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Regulations

Regulations of the mobile application “AioCare Patient”

 

  • 1. Definitions
  1. Application – Software intended to enable monitoring of respiratory parameters in the form of a volume of air exhaled from the lungs.
  2. Materials – materials placed in the Application, which can be pieces/works subject to copyright protection that can be placed by the User or Service Provider, respectively.
  3. Store – location from which it is possible to download the Application.
  4. Mobile device – a terminal equipment of the User, using short-range communication technology, Bluetooth Low Energy and operating system iOS or Android.
  5. Spirometer – a portable device for testing lung capacity, connecting to the Mobile Device using Bluetooth Low Energy .
  6. Account – a collection of resources and settings of the User, which made the Registration within the Application. Access to the Account is possible after logging in.
  7. Registration – activity conditioning the creation of the Account in the Application and the subsequent use of the Service by the User.
  8. Database Administrator / Service Provider – HealthUp Sp. z o. o. with its registered office in Warsaw at the street twarda 18 (00-105 Warsaw, Poland) registered in the National Court Register under the number KRS 0000520152, with share capital of 9 000,00 PLN (fully paid), NIP 5252593396, statistical identification number Regon: 147381608, e-mail: support@aiocare.com
  9. User – Patient.
  10. Patient – a natural person who made the Registration and voluntarily and independently monitors its respiratory parameters using Spirometer and Application and makes the results available for inspection by a Doctor. The Patient is a consumer, i.e. a natural person who acts to meet the objective remaining outside its professional or commercial activity.
  11. Doctor – a natural person performing the medical profession, i.e. a profession that involves a duty of personal performing the activities to protect human health and life with due care and in an independent manner, according to the current medical knowledge, available methods and prevention measures, diagnosis and treatment of diseases and in accordance with the laws and rules of professional ethics by a person with the required qualifications confirmed by obtained documents entitling to the commercial provision of health services of a particular type, in forms specified by the law applicable to the Doctor. This is the person who made the Registration, using the Application for purposes related to the occupation of a medical Doctor.
  12. Regulations – these Regulations.
  13. Service – a service provided electronically via the Application by Service Provider to the User in accordance with the law and the rules specified in the Regulations.
  14. Contract – a contract on the provision of Service concluded between the User and the Service Provider on the terms specified in the Regulations.
  15. Third Party – a natural person, legal person or an organisational unit without legal personality within the meaning of Polish law other than the User and Service Provider.
  16. Login – User’s e-mail address,
  17. Password – a unique sequence of symbols that meets the technical requirements imposed by the Service Provider, selected by the User in order to authorize the access and secure Account against the access of unauthorized persons,
  18. Software – authorial scripts on the basis of which the Spirometer operates and/or the Application, owned by the Service Provider.
  19. Notifications – electronic form of notifications about the Service, sent to the User in accordance with Privacy Policy.
  20. Privacy Policy – the document have been attached as Attachment 1 hereto.
  21. Personal Data – data enabling the identification of the natural person.
  22. force majeure – an event of an accidental or natural (natural disaster) character, on the occurrence of which the Service Provider has no influence (for example fire, explosion, power failure, earthquake, flood, cloudburst, sabotage, actions of civil or military authorities, war, acts of terrorism (including cyber terrorism), cyber attacks (for example DDOS), actions and/or failure to act of computerised networks operators, other random events.
  23. computerised system – a set of cooperating information devices and software that provides processing and storage, as well as sending and receiving of data via telecommunications networks by using the telecommunication terminal equipment appropriate for the particular type of network.
  24. the provision of electronically supplied services – performing a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data on individual request of a recipient, transmitted and received using the devices for electronic processing, including digital compression and storage of data which is entirely transmitted, received and/or transmitted using telecommunications network.
  25. business day – counted in hours from 9.00 to 16.00 from Monday to Friday (CET), with the exception of public holidays in the Republic of Poland or vacation days specified by the Service Provider in the Application.

 

 

  • 2. General terms
  1. Regulations are a model contract and define the terms, conditions and the manner of providing services by the Service Provider to the User. The condition for provision of the Service is to read and accept the provisions of the Regulations.
  2. Service within the Application is provided without territorial and time restrictions. The time right for service Provider is CET time (Central European Time).
  3. The Regulations are valid from 24 May 2016.

 

 

  • 3. Technical requirements
  1. For the proper provision of Service it is required to use the Spirometer and Mobile Device on which the User is logged in the Application.
  2. It is possible to use the Service on a limited basis without having the Spirometer in accordance with the functionalities visible in the Application.
  3. For proper operation of the Application it is required to use the Mobile Device equipped with a working technology for wireless communication (3G, LTE, Wi-Fi).
  4. Support and technical assistance are provided by Service Provider electronically using the form available after logging in to the Account and/or by e-mail address: support@healthup.pl. The support referred to in the previous sentence, is provided on weekdays.
  5. The Service Provider does not provide support for operation and/or use of Spirometer under the Regulations. Terms of technical assistance and/or other forms of support are specified in the documentation provided with the sold spirometer.

 

  • 4. Use of the Service (including the scope and type of Service):
  1. To start using the Service it is necessary to:
  1. download the Application from Shop Google Play or App Store
  2. make the Registration,
  3. accept the Regulations,
  4. activate the authorization link sent to the provided e-mail address.
  1. Login in the Application is an e-mail address provided at the stage of Registration and it is not possible to change it at a later stage (Notifications are also sent to this e-mail). In case of change of e-mail address it is required to set up a new Account and delete the previous one.
  2. Completing the Registration results in creation of the Account and enables the use of the Service on terms specified in the Regulations.
  3. Password referred to in paragraph 1 is generated by the User, but it cannot be shorter than 8 (eight) characters.
  4. The Application does not log out the User by default. The user can log out manually. In this case, each subsequent use of the Application by the user requires a Login and Password.
  5. No connection of the Application with the spirometer and the Internet results in limitations in the use of Service, which are visible in the Application.
  6. The Service Provider offers access to the Service, the aim of which is to enable the monitoring of respiratory parameters in the form of a volume of air exhaled from and inhaled into the lungs of both for the Patient and for the Doctor according on the terms consistent with the Regulations. The Service does not condition making the diagnosis or taking up certain treatments or/and selection of medicines. The Doctor makes decisions independently, based on his or her knowledge and experience. The Service is only is auxiliary and so should be treated. The Doctor should order the tests to be made by the Patient, if necessary.
  7. The Service has parameter and functionality limits that are visible in the Application.
  8. The Doctor adds his or her Materials on one’s own, which are later visible for the Patient – for example photo of the Patient, a brief description of Patient and tags. Service Provider reserves that those Materials are not monitored or approved.
  9. The Service is free of charge.

 

 

  • 5. Conclusion and termination of the Contract

 

  1. Contract for the use of the Service is concluded with the User upon confirmation of Registration (activation of the link). This Contract is concluded for an indefinite period of time.
  2. The User can terminate the Contract without giving any reason within 14 days from the conclusion of the Contract by deleting the Account, and after this period may terminate the Contract with immediate effect in the same way. Removal of Account (termination of the Contract) is made by sending a request containing User Login via e-mail to the e-mail address: support@healthup.pl. The User would have to confirm the willingness to delete the Account and thereby to terminate the Contract by clicking on the link, which will be sent in a return message. Termination is effective upon confirmation of willingness to delete the Account (activation of link).
  3. The Service Provider has the right to terminate the Contract with immediate effect, which is equivalent to removing the Account and Materials stored on it, including personal data when the User violates the rights and obligations imposed on him/her in accordance with the Regulations. In this case, the Service Provider should immediately inform the User of termination of the Contract using the email address provided during Registration, giving the reason for the termination.

 

  • 6. Rights and obligations of the User
  1. The User has the right to:
  1. manage its own Account,
  2. use of the Application and Service in accordance with the Regulations,
  3. send queries to technical support department and/or make a complaint,
  4. withdraw from the Contract or terminate the Contract on the terms specified in the Regulations.
  1. The User undertakes to:
  1. use the Materials, personal data and/or correspondingly other data, for which she/he has the full right to use them (they cannot violate the rights of third parties),
  2. first ensure that it meets the technical requirements for the use of the Service, including the Application,
  3. not use the Service, including the Application in a way that distorts the functioning of the Service and/or the Application,
  4. not use the Service, including the Application in a way that violates the law,
  5. take care of linguistic correctness, avoid vulgarisms, do not put hyperlinks to websites whose content may violate or violates the provisions of the Regulations and/or the law.
  6. use the Service, including the Application, as intended, in accordance with the law, in accordance with the provisions of the Regulations and the principles of social coexistence. It is forbidden to use the Service in order to carry out terrorist activities, sabotage or other criminal activity and make any violations of the law and committing torts, including in particular placing the Materials offensive to any person or violating their rights, containing threats, insults, hateful towards people and/or animals or in any way persecuting them, posting Materials about paedophiles, showing and/or promoting a crime, profane, offensive, violating or likely to violate the personal property or other property legally protected, posting Materials attacking, humiliating and/or supporting violence, encouraging to commit a criminal offence. It is forbidden to place advertising messages breaking the law (for example permitted advertising), to use the Service to propose the treatment and/or any actions prohibited by law, any trading of access rights to the Account and/or to the  Accounts (both commercial and non-commercial),
  7. to update the Materials and/or data, including personal data by making changes to one’s own Account,
  8. not take any actions that are incompatible with the provisions of common law or good practice, as well as violating personal rights of other Users, third parties and/or the legitimate interests of Service Provider or of other Users and/or third parties,
  9. grant each time with the addition of Material a license to the Service Provider, referred to in §10 section 5 of the Regulations,
  10. not access the Accounts of other Users (for example by breaking the Passwords),
  11. not generate excessive or disproportionate burden on links and other infrastructure, based on which the Service is available,
  12. keep its Password strictly confidential,
  13. not share with other Users and third parties its Account,
  14. use the Service through its single Account.
  1. The rights and obligations given to the User due to conclusion of the Contract cannot be transferred to other entities and/or persons. This means that the User may not give/resell/dispose of its Account in favor of another entity. The Service Provider is the sole entity authorized to provide Service to the User who made the Registration.
  2. The User making the Registration declares, that the provided data are complete, consistent with the actual status and do not violate any rights of third parties.

 

 

  • 7. Rights and obligations of the Service Provider
  1. The Service Provider does not interfere with any Account and information gathered on it, including added Materials except when the User asks for it because of technical problems or in case of notice and take downprocedure specified in §8 of the Regulations.
  2. The Service Provider has the right to:
  1. a) electronically inform the Users (by e-mail and/or using the Application) of the new functionalities of the Service or/and important notifications related to the Service (Notifications),
  2. b) electronically ask the Users (by e-mail and/or using the Application) for the general opinion and satisfaction level concerning the use of Application and/or Service provided and/or technical assistance activities. Opinions may be collected in the form of questions and short surveys,
  3. c) investigate the use of the Service, including the Application, in particular through the collection of anonymous information to improve it functionally and technically (for example screen resolution, browser type, number of clicks on certain tabs, etc.),
  4. d) at its sole discretion, change the properties, the functionality of the Service, if it does not reduce the quality of the Service provided to the User,
  1. use the User’s Materials under the licence provided by the User referred to in §10 paragraph of section 5 of the Regulations,
  2. collect and subsequently use for research purposes, promotional and/or other recognized as appropriate and compliant with the law only anonymous data containing no personal data which are processed using the Application.
  3. block the Account in case of serious infringement of rights and obligations committed by the User, specified in §6 of the Regulations. In this case, access to the Account of this User is temporarily blocked due to the User’s fault, until submission of explanations and/or clarification will be made. In case of new infringements the Service Provider may terminate the Contract. In this case the Account blockade is not associated with a decrease in the quality of the Service provided by the Service Provider and occurs only in justified cases and due to the User’s fault. User has the right to make a complaint.
  1. The Service Provider undertakes to make every effort to ensure the proper provision of Service in a permanent and uninterrupted way.
  2. The Service Provider reserves the right to temporary unavailability of the whole or the part of the Application for technical reasons, in particular related to its maintenance or alteration. The Service Provider will make every effort to ensure that this inaccessibility is least cumbersome for the User.
  3. The Service Provider may take other actions and activities on the terms specified in the Regulations.

 

  • 8. Responsibility
  1. The User is fully responsible for its actions and/or omissions related to the use of the Account. Use of the Service, including the Application, does not constitute advice, consultation and/or medical diagnosis.
  2. The Service Provider shall endeavour to secure the Application and he provided Service before the occurrence of any side effects. The Service Provider recommends that the Users:
  1. use the software securing the Mobile Device and protecting the identity,
  2. avoiding the use of Service, including the Application, using public networks for Internet access (for example public Wi-Fi) and occasional hardware,
  3. do not save Login and Password,
  4. do not use identical Login and Password to the Account,
  5. set the Password other than obvious phrases like for example “admin123” ; “qwerty123456” etc.
  6. set the Password other than PESEL number and/or other identification number.
  1. The Service Provider is not liable for:
  1. data, including personal data and/or Materials posted by the User,
  2. the diagnosis made and/or diagnosis and/or selection of treatment made by the Doctor,
  3. problems with operation of the Mobile Device of the User and/or the Spirometer (technical problems with equipment are examined on the basis of separate documents, e.g. warranty documents),
  4. lack of access to the communication enabling connection between the Application and the Spirometer or restrictions on its availability.
  5. damages incurred and profits lost by the User, which were caused as a result of the disclosure of the Password to the Account, which occurred due to the User’s fault,
  6. damages incurred and profits lost by the User, which were caused as a result of the User’s activities or omissions, in particular through improper use of the Service, including the Application,
  7. damages incurred and profits lost by the User, who violated the law or the provisions of the Regulations and whose Account is blocked and/or deleted by the Service Provider due to this fact,
  8. damages incurred and profits lost by the User, which were caused as a result of activity and/or omission of third parties not bound by the terms of the Contract, and on which the Service Provider had no influence,
  9. damages incurred and profits lost by the User, which were caused as a result of force majeure,
  10. damages incurred and profits lost by the User, which were caused as a result of transfer of personal information about the User to entities authorized on the basis of applicable law to process these data,
  11. links to third parties websites. These websites are owned and directed by its administrators or Service Providers, respectively. Service Provider is not responsible for the availability and quality of these pages,
  12. due to temporary interruption in the provision of Service, including access to the Application due to maintenance and/or activities associated with the modification of the Application, of which the User has been notified (the maximum duration of interruptions is 6 ??? in a given calendar month).
  1. The User on its own risk and responsibility uses the Service, including the Application.
  2. The Service Provider has no influence on how the User manages its Account and what Materials and data adds, how the communication between the Users looks like and does not modify them.
  3. The Service Provider upon receipt of official notification or reliable message on the unlawful nature of disclosed data, including personal data and/or Materials under protection and added by the User, contacts the User in order to clarify the issue and may block the Account or ultimately remove the Account if the damage size is significant and accordingly order the deletion of the data or deletes it on one’s own and/or by the law – notice and take downprocedure.

 

  • 9. Personal data
  1. In order to use the Application the User should provide its personal data such as name and surname and e-mail address, gender, date of birth.
  2. Data Administrator respects the Users’ right to privacy and ensures the security of personal data provided by the Users.
  3. Through the Application settings the User can set additional security in the form of an authorization code or reading of “touch id” type.
  4. User personal data are processed:
  1. in accordance with the provisions on the protection of personal data,
  2. in accordance with the Privacy Policy,
  3. to the extent and purpose necessary to create and shape the content of the Contract, to change or terminate the Contract and ensure the correct provision of the Service,
  4. to the extent and purpose necessary to fulfill legitimate interests realized by the Data Administrator, and such processing does not violate the rights and freedoms of the data subject.
  1. Every data subject has the right to access data, rectify, delete or limit processing, the right to object, the right to submit a complaint to the supervisory authority.
  2. The Data Administrator reserves the right to make the personal data of the User and its other data available for the entities authorized on the basis of the relevant provisions of the law (e.g. for law enforcement authorities).
  3. The Data Administrator may entrust processing of the personal data stored in the computerised system of the Service to a processor established in the European Economic Area who meets the requirements of the law in force in the European Union.
  4. Deletion of personal data may occur as a result of termination of the Contract.
  5. The Service Provider stipulates that it keeps, for a period of time required by law, personal data about the User to the extent and purpose necessary for the purposes of potential, future claims between the parties of the Contract or in connection with the law regulations, which the Service Provider is obliged to follow.
  6. Data that are not personal data and include data on how the Application is used, are processed by the Service Provider without time and territorial limits.
  7. The Service Provider does not share the personal data with entities other than those authorized under the relevant provisions of the law.
  8. The personal data given in the Application are treated as confidential and are not visible to other Users except for the Doctor approved by the Patient. The Patient voluntarily provides the data to the Doctor, including its personal data. The Doctor may also enter additional data obtained from the Patient, including other personal data. The Doctor becomes in this case a separate Data Administrator and is responsible for data processing under the terms of the law, in it is obliged to obtain required by law permissions from the Patients, for the purpose of their personal data processing.
  9. The User receives Notifications of important information from the Service Provider. The frequency of sent Notifications can be set after logging in to the Account.
  10. On the day on which the termination of the Contract becomes effective (until the end of the day, on which the link confirming the deletion of the Account was activated), the Account is deleted as well as all the Materials and data, including personal data. The data processed for the purposes referred to in §8 section 2 point f) are not deleted.
  11. By supplementing the profile in the Application, the User provides information such as: gender, date of birth, whether he smokes cigarettes or accepts medications. This information is used for internal statistics (without being associated with personal data), and in case of connection to User ID for calculations of spirometric parameters and their due values.
  12. The processing of User’s personal data for other purposes, will take place only after obtaining the User’s permission, to the extent and purpose specified in this Contract.

 

 

  • 10. Intellectual property
  1. All rights in the Software, graphics and/or databases and other introduced to the Application by the Service Provider belong to the Service Provider.
  2. It is forbidden to use the Service, including the Application in a manner that violates the rights of the Service Provider and/or third parties. In case of an infringement of intellectual property rights, the Service Provider should take appropriate legal measures directed towards the infringer.
  3. The designation “My Spiroo” in verbal and/or graphical form identifies one of the products of the Service Provider, which operates in business without time and territorial restrictions. “My Spiroo” is the trade name of the Service Provider.
  4. It is forbidden to distribute without the express consent of the Service Provider any elements of the Application, including in particular the logo “My Spiroo.” The User may not delete, hide, make impossible to read or change the trademarks, copyright or other indications concerning intellectual property rights.
  5. The User by adding each Material through the Service, gives the Service Provider the non-exclusive license for a given Material, for the duration of the Contract, in the following fields of use necessary to provide the Service:
    1. entering into the memory of an electronic device (e.g. PC), including servers of computerised systems,
    2. permanent and/or temporary recording and/or reproduction with the use any techniques in whole or in part, in an unlimited number of copies, in particular by any known printing, digital techniques, magnetic recording, copying, printing, reproduction with the use of any vision and computer technology, in any system, format and on any media, together with exchange of media, including among others print, in computerised networks, digitally,
    3. public and/or non-public sharing within the provision of electronic services, free of charge regardless of territorial, time and language restrictions.
    4. public and/or non-public distribution with the use of any means of wireless and wired transmission for the distribution of sounds and/or images, constantly and/or temporarily, in any technology, free of charge at place and time chosen by other Users and/or third parties.
    5. location on the network that allows other Users and/or third parties to view it, as well as enables sending on demand.
  6. The User is authorized to use the Application for the duration of the Contract, only in terms of functionalities made available for him by the Service Provider. The User does not acquire any rights, including intellectual property rights, over these clearly defined in the content of the Contract.

 

 

  • 11. Claims
  1. User has the right to make a complaint in matters related to the provision of Service, including use of the Application.
  2. Complaints should be sent electronically to the following address: support@healthup.pl.
  3. Notification of complaint should contain at least:
  1. Login,
  2. description of the subject of the complaint.
  1. The Service Provider will consider the complaint within 14 days after the date of receiving it. The date of lodging a complaint shall be the date a complaint was received by the Service Provider.
  2. The answer to the complaint will be sent to the User’s e-mail address assigned to the Account.

 

  • 12. Final provisions
  1. The Service Provider provides Regulations prior to the Registration and sends the content of the Regulations using a durable medium. The Regulations can also be presented in another way, on the individual request of a person, if she/he has problems with displaying or reading the Regulations. For this purpose, please contact at the e-mail: support@healthup.pl.
  2. The Service Provider reserves the right to make changes in the Regulations. Every document is marked the date from which its provisions are valid.
  3. The User will be notified of any, significant change in terms of the Contract at least 14 days before the planned entry into force of the new Regulations. The Service Provider will send an appropriate message to the User’s e-mail address.
  4. In the case referred to above, the User has the right to terminate the Contract until the time of planned entry into force of the new Regulations. Failure to declare the willingness to terminate the Contract or failure to terminate it by that time is considered as the User’s permission for the provision of the Contract on rules consistent with the new Regulations.
  5. Change in the scope and/or the type of Services that does not violate the Regulations, does not constitute a significant change in the terms of the Contract. The introduction of fees is a significant change in the terms of the Contract, but it is valid only upon the acceptance by the User by selecting a button informing about the obligation to pay. In the absence of acceptance the Contract is terminated, unless it is possible to continue to provide the Service free of charge.
  6. Service Provider provides the Services consisting of storage of materials and data, including personal data added by Users. The Service Provider only stores them and enables their transmission on the terms specified in the Regulations.
  7. In case the third party observed the violation of the law, this person is obliged to contact the Service Provider and send a reliable message or official notification of the unlawful nature of the available data, including personal data provided by the User.
  8. In case of matters not covered by the Regulations, the relevant provisions of Polish law and/or regulations in the consumer’s place of residence shall apply.
  9. In case of change and/or cancellation due to a final decision of a court, of any of the provisions of the Regulations, the remaining provisions shall remain in force.
  10. The service provider declares his readiness to resolve disputes in conciliatory manner, including claims for extrajudicial ADR (Alternative Dispute Resolution). In this case, please submit complaints via the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN

 

 

Regulations of the mobile application “AioCare Doctor”

 

  • 1. Definitions
  1. Application – Software intended to enable monitoring of respiratory parameters in the form of a volume of air exhaled from the lungs.
  2. Materials – materials placed in the Application, which can be pieces/works subject to copyright protection that can be placed by the User or Service Provider, respectively.
  3. Store – location from which it is possible to download the Application.
  4. Mobile device – a terminal equipment of the User, using short-range communication technology, Bluetooth Low Energy and operating system iOS or Android.
  5. Spirometer – a portable device for testing lung capacity, connecting to the Mobile Device using Bluetooth Low Energy .
  6. Account – a collection of resources and settings of the User, which made the Registration within the Application. Access to the Account is possible after logging in.
  7. Registration – activity conditioning the creation of the Account in the Application and the subsequent use of the Service by the User.
  8. Database Administrator / Service Provider – HealthUp Sp. z o. o. with its registered office in Warsaw at the street Twarda 18 (00-105 Warsaw, Poland) registered in the National Court Register under the number KRS 0000520152, with share capital of 9 000,00 PLN (fully paid), NIP 5252593396, statistical identification number Regon: 147381608, e-mail: support@aiocare.com
  9. User – Doctor.
  10. Patient – a natural person who made the Registration and voluntarily and independently monitors its respiratory parameters using Spirometer and Application and makes the results available for inspection by a Doctor. The Patient is a consumer, i.e. a natural person who acts to meet the objective remaining outside its professional or commercial activity.
  11. Doctor – a natural person performing the medical profession, i.e. a profession that involves a duty of personal performing the activities to protect human health and life with due care and in an independent manner, according to the current medical knowledge, available methods and prevention measures, diagnosis and treatment of diseases and in accordance with the laws and rules of professional ethics by a person with the required qualifications confirmed by obtained documents entitling to the commercial provision of health services of a particular type, in forms specified by the law applicable to the Doctor. This is the person who made the Registration, using the Application for purposes related to the occupation of a medical Doctor.
  12. Regulations – these Regulations.
  13. Service – a service provided electronically via the Application by Service Provider to the User in accordance with the law and the rules specified in the Regulations.
  14. Contract – a contract on the provision of Service concluded between the User and the Service Provider on the terms specified in the Regulations.
  15. Third Party – a natural person, legal person or an organisational unit without legal personality within the meaning of Polish law other than the User and Service Provider.
  16. Login – User’s e-mail address,
  17. Password – a unique sequence of symbols that meets the technical requirements imposed by the Service Provider, selected by the User in order to authorize the access and secure Account against the access of unauthorized persons,
  18. Software – authorial scripts on the basis of which the Spirometer operates and/or the Application, owned by the Service Provider.
  19. Notifications – electronic form of notifications about the Service, sent to the User in accordance with Privacy Policy.
  20. Privacy Policy – the document have been attached as Attachment 1 hereto.
  21. Personal Data – data enabling the identification of the natural person.
  22. force majeure – an event of an accidental or natural (natural disaster) character, on the occurrence of which the Service Provider has no influence (for example fire, explosion, power failure, earthquake, flood, cloudburst, sabotage, actions of civil or military authorities, war, acts of terrorism (including cyber terrorism), cyber attacks (for example DDOS), actions and/or failure to act of computerised networks operators, other random events.
  23. computerised system – a set of cooperating information devices and software that provides processing and storage, as well as sending and receiving of data via telecommunications networks by using the telecommunication terminal equipment appropriate for the particular type of network.
  24. the provision of electronically supplied services – performing a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data on individual request of a recipient, transmitted and received using the devices for electronic processing, including digital compression and storage of data which is entirely transmitted, received and/or transmitted using telecommunications network.
  25. business day – counted in hours from 9.00 to 16.00 from Monday to Friday (CET), with the exception of public holidays in the Republic of Poland or vacation days specified by the Service Provider in the Application.

 

 

  • 2. General terms
  1. Regulations are a model contract and define the terms, conditions and the manner of providing services by the Service Provider to the User. The condition for provision of the Service is to read and accept the provisions of the Regulations.
  2. Service within the Application is provided without territorial and time restrictions. The time right for service Provider is CET time (Central European Time).
  3. The Regulations are valid from 24 May 2016.

 

 

  • 3. Technical requirements
  1. For the proper provision of Service it is required to use the Spirometer and Mobile Device on which the User is logged in the Application.
  2. It is possible to use the Service on a limited basis without having the Spirometer in accordance with the functionalities visible in the Application.
  3. For proper operation of the Application it is required to use the Mobile Device equipped with a working technology for wireless communication (3G, LTE, Wi-Fi).
  4. Support and technical assistance are provided by Service Provider electronically using the form available after logging in to the Account and/or by e-mail address: support@healthup.pl. The support referred to in the previous sentence, is provided on weekdays.
  5. The Service Provider does not provide support for operation and/or use of Spirometer under the Regulations. Terms of technical assistance and/or other forms of support are specified in the documentation provided with the sold spirometer.

 

  • 4. Use of the Service (including the scope and type of Service):
  1. To start using the Service it is necessary to:
  1. download the Application from Shop Google Play or App Store
  2. make the Registration,
  3. accept the Regulations,
  4. activate the authorization link sent to the provided e-mail address.
  1. Login in the Application is an e-mail address provided at the stage of Registration and it is not possible to change it at a later stage (Notifications are also sent to this e-mail). In case of change of e-mail address it is required to set up a new Account and delete the previous one.
  2. Completing the Registration results in creation of the Account and enables the use of the Service on terms specified in the Regulations.
  3. Password referred to in paragraph 1 is generated by the User, but it cannot be shorter than 8 (eight) characters.
  4. The Application does not log out the User by default. The user can log out manually. In this case, each subsequent use of the Application by the user requires a Login and Password.
  5. No connection of the Application with the spirometer and the Internet results in limitations in the use of Service, which are visible in the Application.
  6. The Service Provider offers access to the Service, the aim of which is to enable the monitoring of respiratory parameters in the form of a volume of air exhaled from and inhaled into the lungs of both for the Patient and for the Doctor according on the terms consistent with the Regulations. The Service does not condition making the diagnosis or taking up certain treatments or/and selection of medicines. The Doctor makes decisions independently, based on his or her knowledge and experience. The Service is only is auxiliary and so should be treated. The Doctor should order the tests to be made by the Patient, if necessary.
  7. The Service has parameter and functionality limits that are visible in the Application.
  8. The Doctor adds his or her Materials on one’s own, which are later visible for the Patient – for example photo of the Patient, a brief description of Patient and tags. Service Provider reserves that those Materials are not monitored or approved.
  9. The Doctor may register the Patient’s Account. For this purpose, he gives his patient’s data: name, surname, e-mail, gender, date of birth, race, height, weight and information whether the patient is a smoker or accepts medications. The phone number can be provided optionally as tags.
  10. The Service is free of charge.

 

 

  • 5. Conclusion and termination of the Contract

 

  1. Contract for the use of the Service is concluded with the User upon confirmation of Registration (activation of the link). This Contract is concluded for an indefinite period of time.
  2. The User can terminate the Contract without giving any reason within 14 days from the conclusion of the Contract by deleting the Account, and after this period may terminate the Contract with immediate effect in the same way. Removal of Account (termination of the Contract) is made by sending a request containing User Login via e-mail to the e-mail address: support@healthup.pl. The User would have to confirm the willingness to delete the Account and thereby to terminate the Contract by clicking on the link, which will be sent in a return message. Termination is effective upon confirmation of willingness to delete the Account (activation of link).
  3. The Service Provider has the right to terminate the Contract with immediate effect, which is equivalent to removing the Account and Materials stored on it, including personal data when the User violates the rights and obligations imposed on him/her in accordance with the Regulations. In this case, the Service Provider should immediately inform the User of termination of the Contract using the email address provided during Registration, giving the reason for the termination.

 

  • 6. Rights and obligations of the User
  1. The User has the right to:
  1. manage its own Account,
  2. use of the Application and Service in accordance with the Regulations,
  3. send queries to technical support department and/or make a complaint,
  4. withdraw from the Contract or terminate the Contract on the terms specified in the Regulations.
  1. The User undertakes to:
  1. use the Materials, personal data and/or correspondingly other data, for which she/he has the full right to use them (they cannot violate the rights of third parties),
  2. first ensure that it meets the technical requirements for the use of the Service, including the Application,
  3. not use the Service, including the Application in a way that distorts the functioning of the Service and/or the Application,
  4. not use the Service, including the Application in a way that violates the law,
  5. take care of linguistic correctness, avoid vulgarisms, do not put hyperlinks to websites whose content may violate or violates the provisions of the Regulations and/or the law.
  6. use the Service, including the Application, as intended, in accordance with the law, in accordance with the provisions of the Regulations and the principles of social coexistence. It is forbidden to use the Service in order to carry out terrorist activities, sabotage or other criminal activity and make any violations of the law and committing torts, including in particular placing the Materials offensive to any person or violating their rights, containing threats, insults, hateful towards people and/or animals or in any way persecuting them, posting Materials about paedophiles, showing and/or promoting a crime, profane, offensive, violating or likely to violate the personal property or other property legally protected, posting Materials attacking, humiliating and/or supporting violence, encouraging to commit a criminal offence. It is forbidden to place advertising messages breaking the law (for example permitted advertising), to use the Service to propose the treatment and/or any actions prohibited by law, any trading of access rights to the Account and/or to the  Accounts (both commercial and non-commercial),
  7. to update the Materials and/or data, including personal data by making changes to one’s own Account,
  8. not take any actions that are incompatible with the provisions of common law or good practice, as well as violating personal rights of other Users, third parties and/or the legitimate interests of Service Provider or of other Users and/or third parties,
  9. grant each time with the addition of Material a license to the Service Provider, referred to in §10 section 5 of the Regulations,
  10. not access the Accounts of other Users (for example by breaking the Passwords),
  11. not generate excessive or disproportionate burden on links and other infrastructure, based on which the Service is available,
  12. keep its Password strictly confidential,
  13. not share with other Users and third parties its Account,
  14. use the Service through its single Account.
  1. The rights and obligations given to the User due to conclusion of the Contract cannot be transferred to other entities and/or persons. This means that the User may not give/resell/dispose of its Account in favor of another entity. The Service Provider is the sole entity authorized to provide Service to the User who made the Registration.
  2. The User making the Registration declares, that the provided data are complete, consistent with the actual status and do not violate any rights of third parties.

 

 

  • 7. Rights and obligations of the Service Provider
  1. The Service Provider does not interfere with any Account and information gathered on it, including added Materials except when the User asks for it because of technical problems or in case of notice and take downprocedure specified in §8 of the Regulations.
  2. The Service Provider has the right to:
  1. a) electronically inform the Users (by e-mail and/or using the Application) of the new functionalities of the Service or/and important notifications related to the Service (Notifications),
  2. b) electronically ask the Users (by e-mail and/or using the Application) for the general opinion and satisfaction level concerning the use of Application and/or Service provided and/or technical assistance activities. Opinions may be collected in the form of questions and short surveys,
  3. c) investigate the use of the Service, including the Application, in particular through the collection of anonymous information to improve it functionally and technically (for example screen resolution, browser type, number of clicks on certain tabs, etc.),
  4. d) at its sole discretion, change the properties, the functionality of the Service, if it does not reduce the quality of the Service provided to the User,
  1. use the User’s Materials under the licence provided by the User referred to in §10 paragraph of section 5 of the Regulations,
  2. collect and subsequently use for research purposes, promotional and/or other recognized as appropriate and compliant with the law only anonymous data containing no personal data which are processed using the Application.
  3. block the Account in case of serious infringement of rights and obligations committed by the User, specified in §6 of the Regulations. In this case, access to the Account of this User is temporarily blocked due to the User’s fault, until submission of explanations and/or clarification will be made. In case of new infringements the Service Provider may terminate the Contract. In this case the Account blockade is not associated with a decrease in the quality of the Service provided by the Service Provider and occurs only in justified cases and due to the User’s fault. User has the right to make a complaint.
  1. The Service Provider undertakes to make every effort to ensure the proper provision of Service in a permanent and uninterrupted way.
  2. The Service Provider reserves the right to temporary unavailability of the whole or the part of the Application for technical reasons, in particular related to its maintenance or alteration. The Service Provider will make every effort to ensure that this inaccessibility is least cumbersome for the User.
  3. The Service Provider may take other actions and activities on the terms specified in the Regulations.

 

  • 8. Responsibility
  1. The User is fully responsible for its actions and/or omissions related to the use of the Account. Use of the Service, including the Application, does not constitute advice, consultation and/or medical diagnosis.
  2. The Service Provider shall endeavour to secure the Application and he provided Service before the occurrence of any side effects. The Service Provider is not liable for:
  1. data, including personal data and/or Materials posted by the User,
  2. the diagnosis made and/or diagnosis and/or selection of treatment made by the Doctor,
  3. problems with operation of the Mobile Device of the User and/or the Spirometer (technical problems with equipment are examined on the basis of separate documents, e.g. warranty documents),
  4. lack of access to the communication enabling connection between the Application and the Spirometer or restrictions on its availability.
  5. damages incurred and profits lost by the User, which were caused as a result of the disclosure of the Password to the Account, which occurred due to the User’s fault,
  6. damages incurred and profits lost by the User, which were caused as a result of the User’s activities or omissions, in particular through improper use of the Service, including the Application,
  7. damages incurred and profits lost by the User, who violated the law or the provisions of the Regulations and whose Account is blocked and/or deleted by the Service Provider due to this fact,
  8. damages incurred and profits lost by the User, which were caused as a result of activity and/or omission of third parties not bound by the terms of the Contract, and on which the Service Provider had no influence,
  9. damages incurred and profits lost by the User, which were caused as a result of force majeure,
  10. damages incurred and profits lost by the User, which were caused as a result of transfer of personal information about the User to entities authorized on the basis of applicable law to process these data,
  11. links to third parties websites. These websites are owned and directed by its administrators or Service Providers, respectively. Service Provider is not responsible for the availability and quality of these pages,
  12. due to temporary interruption in the provision of Service, including access to the Application due to maintenance and/or activities associated with the modification of the Application, of which the User has been notified (the maximum duration of interruptions is 6 ??? in a given calendar month).
  1. The User on its own risk and responsibility uses the Service, including the Application.
  2. The Service Provider has no influence on how the User manages its Account and what Materials and data adds, how the communication between the Users looks like and does not modify them.
  3. The Service Provider upon receipt of official notification or reliable message on the unlawful nature of disclosed data, including personal data and/or Materials under protection and added by the User, contacts the User in order to clarify the issue and may block the Account or ultimately remove the Account if the damage size is significant and accordingly order the deletion of the data or deletes it on one’s own and/or by the law – notice and take downprocedure.

 

  • 9. Personal data
  1. In order to use the Application the User should provide its personal data such as name and surname and e-mail address, gender, date of birth.
  2. Data Administrator respects the Users’ right to privacy and ensures the security of personal data provided by the Users. Attachment No. 2 specifies the data processing agreement. The Doctor is the administrator of the Patients’ data to whom he establishes an Account in the Application.
  3. Through the Application settings the User can set additional security in the form of an authorization code or reading of “touch id” type.
  4. User personal data are processed:
  1. in accordance with the provisions on the protection of personal data,
  2. in accordance with the Privacy Policy,
  3. to the extent and purpose necessary to create and shape the content of the Contract, to change or terminate the Contract and ensure the correct provision of the Service,
  4. to the extent and purpose necessary to fulfill legitimate interests realized by the Data Administrator, and such processing does not violate the rights and freedoms of the data subject.
  1. Every data subject has the right to access data, rectify, delete or limit processing, the right to object, the right to submit a complaint to the supervisory authority.
  2. The Data Administrator reserves the right to make the personal data of the User and its other data available for the entities authorized on the basis of the relevant provisions of the law (e.g. for law enforcement authorities).
  3. The Data Administrator may entrust processing of the personal data stored in the computerised system of the Service to a processor established in the European Economic Area who meets the requirements of the law in force in the European Union.
  4. Deletion of personal data may occur as a result of termination of the Contract.
  5. The Service Provider stipulates that it keeps, for a period of time required by law, personal data about the User to the extent and purpose necessary for the purposes of potential, future claims between the parties of the Contract or in connection with the law regulations, which the Service Provider is obliged to follow.
  6. Data that are not personal data and include data on how the Application is used, are processed by the Service Provider without time and territorial limits.
  7. The Service Provider does not share the personal data with entities other than those authorized under the relevant provisions of the law.
  8. The personal data given in the Application are treated as confidential and are not visible to other Users except for the Doctor approved by the Patient. The Patient voluntarily provides the data to the Doctor, including its personal data. The Doctor may also enter additional data obtained from the Patient, including other personal data. The Doctor becomes in this case a separate Data Administrator and is responsible for data processing under the terms of the law, in it is obliged to obtain required by law permissions from the Patients, for the purpose of their personal data processing.
  9. The User receives Notifications of important information from the Service Provider. The frequency of sent Notifications can be set after logging in to the Account.
  10. On the day on which the termination of the Contract becomes effective (until the end of the day, on which the link confirming the deletion of the Account was activated), the Account is deleted as well as all the Materials and data, including personal data. The data processed for the purposes referred to in §8 section 2 point f) are not deleted.
  11. By supplementing the profile in the Application, the User provides information such as: gender, date of birth. This information is used for internal statistics (without being associated with personal data), and in case of connection to User ID for calculations of spirometric parameters and their due values.
  12. The processing of User’s personal data for other purposes, will take place only after obtaining the User’s permission, to the extent and purpose specified in this Contract.

 

 

  • 10. Intellectual property
  1. All rights in the Software, graphics and/or databases and other introduced to the Application by the Service Provider belong to the Service Provider.
  2. It is forbidden to use the Service, including the Application in a manner that violates the rights of the Service Provider and/or third parties. In case of an infringement of intellectual property rights, the Service Provider should take appropriate legal measures directed towards the infringer.
  3. The designation “My Spiroo” in verbal and/or graphical form identifies one of the products of the Service Provider, which operates in business without time and territorial restrictions. “My Spiroo” is the trade name of the Service Provider.
  4. It is forbidden to distribute without the express consent of the Service Provider any elements of the Application, including in particular the logo “My Spiroo.” The User may not delete, hide, make impossible to read or change the trademarks, copyright or other indications concerning intellectual property rights.
  5. The User by adding each Material through the Service, gives the Service Provider the non-exclusive license for a given Material, for the duration of the Contract, in the following fields of use necessary to provide the Service:
    1. entering into the memory of an electronic device (e.g. PC), including servers of computerised systems,
    2. permanent and/or temporary recording and/or reproduction with the use any techniques in whole or in part, in an unlimited number of copies, in particular by any known printing, digital techniques, magnetic recording, copying, printing, reproduction with the use of any vision and computer technology, in any system, format and on any media, together with exchange of media, including among others print, in computerised networks, digitally,
    3. public and/or non-public sharing within the provision of electronic services, free of charge regardless of territorial, time and language restrictions.
    4. public and/or non-public distribution with the use of any means of wireless and wired transmission for the distribution of sounds and/or images, constantly and/or temporarily, in any technology, free of charge at place and time chosen by other Users and/or third parties.
    5. location on the network that allows other Users and/or third parties to view it, as well as enables sending on demand.
  6. The User is authorized to use the Application for the duration of the Contract, only in terms of functionalities made available for him by the Service Provider. The User does not acquire any rights, including intellectual property rights, over these clearly defined in the content of the Contract.

 

 

  • 11. Claims
  1. User has the right to make a complaint in matters related to the provision of Service, including use of the Application.
  2. Complaints should be sent electronically to the following address: support@healthup.pl.
  3. Notification of complaint should contain at least:
  1. Login,
  2. description of the subject of the complaint.
  1. The Service Provider will consider the complaint within 14 days after the date of receiving it. The date of lodging a complaint shall be the date a complaint was received by the Service Provider.
  2. The answer to the complaint will be sent to the User’s e-mail address assigned to the Account.

 

  • 12. Final provisions
  1. The Service Provider provides Regulations prior to the Registration and sends the content of the Regulations using a durable medium. The Regulations can also be presented in another way, on the individual request of a person, if she/he has problems with displaying or reading the Regulations. For this purpose, please contact at the e-mail: support@healthup.pl.
  2. The Service Provider reserves the right to make changes in the Regulations. Every document is marked the date from which its provisions are valid.
  3. The User will be notified of any, significant change in terms of the Contract at least 14 days before the planned entry into force of the new Regulations. The Service Provider will send an appropriate message to the User’s e-mail address.
  4. In the case referred to above, the User has the right to terminate the Contract until the time of planned entry into force of the new Regulations. Failure to declare the willingness to terminate the Contract or failure to terminate it by that time is considered as the User’s permission for the provision of the Contract on rules consistent with the new Regulations.
  5. Change in the scope and/or the type of Services that does not violate the Regulations, does not constitute a significant change in the terms of the Contract. The introduction of fees is a significant change in the terms of the Contract, but it is valid only upon the acceptance by the User by selecting a button informing about the obligation to pay. In the absence of acceptance the Contract is terminated, unless it is possible to continue to provide the Service free of charge.
  6. Service Provider provides the Services consisting of storage of materials and data, including personal data added by Users. The Service Provider only stores them and enables their transmission on the terms specified in the Regulations.
  7. In case the third party observed the violation of the law, this person is obliged to contact the Service Provider and send a reliable message or official notification of the unlawful nature of the available data, including personal data provided by the User.
  8. In case of matters not covered by the Regulations, the relevant provisions of Polish law and/or regulations in the consumer’s place of residence shall apply.
  9. In case of change and/or cancellation due to a final decision of a court, of any of the provisions of the Regulations, the remaining provisions shall remain in force.
  10. All disputes between the Service Provider and the Doctor are considered by the court competent for the seat of the Service Provider.

 

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