TERMS OF USE

Last Updated: January 13, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE BUDCAL APPLICATION.

These Terms of Use ("Terms", "Agreement") govern your use of the BudCal mobile application ("App", "Service", "BudCal") operated by ADAKS MEDIA Daniel Dobrowolski ("we", "us", "our").

By downloading, installing, or using BudCal, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

This Agreement complies with:

European Union Consumer Rights Directive (2011/83/EU)
Polish Civil Code (Kodeks cywilny)
Polish Consumer Rights Act (Ustawa o prawach konsumenta)
Apple App Store Standard License Agreement
Google Play Terms of Service
EU Digital Services Act

1. DEFINITIONS

1.1 "App" or "BudCal" means the mobile application software provided by ADAKS MEDIA Daniel Dobrowolski.

1.2 "User", "you", or "your" means any person who downloads, installs, or uses the App.

1.3 "Content" means all data, information, estimates, photos, and other materials you create or upload in the App.

1.4 "Premium Features" means subscription-based features requiring payment.

1.5 "Estimate" means a construction cost calculation document created using the App.

1.6 "Services" means the functionality and features provided by the App.

2. ACCEPTANCE OF TERMS

2.1 By using BudCal, you:

Confirm you are at least 18 years old or have parental consent
Have the legal capacity to enter into this Agreement
Agree to comply with all applicable laws and regulations
Accept these Terms in their entirety

2.2 You must accept these Terms before first use of the App. Continued use constitutes ongoing acceptance.

2.3 We reserve the right to refuse service to anyone for any reason at any time.

3. GRANT OF LICENSE

3.1 License Grant:

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Download and install the App on devices you own or control
Use the App for your personal or business purposes
Create estimates and manage client information

3.2 License Restrictions:

You may NOT:

Copy, modify, or create derivative works of the App
Reverse engineer, decompile, or disassemble the App
Rent, lease, lend, sell, or sublicense the App
Remove or alter any proprietary notices or labels
Use the App for any illegal or unauthorized purpose
Attempt to gain unauthorized access to the App's systems
Interfere with or disrupt the App's functionality
Use the App to create a competing product or service
Extract source code or trade secrets
Use the App in any way that could damage our reputation

3.3 This license is effective until terminated. Your rights terminate automatically without notice if you fail to comply with any term of this Agreement.

4. DESCRIPTION OF SERVICE

4.1 BudCal provides:

Construction and renovation estimation tools
Client and project management features
Cost calculation functionality
PDF export of estimates
Photo attachment to estimates
Company branding customization
Multi-language support (55+ languages)
Multiple currency support
Custom unit system configuration

4.2 Free vs. Premium Features:

Free tier includes basic estimation features with limitations
Premium subscription removes limitations and unlocks:
- Unlimited estimates
- Multiple rooms per estimate
- PDF export with customization
- Photo attachments
- Unlimited client management
- Custom catalog and services
- Company information storage
- Advanced formatting options

5. SUBSCRIPTIONS AND PAYMENTS

5.1 Subscription Options:

Monthly subscription (auto-renewable)
Yearly subscription (auto-renewable, recommended)
Lifetime purchase (one-time payment)

5.2 Free Trial:

New users may be eligible for a free trial period
Trial duration is specified at the time of subscription
You will not be charged during the trial period
You must cancel before the trial ends to avoid charges
Only one trial per Apple ID

5.3 Payment Processing:

All payments are processed through Apple App Store or Google Play Store
Prices are determined by the app store and may vary by region
Prices are subject to change with 30 days' notice
Payment is charged to your Apple ID or Google Play account
We do NOT have access to your payment information

5.4 Automatic Renewal:

Subscriptions automatically renew unless cancelled
Your account will be charged 24 hours before the end of the current period
You will be charged at the same rate unless price changes are communicated
Manage subscriptions and turn off auto-renewal in your device Settings:
- iOS: Settings → [Your Name] → Subscriptions
- Android: Google Play Store → Subscriptions

5.5 Cancellation:

You can cancel your subscription at any time
Cancellation takes effect at the end of the current billing period
No refunds for partial periods
Access to Premium features continues until the end of the paid period
Cancelled subscriptions do not automatically delete your data

5.6 Refunds:

Refund requests must be made through Apple App Store or Google Play Store
We do not control refund policies
Apple's refund policy: https://support.apple.com/en-us/HT204084
Google's refund policy: https://support.google.com/googleplay/answer/2479637
Refunds are at the sole discretion of Apple or Google
Under EU Consumer Rights Directive, you have 14 days to withdraw from digital content purchases (unless you waive this right by starting use)

5.7 Price Changes:

We reserve the right to change subscription prices
Existing subscribers will be notified 30 days before price changes
Continued subscription after notification constitutes acceptance
You may cancel before the price change takes effect

5.8 Restore Purchases:

You can restore purchases on new devices using the same Apple ID or Google account
Use the "Restore Purchases" feature in the App

6. USER CONTENT AND RESPONSIBILITY

6.1 Your Content:

You retain all ownership rights to the Content you create
You are solely responsible for all Content you create or upload
You must ensure all Content complies with applicable laws

6.2 Content Accuracy:

You are responsible for the accuracy of all data entered
We do not verify the accuracy of estimates, measurements, or calculations
Estimates created are for informational purposes only
You should independently verify all calculations before use

6.3 Prohibited Content:

You may NOT use the App to create or store Content that:

Violates any law or regulation
Infringes intellectual property rights
Contains malware or harmful code
Is defamatory, obscene, or offensive
Violates the privacy of others
Contains false or misleading information intended to deceive

6.4 Data Storage:

All Content is stored locally on your device
You are responsible for backing up your Content
We are not liable for loss of Content due to device failure, loss, or theft
No cloud backup is currently provided (future updates may add this)

6.5 Client Data:

You must have permission to store client information
You must comply with GDPR and data protection laws when storing client data
You must not use the App to process sensitive personal data without proper legal basis
You must inform your clients about data processing if required by law

7. ESTIMATES AND PROFESSIONAL USE

7.1 Disclaimer on Estimates:

Estimates created with BudCal are for informational and planning purposes only
Estimates are NOT legally binding contracts
Actual costs may vary significantly from estimates
You are responsible for verifying all calculations independently
The App uses mathematical formulas but cannot account for:
- Market price fluctuations
- Unforeseen circumstances
- Material availability
- Labor market conditions
- Site-specific conditions

7.2 Professional Verification:

Always verify estimates with current market prices
Consult with suppliers for accurate material costs
Factor in local building codes and regulations
Consider project-specific risks and variables
Do not rely solely on the App for final pricing

7.3 Estimate Validity:

You can set an estimate validity period (default 7 days)
Estimates should include validity dates
Prices may change after the validity period expires
You are responsible for updating expired estimates

7.4 No Guarantee of Accuracy:

We do not guarantee the accuracy of calculations
The App is a tool to assist with estimations
Final responsibility for accuracy rests with you
Use professional judgment when creating estimates

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Ownership:

BudCal and all its components are owned by ADAKS MEDIA Daniel Dobrowolski
This includes: design, code, graphics, logos, interface, and documentation
All rights are protected by copyright, trademark, and other intellectual property laws
"BudCal" and related marks are trademarks of ADAKS MEDIA Daniel Dobrowolski

8.2 Your Ownership:

You retain ownership of all Content you create
Company logos, client information, and photos you upload remain your property
By using the App, you do NOT transfer ownership of your Content to us

8.3 No Transfer of Rights:

These Terms do not grant you any rights to our intellectual property
You may not use our trademarks, logos, or branding without written permission

9. PROHIBITED USES

You agree NOT to:

9.1 Legal Violations:

Use the App for any illegal purpose
Violate any local, national, or international law
Infringe on intellectual property rights of others

9.2 Security Violations:

Attempt to hack, crack, or compromise the App
Introduce viruses, malware, or harmful code
Bypass security features or restrictions
Attempt to gain unauthorized access to our systems

9.3 Misuse:

Impersonate others or provide false information
Spam, harass, or abuse other users (if applicable)
Use automated systems to access the App without permission
Scrape or extract data using bots or automated tools

9.4 Commercial Misuse:

Resell or sublicense the App without permission
Create competing products using our technology
Use the App to provide services to third parties (unless properly licensed)

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 "AS IS" Disclaimer:

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY
UNINTERRUPTED OR ERROR-FREE OPERATION
SECURITY OF DATA

10.2 No Professional Advice:

The App does not provide professional advice
Do not rely on the App as a substitute for professional consultation
Consult qualified professionals for construction, legal, financial, or tax advice

10.3 Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We are NOT liable for any indirect, incidental, special, consequential, or punitive damages
We are NOT liable for loss of profits, revenue, data, or use
Our total liability shall not exceed the amount you paid for the App in the last 12 months
We are NOT liable for issues caused by third parties (Apple, device manufacturers, etc.)

10.4 Specific Exclusions:

We are NOT liable for:

Inaccurate estimates or calculations
Financial losses resulting from use of estimates
Device failures, data loss, or corruption
Third-party actions or services
Force majeure events (natural disasters, government actions, etc.)
Internet or network connectivity issues
Unauthorized access to your device

10.5 European Consumer Rights:

Nothing in these Terms limits your statutory rights under EU or Polish consumer protection laws. If you are a consumer in the EU:

Statutory warranties cannot be excluded
You have rights under EU Consumer Rights Directive
You may have additional remedies under local law
Contact us or your consumer protection office for assistance

11. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms:

ADAKS MEDIA Daniel Dobrowolski
59-800 Lubań, Mściszów 112B, Poland
Email: oalert.pl@gmail.com
Website: https://dobrysoftware.com

12. CONSUMER RIGHTS (EU/POLAND)

12.1 Right of Withdrawal (EU Consumer Rights Directive):

If you are an EU consumer, you have 14 days to withdraw from a purchase
This right does NOT apply to digital content if you have started using it and waived the withdrawal right
To exercise withdrawal, contact us at the email above

12.2 Statutory Warranty (Polish/EU Law):

Digital content must conform to the contract
You have remedies under Polish Civil Code if the App is defective
Statutory warranty periods apply (minimum 1-2 years depending on jurisdiction)

12.3 Unfair Terms:

Any term that unfairly disadvantages consumers may be unenforceable
Unfair Contract Terms Directive (93/13/EEC) protects EU consumers
Contact consumer protection authorities if you believe terms are unfair

13. ACKNOWLEDGMENT

BY USING BUDCAL, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms
You agree to be bound by these Terms
You have the authority to enter into this Agreement
You will use the App in compliance with all applicable laws

If you do not agree with these Terms, you must immediately cease using the App and uninstall it from your device.

These Terms of Use are effective as of the date stated at the top of this document. For the most current version, visit: https://dobrysoftware.com/budcal/terms

Terms of Service