Terms of Service

1. Provider details

Pursuant to Section 4 of Act CVIII of 2001 on electronic commerce services:

Name

Donát Polyák, sole trader (egyéni vállalkozó)

Registered / postal address

Újlak utca 5. 4/39, 1173 Budapest, Hungary

Tax number

91963631-1-42

D-U-N-S number

302350030

Registration number

62171436

Registering authority

Ministry of the Interior, register of sole traders

E-mail

adatvedelem@chipet.app

Phone

+36 30 301 7733

Website

https://chipet.app

Hosting provider

DotRoll Számítástechnikai Kft. Registered office: Fogarasi út 3–5, 1148 Budapest, Hungary · Company reg. no.: 01-09-882068 · Tax no.: 13962982-2-42 E-mail: support@dotroll.com · Phone: +36 1 432 3232

Place of complaint handling

the address and e-mail above.

Point of contact for recipients

(Art. 12 DSA): adatvedelem@chipet.app

2. Definitions

Service: the ChiPet Gazdi and ChiPet Menhely applications together with the chipet.app, gazdi.chipet.app and menhely.chipet.app websites.

Gazdi app: the application for pet owners, in which a User manages the details of their own animals.

Menhely app: the application for rescue organisations, in which an Organisation manages its animals, medical records, adoptions and events.

User: anyone who creates or uses an account in the Service.

Organisation: a rescue organisation, shelter or other animal welfare body using the Menhely app. An Organisation is not a consumer.

Consumer: under the Hungarian Civil Code, a natural person acting outside their trade, self-employed occupation or business.

Content: all data, text, photographs and documents that a User or Organisation uploads to or records in the Service.

Public profile: an animal profile that an Organisation has made publicly shareable.

3. Scope and formation of the contract

3.1. These Terms set out the content of the contract between the Provider and the User for use of the Service.

3.2. The contract is concluded electronically upon registration, by accepting these Terms and the Privacy Policy. The contract is not a written contract, is not filed by the Provider and is not subsequently retrievable.

3.3. The language of the contract is Hungarian. The English text is a translation for information; in the event of discrepancy the Hungarian text prevails.

3.4. Input errors may be corrected before completing registration and at any time in the account settings.

3.5. The Provider has not subscribed to any code of conduct.

3.6. The Terms in force at any time are available at https://chipet.app/terms and in the app.

4. Registration and account

4.1. Use of the Service requires registration. By registering, the User declares that they are at least 16 years old and have the legal capacity to enter into the contract.

4.2. The User must provide accurate data and keep it up to date.

4.3. Accounts are personal; safeguarding sign-in credentials is the User's responsibility. The User is responsible for actions taken through their account and must notify the Provider without delay if unauthorised access is suspected.

4.4. A natural person may hold one account. The same account may act both as an owner-side user and as a member of one or more Organisations.

4.5. The Organisation is responsible for granting its staff access appropriate to their role and for revoking access without delay when the relationship ends.

5. What the Service is

5.1 Gazdi app

• storing animals' records, photographs and documents;
• keeping vaccination and treatment history, with reminders;
• temporarily sharing an animal's record for a boarding period;
• receiving the record of an animal adopted from a shelter;
• following organisations and signing up for events.

5.2 Menhely app

• keeping animal and medical records;
• document management, the adoption process and probation tracking;
• sharing an animal profile publicly to help it find a home;
• organising events and managing participants and staff;
• managing staff roles and invitations.

5.3. The Provider develops the Service continuously. Features may change, new features may appear, and the Provider may discontinue features. The Provider will give at least 30 days' notice before discontinuing a material feature.

5.4. Some features are made available marked beta. These are under trial and may be faulty or incomplete.

6. Fees

6.1. As at the effective date of these Terms the Service is free of charge. The User pays no monetary consideration for the Service.

6.2. The Provider reserves the right to introduce paid features in future. A paid feature may only be used on the User's express prior order; features already in use will not retroactively become chargeable.

6.3. The cost of the internet connection and device needed to use the Service is borne by the User.

7. User content

7.1. Uploaded Content belongs to the User or the Organisation. The Provider acquires no ownership in it.

7.2. The User grants the Provider a non-exclusive, royalty-free, territorially unlimited licence to store, reproduce, technically adapt (e.g. resize) and display the Content — solely to the extent and for the period necessary to provide the Service. The licence ends when the Content is deleted, subject to the technical lead time applicable to backups.

7.3. The Provider does not use Content for marketing, does not pass it to third parties and does not publish it — except what the Organisation itself makes public (7.4).

7.4. Public sharing. An Organisation may choose to make an animal's profile publicly shareable. The profile is then viewable via a unique link without signing in, and includes the Organisation's contact details. The Organisation is responsible for the Content it publishes, including free-text fields. Sharing can be withdrawn at any time, but copies already saved or shared cannot be recalled.

7.5. The User warrants that they are entitled to upload and share the Content and that it infringes no third-party right — in particular copyright, the right to one's likeness, and the right to protection of personal data.

7.6. Backups. The Provider takes regular backups, but Users are advised to keep their own copy of important Content. A User may download their account data at any time from the Settings menu.

8. Prohibited conduct

The Service may not be used to:

• publish unlawful, rights-infringing, misleading or fraudulent content;
• support animal cruelty, illegal animal trading or breeding in any way;
• record or publish another person's data without authorisation;
• record false adoption or animal health data;
• act on someone else's behalf without authority, or create a fake organisation;
• misuse the Service: automated data collection (scraping), circumventing access controls, load-based or security attacks, reverse engineering;
• send unsolicited messages to other Users;
• resell the Service or make it available to third parties without the Provider's consent.

9. Moderation and reporting illegal content

9.1. Notices. Anyone who encounters content in the Service they consider illegal may report it at adatvedelem@chipet.app or through the in-app reporting function. A notice is complete if it states the exact location (link) of the content, the reasons why it is considered illegal, the notifier's name and e-mail address, and a statement that the notice is submitted in good faith and is accurate.

9.2. Procedure. The Provider confirms receipt of a notice electronically without delay, processes it in a timely, diligent, non-arbitrary and objective manner, and informs the notifier of its decision. Notices are assessed with human review; the Provider uses no automated tools for content moderation.

9.3. Measures. The Provider may remove or disable access to illegal content or content breaching these Terms, end public sharing, or suspend or terminate the account under clause 14.

9.4. Statement of reasons and complaint. The Provider informs the affected User of any measure, with reasons. The User may complain against the decision at adatvedelem@chipet.app; the Provider will examine the complaint on its merits and, if it is well founded, reverse the measure.

9.5. The Provider does not review Content in advance and does not verify its lawfulness. The Provider benefits from the liability exemptions under the Hungarian e-commerce Act and Regulation (EU) 2022/2065 on digital services.

10. Important limitations

Please read this clause carefully — the Service does not replace certain services and statutory obligations.

10.1 Not a veterinary service

The Service is a record-keeping tool, not a veterinary, diagnostic or therapeutic service. The data, reminders and summaries it holds do not constitute veterinary advice and do not replace consulting a veterinarian. The keeper remains responsible for every decision affecting the animal's health.

10.2 Does not replace official registration important

Data recorded in the Service — including the microchip number — constitutes a private record. It creates and replaces no statutory obligation, in particular not:

• marking a dog older than four months with a transponder under Government Decree 41/2010 (II. 26.) on the keeping and trading of pet animals;
• entering the data of transponder-marked dogs in the central electronic register under Section 42/A of Act XXVIII of 1998 on the protection of animals (this entry is made by a veterinarian);
• the municipal dog register kept by the notary (jegyző) and participation in the dog census under Section 42/B of Act XXVIII of 1998.

These obligations must be fulfilled independently by the keeper or the Organisation. The Provider has no data connection with official registers.

10.3 The adoption contract

The adoption contract is concluded between the Organisation and the adopter. The Provider is not a party to it and is not liable for its content, validity or performance. Templates provided by the Service and data read out of a contract are indicative only; verifying them is the Organisation's task.

10.4 Relationships between Users and Organisations

The Provider takes no part in legal relationships between Users and Organisations (adoption, fostering, event attendance, donations) and is not liable for claims arising from them. Each Organisation is responsible for the accuracy of the data it publishes.

10.5 Availability

The Provider supplies the Service "as is" and, as a free service, undertakes no specified availability level. It will give advance notice of planned maintenance where this causes material downtime. This clause does not affect the consumer rights set out in clause 12.

11. Liability

11.1. To the fullest extent permitted by Hungarian law, the Provider excludes liability for damage arising from use of the Service, from any impediment to its use, from data loss, or from the conduct of the User or a third party.

11.2. The limitation in 11.1 does not extend to liability for breach caused intentionally or causing damage to human life, bodily integrity or health, nor to any case in which the law precludes limitation of liability.

11.3. As against a consumer, the limitation in 11.1 applies only to the extent permitted by law; the consumer is in every case entitled to the rights set out in clause 12.

11.4. The User shall compensate the Provider for damage arising from the User's breach of these Terms or from uploading unlawful Content. If a third party brings a claim against the Provider because of the User's Content, the User shall take the Provider's place or indemnify it.

11.5. Force majeure. The Provider is not liable for delay or defective performance caused by circumstances outside its control (in particular: loss of internet service, failure of the hosting or infrastructure provider, official measures, natural disaster).

12. Consumer rights

12.1. Conformity. The Provider supplies the Service in conformity with the contract: with the functionality, compatibility and accessibility described, and with updates provided for the period the User may reasonably expect — in accordance with Government Decree 373/2021 (VI. 30.) on contracts between consumers and businesses for the supply of digital content and digital services.

12.2. If the Service does not conform to the contract, the Consumer may require it to be brought into conformity within a reasonable time, free of charge. Failing that, the Consumer may terminate the contract. As the Service is free of charge, price reduction and refund do not arise.

12.3. Termination at any time. The Consumer may terminate the contract at any time, with immediate effect and without giving reasons, by deleting their account (Settings → Privacy → Delete account) or by notifying the Provider. Termination is free of charge.

12.4. Right of withdrawal. Under Government Decree 45/2014 (II. 26.) on distance contracts, the Consumer may have a right of withdrawal or termination within 14 days of concluding the contract. Given that the Service is free and that the Consumer may terminate at any time with immediate effect under clause 12.3, the Provider does not invoke the 14-day period as a limitation: the right to terminate exists without any time limit.

12.5. The consequences of termination and the fate of Content are set out in clause 14.

13. Changes to these Terms

13.1. The Provider may amend these Terms unilaterally, in particular upon a change in the law, an official decision, the introduction of a new feature or a change in how the Service operates.

13.2. The Provider will give notice of the amendment by e-mail or in the app at least 15 days before it takes effect — or at least 30 days where the change is material and to the User's detriment — stating the substance of the change.

13.3. A User who does not accept the amendment may terminate the contract before it takes effect by deleting their account. Continued use of the Service constitutes acceptance.

14. Termination and suspension

14.1. The User may terminate the contract at any time with immediate effect by deleting their account.

14.2. The Provider may terminate the contract on 30 days' notice without giving reasons.

14.3. The Provider may suspend or terminate an account with immediate effect if the User seriously or repeatedly breaches these Terms, uploads unlawful Content, or behaves in a way that endangers others' rights or the security of the Service. The Provider will give reasons under clause 9.4 and the User may complain.

14.4. Fate of Content. On termination, the User's Content is deleted as described in the Privacy Policy. The User may download their data before deletion. Content belonging to an Organisation is not deleted when a staff member's account is deleted — it remains with the Organisation.

14.5. If an Organisation stops using the Service, animal records previously handed over to adopters remain in those owners' accounts.

15. Complaints and remedies

15.1 Complaints to the Provider

You may submit a complaint to the e-mail or postal address given in clause 1. The Provider confirms receipt of a written complaint submitted electronically without delay, by electronic means. The Provider will answer the complaint on its merits within 30 days; if it is rejected, the Provider will give reasons and inform you of the available remedies. The Provider retains complaints and the replies to them for 3 years.

15.2 Consumer protection authority

A Consumer may turn to the consumer protection authority. At first instance the authority of general competence is the county (vármegye) government office of the Consumer's residence, and in Budapest the Government Office of the Capital City Budapest. Contact details: kormanyhivatalok.hu.

In certain matters the National Trade and Consumer Protection Authority (NKFH) has nationwide competence. Address: Városmajor u. 35, 1122 Budapest · Postal: 1536 Budapest, Pf. 324 Phone: 06 80 310 020 · E-mail: ugyfelszolgalat@nkfh.gov.hu · nkfh.gov.hu

15.3 Conciliation board (békéltető testület)

To settle a dispute concerning the conclusion or performance of the contract out of court, a Consumer may turn to a conciliation board. The Provider has a duty to cooperate.

The board competent for the Provider's seat is:

A Consumer may also turn to the board competent for their own place of residence or stay. Since 1 January 2024 the boards operate with regional competence and proceedings are conducted primarily by online hearing. The list of boards and their contact details: mkik.hu.

15.4 Courts

A Consumer may also pursue their claim before a court.

16. Additional terms for Organisations

This clause applies to Organisations using the Menhely app. An Organisation is not a consumer, so clauses 12 and 15.2–15.3 do not apply to it.

16.1. The Organisation warrants that it is entitled to process the data it records in the Service and that it has informed data subjects as required by law.

16.2. In respect of the personal data it records, the Organisation is the controller and the Provider acts as a processor. The Parties conclude a separate data processing agreement under Article 28 GDPR, which forms an integral annex to these Terms. The Organisation may use the Menhely app to record personal data only while a valid data processing agreement is in place.

16.3. The Organisation is responsible for the content of publicly shared profiles, including free-text fields and its own publicly displayed contact details.

16.4. The Organisation is responsible for the content, lawfulness and performance of its adoption and other contracts, and for meeting the animal welfare, animal health and registration obligations applicable to it (clause 10.2).

16.5. The Organisation is liable for the conduct of its staff as if it had acted itself.

16.6. The Provider excludes its liability towards the Organisation to the fullest extent permitted by law, save for breach caused intentionally or causing damage to human life, bodily integrity or health. The Provider is not liable for lost profit or consequential damage.

16.7. Clause 12 does not apply to the relationship with an Organisation; the Parties shall seek to settle disputes primarily by negotiation.

17. Miscellaneous

17.1. Intellectual property. The Service, its source code, appearance, logos and names belong to the Provider. The User receives a non-exclusive, non-transferable, revocable licence to use the Service within the scope of these Terms. That licence does not extend to copying, modifying, reverse engineering or creating derivative works from the Service.

17.2. Communications. A notice sent to the e-mail address registered to the User's account is deemed delivered. The User must keep that address up to date.

17.3. Assignment. The Provider may transfer its rights and obligations under this contract to its legal successor, with prior notice to the User. The User may not assign its rights under the contract.

17.4. Severability. If any provision of these Terms is invalid, the validity of the remaining provisions is unaffected.

17.5. Governing law. These Terms and the contract are governed by Hungarian law — in particular Act V of 2013 on the Civil Code, the e-commerce Act, Act CLV of 1997 on consumer protection, and Government Decrees 45/2014 (II. 26.) and 373/2021 (VI. 30.). For a Consumer, this does not affect the mandatory provisions of the Member State of their habitual residence.

17.6. Data protection. The processing of personal data is governed by the Privacy Policy, available at https://chipet.app/privacy.

17.7. These Terms are made in Hungarian and English; in the event of discrepancy the Hungarian text prevails.

18. Annex — App store provisions

This annex applies where the User downloaded the app from the Apple App Store or Google Play. It supplements the rest of these Terms and does not limit the Consumer's mandatory rights under applicable law.

18.1 Apple App Store

1. Acknowledgement. These Terms are concluded between the Provider and the User only; Apple is not a party. The Provider alone is responsible for the app and its content.
2. Scope of licence. The User receives a non-transferable licence to use the app on Apple-branded products that the User owns or controls, as permitted by the App Store Usage Rules.
3. Maintenance and support. Maintenance and support of the app are solely the Provider's responsibility; Apple has no obligation in this respect.
4. Warranty. Warranty obligations rest solely with the Provider. If the app fails to conform to any applicable warranty, the User may notify Apple, which will refund the purchase price (not applicable for a free app); to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever.
5. Claims. The Provider, not Apple, is responsible for addressing any User or third-party claims relating to the app — including product liability, legal or regulatory non-conformity, consumer protection and privacy claims.
6. Intellectual property. In the event of a third-party claim that the app infringes intellectual property rights, the Provider, not Apple, is responsible for the defence.
7. Legal compliance. The User represents that they are not located in a country subject to a U.S. embargo or designated as a "terrorist supporting" country, and are not listed on any U.S. list of prohibited or restricted parties.
8. Provider contact. For questions, complaints or claims, the Provider may be contacted at the name and address given in clause 1.
9. Third-party terms. The User must comply with applicable third-party terms of agreement.
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon the User's acceptance Apple will have the right to enforce these Terms against the User as a third-party beneficiary.

18.2 Google Play

Downloading and installing from Google Play is also governed by the Google Play Terms of Service. Google is neither the provider of the app nor a party to these Terms; the Provider alone is responsible for the app.