1. Who we are
Brontwell is provided by Om Fund Operations sp. z o.o., a limited liability company registered in Poland, [adres rejestrowy], entered in the register of entrepreneurs of the National Court Register kept by [sąd rejestrowy — art. 206 §1 KSH], KRS [numer], NIP [numer], share capital [kwota] ("Brontwell", "we", "us"). Contact: [support@brontwell.app] · telephone: [+48 numer] · privacy matters: privacy@brontwell.app.
Technical requirements: Brontwell is a web application (PWA) that runs in a current version of a modern browser [lista: Chrome, Safari, Edge, Firefox — zsynchronizować ze wspieranymi] on a device with internet access; you can optionally install it to your home screen. Your profiles are stored in the browser's local storage on your device — clearing site data removes them.
2. What Brontwell is — and what it is not
Brontwell is an AI-powered wellness companion. It analyses the meals you photograph or describe and gives personalised nutrition and lifestyle guidance based on the profile information you choose to provide, for you, your family members, and your pets.
Brontwell is a general wellness product. It is not a medical device, does not provide medical or veterinary advice, diagnosis, or treatment, and is not a substitute for professional care. The full health disclaimer in Section 8 is part of these terms.
Answers are generated by artificial intelligence (large language models operated by our AI provider). AI output can be incomplete or incorrect. Verify important decisions with a qualified professional.
3. Eligibility and accounts
You must be at least 18 years old and able to enter a binding contract to create an account. Brontwell accounts are held by adults; you may create profiles for other subjects of care — your children, other family members (with their knowledge and, where they are adults, their permission), and your pets. You are responsible for the accuracy of profile information and for decisions made on the basis of Brontwell's guidance for the people and animals in your care.
Children may not use Brontwell directly. Child profiles are created and managed by the parent or legal guardian who holds the account.
Keep your credentials secure; you are responsible for activity under your account. Notify us promptly of unauthorised use.
4. Subscriptions, trial, and billing
- Plans. Current plans, prices, daily query limits, and profile limits are shown at [pricing URL] — the plan you choose at checkout, with its price and limits, is confirmed before you pay and in your confirmation e-mail. All prices are stated in US dollars (USD). Your bank may apply currency conversion and its own fees.
- Free trial. New accounts receive a 7-day free trial. No payment card is required, and the trial never converts into a paid plan by itself. When it ends, your data stays yours and the app switches to a read-only mode — you can view and manage your profiles, but AI queries are unavailable until you choose to subscribe.
- Billing. Payments are processed by Stripe. Paid subscriptions renew automatically for successive periods (monthly or annual) until cancelled. We send a reminder before each annual renewal, and at least once a year for monthly plans, with the price and how to cancel.
- Cancellation. You can cancel anytime in Settings → Subscription — online, in one place, as easily as you subscribed; cancellation takes effect at the end of the current billing period. No cancellation fees.
- Price changes. We may change prices only for valid reasons: material changes in the costs of AI-model providers, payment processing, hosting, or taxes; material changes in the scope of the plan; or changes in law. We give at least 30 days' notice; changes apply from your next billing period. If you do not agree, cancel before the change takes effect.
- Refunds. Your statutory refund and withdrawal rights (Sections 5 and 15) are never limited. Cancellation stops future charges; access continues until the end of the paid period.
- Taxes. The price shown at checkout is the total price — it includes VAT/GST/sales tax wherever we are required to collect it, and nothing is added afterwards.
5. EU/EEA 14-day right of withdrawal
If you are a consumer in the EU/EEA, you may withdraw from a paid subscription within 14 days of purchase without giving a reason. At checkout we ask you to expressly request that we start providing the service immediately and to acknowledge how this affects your withdrawal right; if you make that request and then withdraw, you pay only a proportionate amount for the period until withdrawal. If you do not make the request, we start the paid service after the withdrawal period ends. Withdrawal: Settings → Subscription, e-mail to [support@brontwell.app], or the model form in Annex A.
6. Your content and data
You retain all rights to the photos you upload and the information you enter. You grant us a non-exclusive, worldwide licence to process this content solely to operate and improve the service as described in the Privacy Policy — including sending relevant parts of it, per query, to our AI provider to generate your answer. We do not sell your content and do not use your health data to train AI models. Health-data processing is governed by your explicit consent collected separately in the app (see Privacy Policy), which you can withdraw at any time.
Your profile data is stored locally on your device (in the app's local database).
7. Acceptable use
You agree not to: use Brontwell for anyone outside your household/care without their permission; probe, scrape, overload, or reverse-engineer the service; use it to build a competing dataset; submit unlawful content; circumvent query limits or share one account across households; use the output as professional medical, dietetic, or veterinary advice for third parties.
8. Health, pet, and other disclaimers
The disclaimers presented in the app — including the wellness (not-medical-advice) disclaimer, the
pet (not-veterinary-advice) disclaimer, and the religious/worldview disclaimer — are part of these
terms. Full texts: [link /disclaimers lub sekcja inline — treść w
disclaimers-draft.md].
9. BYO Key plan
On the BYO Key plan you connect your own OpenAI API key. You are responsible for your OpenAI account, its costs, and compliance with OpenAI's terms; queries on this plan are processed under your agreement with OpenAI, not under our data processing agreement.
10. Intellectual property
The app, website, brand, models' prompts, and content (excluding your content) are owned by Om Fund Operations sp. z o.o. or its licensors. We grant you a personal, non-transferable, non-exclusive licence to use the app for personal, non-commercial purposes while you have an account.
11. Availability and changes to the service
We aim for high availability but do not guarantee uninterrupted service. We may modify features only for valid reasons: security, changes in law, changes by our technology providers (including AI-model providers), or improvement and development of the service. We give reasonable advance notice of material changes; if a change materially and negatively affects your access to or use of a paid plan, you may cancel and receive a pro-rata refund of any prepaid, unused period.
12. Liability
Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law — including liability for death or personal injury, for damage caused intentionally or by gross negligence, for our statutory liability for lack of conformity of the digital service (EU/EEA consumers), your statutory consumer guarantees (Australia — see Section 15.4), and other non-waivable consumer rights of your country of residence.
Subject to the above: the service is provided for informational wellness purposes; we are not liable for decisions you make based on AI-generated output where the mandatory disclaimers were presented; our aggregate liability for other claims is limited to the greater of the amounts you paid us in the 12 months before the claim or EUR 100. We are not liable for indirect or consequential loss to the extent permitted by law.
13. Termination
You may delete your account anytime (Settings → Account). We may suspend or terminate accounts that materially breach these terms, with notice and a chance to remedy where proportionate. On termination we delete your data per the Privacy Policy retention rules.
14. Governing law and disputes
These terms are governed by Polish law. If you are a consumer, this choice does not deprive you of the protection of mandatory consumer laws of your country of residence, and disputes may be brought in the courts competent under the law of your country of residence — we do not restrict your statutory venue.
We prefer to solve problems directly: write to [support@brontwell.app] first and we will respond within 14 days. Consumers may also use out-of-court dispute resolution available in their country — in Poland, the trade inspection ADR (Inspekcja Handlowa) and municipal consumer ombudsmen (rzecznicy konsumentów); in other countries, the consumer ADR bodies listed by your national consumer authority. We do not require you to arbitrate disputes or to waive participation in class or representative proceedings.
15. Country-specific terms
Where these provisions conflict with the rest of the terms, this Section prevails for the relevant consumers.
15.1 Poland / EU / EEA
If you are a consumer in the EU/EEA, you have the statutory right to a service that conforms with the contract (for Polish consumers: ustawa o prawach konsumenta, przepisy o treściach i usługach cyfrowych). If the service does not conform, you may demand that it be brought into conformity. You may demand a price reduction or withdraw from the contract in the cases provided by law — including where bringing the service into conformity is impossible or would involve excessive costs for us, where we have failed to do so, where the lack of conformity persists although we tried, or where the lack of conformity is material enough to justify immediate price reduction or withdrawal. Complaints: [support@brontwell.app] — we respond within 14 days.
The 14-day right of withdrawal is described in Section 5, and the model withdrawal form is in Annex A.
The liability limits and exclusions in Section 12 do not apply to our statutory liability for lack of conformity of the digital service, to death or personal injury, or to damage caused intentionally or by gross negligence.
For consumers residing in Poland, the Polish-language version of these terms is binding; for all other users, the English version prevails.
15.3 United States
If you are a consumer in the United States, the following applies to you.
Auto-renewal: before you subscribe we display the renewal price (including the price after any trial), billing period, and how to cancel, and we ask for your separate consent to the auto-renewal terms. We e-mail an acknowledgment with the terms and cancellation instructions, send renewal reminders at least annually, and you can cancel online in Settings → Subscription at any time, effective at period end, without retention barriers.
Disclaimers and liability (US): TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; OUR AGGREGATE LIABILITY IS CAPPED AS SET OUT IN SECTION 12 AND WE ARE NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or damages, so parts of this section may not apply to you; nothing here limits rights that cannot be waived under the law of your state, and nothing excludes liability for gross negligence or willful misconduct.
New Jersey residents: the limitations in this Section 15.3 and in Section 12 apply to you only to the extent permitted by New Jersey law; nothing in these terms limits our liability for personal injury caused by our negligence, waives your rights under the New Jersey Consumer Fraud Act or the Truth-in-Consumer Contract, Warranty and Notice Act, or limits remedies those statutes provide.
Governing law (US): These terms are governed by Polish law, without prejudice to the mandatory consumer protection laws of your state of residence, which remain fully applicable to you. We do not require arbitration and do not ask you to waive class proceedings (Section 14).
15.4 Australia
If you are a consumer in Australia:
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Nothing in these terms excludes, restricts, or modifies your rights under the Australian Consumer Law. The liability cap and exclusions in Section 12 do not apply to our liability for failure to comply with a consumer guarantee under the Australian Consumer Law. These terms are governed by Polish law, but this does not displace the Australian Consumer Law; you may bring claims in your local courts, and any reference to Polish courts is non-exclusive for you.
All prices are stated in US dollars (USD), not Australian dollars. Your card issuer may apply currency conversion and its own fees.
Lab results: if you are in Australia, laboratory results you record are stored and displayed for your reference only — they are not used by the AI to generate answers (see our Privacy Policy, Section 14.3).
15.5 Canada
If you are a consumer in Canada, the mandatory consumer protection laws of your province apply notwithstanding Section 14, and nothing in these terms limits your right to bring a claim in your local courts. We do not require Canadian consumers to arbitrate disputes or to waive participation in class proceedings.
Prices are stated in US dollars (USD). Your card issuer may apply currency conversion and foreign transaction fees; these are charged by your bank, not by us. The full recurring price is shown before you subscribe, and we will e-mail you a copy of your agreement and each receipt.
Changes to these terms (Canada): we will give you at least 30 days' written notice before a change takes effect, showing the provision as it read before and as amended, and you may refuse the change and cancel without penalty before it takes effect.
Quebec: the service is currently not offered to, and may not be purchased by, residents of Quebec. We do not market Brontwell in Quebec, and we decline orders where the billing address is in Quebec.
16. Changes to these terms
We may update these terms for valid reasons (legal changes, new features, security). Material changes will be announced in the app and by e-mail at least 30 days in advance, showing each amended provision as it read before and as amended; you may refuse the change and cancel without penalty before the effective date — annual plans receive a pro-rata refund of the unused period. Continued use after the effective date constitutes acceptance.
17. Contact
Om Fund Operations sp. z o.o., [adres] · [support@brontwell.app]
Annex A — Model withdrawal form (EU/EEA consumers)
To: Om Fund Operations sp. z o.o., [adres], [support@brontwell.app]
I/We hereby give notice that I/we withdraw from my/our contract for the provision of the following service: Brontwell subscription ([plan]).
Ordered on: [data] · Name: [—] · Address: [—] · E-mail used in the account: [—]
Signature (only if this form is notified on paper): [—] · Date: [—]