, safety-critical, or important decision-making purposes.

Nothing in this section excludes a statutory guarantee, conformity requirement, warranty, or remedy that cannot lawfully be excluded.

24. Limitation of liability

The limitations in this section apply only to the maximum extent permitted by applicable law.

We are not liable for losses that:

were not reasonably foreseeable when you accepted these Terms;
were not directly caused by our breach of a legal obligation;
were caused by information or decisions outside our control;
could reasonably have been avoided by following supplied instructions or taking reasonable precautions.

To the extent permitted by law, we are not liable for indirect, incidental, special, exemplary, punitive, or consequential loss, including loss of:

profits;
revenue;
opportunity;
anticipated savings;
goodwill;
reputation;
business;
contracts;
data.

In particular, we are not responsible for loss, injury, or damage arising from:

reliance on a biorhythm result or interpretation;
treating App output as medical, scientific, psychological, or professional advice;
decisions involving health, medication, safety, driving, machinery, employment, finance, relationships, travel, or legal matters;
incorrect information entered by a user;
unauthorised access to a device or account outside our reasonable control;
third-party services, advertisements, websites, or payment providers;
device incompatibility;
operating-system changes;
unsupported software versions;
failure to install updates;
internet outages;
platform outages;
malware not introduced through our failure to exercise legally required care;
events outside our reasonable control.

Consumers

If you use the App as a consumer, our liability is limited only to the extent permitted by mandatory law applicable to you.

Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by law, including, where applicable, liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
intentional misconduct;
gross negligence where it cannot be excluded;
breach of mandatory data-protection obligations;
mandatory product-liability obligations;
infringement of non-waivable consumer rights.

Business and professional users

If you use the App for business, professional, commercial, organisational, institutional, or occupational purposes, then, to the maximum extent permitted by law:

all implied warranties and conditions are excluded;
we are not liable for loss of profits, revenue, contracts, business, opportunity, goodwill, reputation, anticipated savings, or data;
our total aggregate liability arising from or connected with the App or these Terms will not exceed the greater of:
- the total amount you paid directly for the App during the 12 months preceding the event giving rise to liability; or
- EUR 50.

The limitations in this section apply collectively to Marek Hovorka, the MH Softworks brand, licensors, contractors, suppliers, service providers, and representatives.

25. Responsibility for claims caused by misuse

You remain responsible for unlawful conduct and for loss directly caused by your intentional or negligent breach of these Terms.

If you use the App as a business or professional user, you agree, to the maximum extent permitted by law, to defend, indemnify, and hold harmless Marek Hovorka, contractors, licensors, suppliers, and service providers from third-party claims, liabilities, damages, penalties, and reasonable costs arising from:

your unlawful use of the App;
your material breach of these Terms;
your infringement of another person’s rights;
information processed without lawful authority;
an attempt to circumvent payment, licensing, advertising, or security controls;
a representation made by you that App output constitutes professional or scientific advice.

This obligation does not apply to the extent that a claim was caused by our own unlawful conduct.

For consumers, this section applies only to the extent permitted by mandatory consumer law and does not create liability beyond liability established by applicable law.

26. Suspension and termination

You may terminate your agreement with us at any time by ceasing use of and uninstalling the App.

We may suspend or terminate your right to use the App where reasonably necessary, including where:

you materially or repeatedly breach these Terms;
you use the App unlawfully or fraudulently;
you bypass purchase, licence, advertising, or security controls;
your conduct creates a security, legal, or operational risk;
action is required by law, a court, an authority, or a platform provider;
continued provision is no longer technically or commercially feasible.

Where reasonably possible and legally appropriate, we may provide notice or an opportunity to remedy a breach before termination.

Immediate action may be taken in cases involving:

fraud;
security threats;
unlawful conduct;
serious abuse;
attempted unauthorised access;
urgent legal requirements.

Termination does not affect rights or obligations that arose before termination.

If termination affects paid digital content, mandatory statutory remedies remain available.

Provisions that by their nature should survive termination will continue to apply, including provisions concerning:

intellectual property;
disclaimers;
liability;
responsibility for claims;
disputes;
governing law;
miscellaneous legal terms.

27. Events outside our reasonable control

To the maximum extent permitted by law, we are not responsible for a delay, interruption, or failure caused by events outside our reasonable control.

Such events may include:

natural disasters;
fire;
flood;
war;
terrorism;
civil unrest;
epidemics;
labour disputes;
utility failures;
telecommunications failures;
internet failures;
cyberattacks;
app-store actions;
government measures;
legal changes;
infrastructure failures;
third-party provider failures.

This section does not remove any right that cannot legally be excluded.

28. Consumer rights

Nothing in these Terms excludes, limits, or replaces a consumer right or remedy that cannot legally be excluded, limited, or replaced.

Depending on the applicable law, consumers may have mandatory rights concerning:

supply of digital content;
conformity;
functionality;
compatibility;
security updates;
remedies for defective digital content;
refunds or price reductions;
termination;
withdrawal;
unfair contract terms;
data protection.

Where a provision of these Terms conflicts with mandatory consumer law, the mandatory law prevails to the extent of the conflict.

29. Governing law

These Terms and your relationship with us are governed by the laws of the Czech Republic, excluding conflict-of-law rules, unless mandatory law requires otherwise.

If you are a consumer habitually resident in another country, this choice of Czech law does not deprive you of protection granted by mandatory provisions of the law of your country of habitual residence.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

30. Disputes and jurisdiction

Before starting formal proceedings, you are encouraged to contact us at hello@mhsoftworks.com and provide a reasonable description of the dispute so that an informal resolution may be attempted.

If you act as a business or professional user, the courts having territorial jurisdiction over our business address in the Czech Republic will have exclusive jurisdiction unless mandatory law provides otherwise.

If you are a consumer, you may bring a claim before any court that has jurisdiction under applicable consumer and procedural law.

Nothing in these Terms restricts a consumer’s right to use the courts of the consumer’s country of residence where that right is provided by mandatory law.

We do not require consumers to resolve disputes through private arbitration.

31. Alternative dispute resolution for consumers

A consumer who has been unable to resolve a dispute directly with us may be entitled to submit the dispute to an authorised alternative dispute resolution body.

For consumer disputes in the Czech Republic, the competent general alternative dispute resolution body is:

Czech Trade Inspection Authority
Central Inspectorate – ADR Department
Gorazdova 1969/24
120 00 Prague 2
Czech Republic

Website: coi.gov.cz

A consumer should ordinarily contact us about the complaint before initiating an alternative dispute resolution procedure.

The applicable eligibility rules, deadlines, competence, language requirements, and procedure are determined by law and by the rules of the dispute resolution body.

The former European Online Dispute Resolution platform was discontinued on July 20, 2025 and is therefore not presented as an available dispute-submission channel.

32. Google Play

Where the App is downloaded through Google Play:

these Terms are between you and Marek Hovorka, not between you and Google;
Google is not responsible for the App or its content except to the extent required by Google’s own terms or applicable law;
your use of Google Play remains subject to Google’s terms;
purchases and refunds may be administered through Google Play;
Google may enforce provisions that expressly grant it rights where permitted by applicable law.

Nothing in this section creates obligations for Google beyond obligations arising under Google’s own terms or applicable law.

33. Electronic communications

You agree that notices, disclosures, and communications relating to the App may be provided electronically, including through:

an in-app notice;
an app-store listing;
an update notice;
our website;
an email address you have provided;
another reasonable electronic method.

Electronic communications satisfy a requirement that communication be in writing where permitted by law.

You are responsible for ensuring that any contact information supplied by you is current and accurate.

34. Assignment and transfer

You may not assign, transfer, sublicense, or delegate your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations in connection with:

a sale or transfer of the App;
a merger;
an acquisition;
a restructuring;
a transfer of business assets;
a succession of the business;
a similar transaction.

Any transfer will remain subject to applicable law and will not unlawfully reduce mandatory consumer rights.

Where required by law, affected users will be informed.

35. No waiver

A failure or delay in enforcing a provision of these Terms does not constitute a waiver of that provision or any other right.

A waiver is effective only when made expressly and, where required, in writing.

A waiver relating to one breach does not constitute a waiver relating to another breach.

36. Severability

If a provision of these Terms is found to be invalid, unlawful, or unenforceable, it will be interpreted or limited to the minimum extent necessary to make it valid and enforceable where legally possible.

If it cannot be made enforceable, it will be severed from the Terms.

The remaining provisions will continue in effect.

For consumer contracts, this section will not be interpreted as permitting an invalid or unfair provision to be replaced with a provision that disadvantages the consumer contrary to mandatory law.

37. Entire agreement

These Terms, together with the BioRhythm Privacy Policy and any specific purchase conditions displayed at the point of sale, constitute the agreement between you and us concerning the App.

They replace previous statements, representations, or agreements concerning the same subject matter, except for rights and obligations that cannot legally be excluded.

In the event of a conflict:

mandatory law prevails;
specific terms expressly accepted for a particular paid feature prevail regarding that feature;
these Terms prevail over general promotional or informational materials.

Nothing in this section excludes liability for fraudulent misrepresentation where such liability cannot legally be excluded.

38. Interpretation

Headings are included for convenience and do not limit the meaning of a provision.

Words such as “including”, “includes”, and “for example” are illustrative and do not limit the words preceding them.

A reference to the singular includes the plural where appropriate, and vice versa.

A reference to a person may include a natural person or legal entity where appropriate.

Any reference to written permission means permission provided by Marek Hovorka or by a person expressly authorised to act on his behalf.

39. Language

These Terms may be made available in languages other than English for convenience.

Unless mandatory law requires otherwise, the English version is the reference version used to interpret the Terms.

A translation does not reduce rights granted to consumers by applicable law.

Where a translated version conflicts with the English version, the English version prevails to the extent permitted by law.

40. Contact information

Questions, complaints, legal notices, purchase enquiries, and support requests concerning the App or these Terms may be sent to:

Marek Hovorka
Operating under the business designation MH Softworks
Business ID (IČO): 17399408
Business address: Stavařská 735, 686 05 Uherské Hradiště, Czech Republic
Email: hello@mhsoftworks.com

When contacting us about a purchase, include sufficient information to identify the transaction, such as the relevant order number where available.

Do not send:

passwords;
complete payment-card details;
authentication codes;
private cryptographic keys;
unnecessary sensitive personal information.