§1. GENERAL PROVISIONS
- These Terms and Conditions are applicable to services provided by the Provider via the Website and the Mobile App’s.
a) Website – webpage utilised by the Provider to run the Website, within the domain https://synappsehealth.com;
b) Administrator – Synappse Sebastian Suchanowski with registered office at 81 Batalionów Chłopskich St apt 78, 01-307 Warsaw, Poland, Tax ID (NIP): 6731842975, National Business Registry Number (REGON): 146162809, email: email@example.com;
c) Mobile App - a mobile application "Ask the Doctor" through which the Administrator provides the services specified in these Regulations;
d) Pricing List - a document available at https://synappsehealth.com/en/#pricing and constituting an integral part of the Terms and Conditions, determining the amount of Fees for using one of the available Packages of services provided in the Website.
e) Account — a collection of resources in the Administrator's computerised system, identifiable by a unique name (login / e-mail address) and password specified by the User, containing the Userr's data;
f) Newsletter — a service electronically provided by the Administrator, enabling automatic reception of key information on the App by willing User via their provided e-mail address.
g) Fiscal Period — a unit of time within which the User may use the App. A Fee is collected for each Fiscal Period of the Mobile App’s usage. The Fiscal Period lasts 1 calendar month.
h) Fee — the Administrator's receivable collected (in advance) from the User for using the functionality of the Website during the billing period. The amount of Fees is indicated in the Pricing List and depends on the choice of the method of settling Fees and the selected Mobile App Package.
i) Package — a set of services enabling access to paid functionalities of the Website. Packages' specification can be found in the Pricing List.
j) Terms and Conditions — defining the terms of usage of the Website and Mobile App’s; The User may freely read the Terms and Conditions on the Website or, after downloading the Mobile App via the "App Store" or "GooglePlay" online store;
k) Contract — a Service Contract for services provided by the Administrator via the Webiste/Mobile App — concluded between the Administrator and the User, as per the provisions contained in the Terms and Conditions;
l) User — an adult person be not less than 18 years of age, having full capacity to enter into legal transactions, and in the cases provided for by the mandatory legislation also a natural person having limited capacity to enter into legal transactions, a natural person conducting a business activity, a legal entity, or an organisational unit without legal personality, utilising the services provided electronically by the Provider;
The Administrator provides their services within and outside of the Republic of Poland.
§2. USAGE OF THE WEBSITE / APP
- The User is obliged to utilise the Website and the Mobile App in accordance with these Terms and Conditions, in a manner consistent with the applicable provisions of the law, as well as the principles of social co-existence and morality.
- Any action undertaken by the User should ensure the respect for individual rights of any third parties, especially other Users utilising the Website and the Mobile App.
- While using the Website and the Mobile App, the User is obliged to provide real and correct data and to protect it from any unauthorised access. This is crucial in terms of the protection of the User’s data. It is also forbidden to make one’s Account available for other Users and third parties, as well as utilising Accounts belonging to other Users.
- Any User, as well as a third party, with access to the Website / Mobile App, is obliged to refrain from copying, modifying, sharing, transmitting, or using in any other manner the contents and databases available on the Website and in the Mobile App, apart from the scope of limitations of allowed use.
- The password allowing the User to log in to the Website and the Mobile App is private and confidential.
- Any instances of password exchange between the Users are forbidden.
- It is forbidden to attempt to introduce any harmful data into the computerised system (malware, including bots, viruses, spyware, "worms", etc.).
- Any content or actions in any way breaching these Terms and Conditions may be reported via the e-mail address firstname.lastname@example.org.
- In order to use the Website, one requires a computer with access to the Internet and an Internet browser. In order to use the Mobile App, you need a mobile device with iOS and Internet access.
- Services provided electronically by the Administrator may be used by an adult natural person of 18 years of age.
§3. SERVICE CONTRACT / FEES
- When providing services via the Website/Mobile App, the Administrator takes due care to ensure that the Users are fully satisfied.
In order to create an Account, the User is required to fill in the Registration Form, providing the following details:
a) name and surname,
b) e-mail address
c) date of birth.
d) Other personal data are provided by the User on an optional and fully voluntary basis.
Contract between the User and the Administrator for the provision of services through the Service is concluded for an undefined period of time in the case of choosing a free package (package "For free forever"), or for a specified period of time in the case of choosing a Premium Package, or a Package individually tailored to the needs of the User.
a) In the case of choosing the Contract for a specified period of time, the User is obliged to make payment in the form of prepayment (advance payment) by electronic means for each month constituting a single Fiscal period. Internet payments made on-line via the Mobile App are handled by the payment platform Stripe, available at www.stripe.com.
The non-consumer User concluding the Contract with the Administrator empowers the Administrator to issue VAT invoices electronically and without the recipient’s signature.
- The Fee is considered paid once its full amount is registered in the Administrator’s bank account.
- The User shall be informed electronically every time a change is made to the Pricing List. The Parties are bound by the Pricing List accepted by the User.
- The use of the Mobile App functionality, which enables sending a request for e-consultation, requires the Users to pay Fees to the Administrator before each use of this functionality.
- The Mobile App can be downloaded via the App Store or GooglePlay online store.
- Before creating an Account and using Website/Mobile APP, one needs to carefully familiarise themselves with these Terms and Conditions and accept them.
- The provision of services by the Administrator for the User is conducted in accordance with the Contract, subject to provisions of these Terms and Conditions and the applicable provisions of the Polish law. The Contract is concluded in accordance with these Terms and Conditions.
- The Contract is considered concluded on the day in which the User accepts (clicks) the activation button used to confirm their registration on the Website. In the case of a Mobile App, the date of concluding the Contract shall be the date on which the User accepts the Terms and Conditions and the required consents.
- The costs of data transmission required to download, install, run and use the Mobile App shall be borne by the User in accordance with the terms and conditions specified in agreements concluded with telecommunication operators or other Internet providers.
- The Contract between the User and the Administrator for the provision of services via the Mobile App is concluded for an undefined period of time.
- The User, upon breaching any of these Terms and Conditions, may be requested by the Administrator to cease any such activity. The request shall be issued via e-mail, to the User’s e-mail address specified during registration in Website. If the request is not fulfilled and the User continues to breach these Terms and Conditions, the Administrator reserves the right to delete the User’s Account, which is tantamount to an immediate termination of the underlying Contract..
- Creating a new Account by a User whose previous Account was deleted requires an express consent from the Administrator.
- The User may cease utilising the Administrator’s services at any time.
- Termination of the Mobile App requires its removal from the mobile device
- If any errors are detected in the Webiste/ Mobile App’s functionality, the User being a consumer has the right to demand their removal in a reasonable amount of time, based on the nature and the complexity of the error.
§4. FUNCTIONALITY OF THE WEBSITE/ MOBILE APP
The Provider provides the following free services to the Users:
a) Collection of data on the state of health of Users,
b) Enabling for anonymous e-consultation and medical recommendations,
c) Enabling Users to use online medical interviews,
d) Enabling Users to use the Interpretation to obtain test results,
e) Enabling Users to use the medical knowledge base available in the Service,
f) Enabling the use of other features available on the Service/Mobile Application,
g) Newsletter Service.
Not all of the above services provided through the Website are available to Users using free Packages available on the Website. Information on which services are available only after purchasing one of the paid Packages can be found at https://synappsehealth.com/en/#pricing.
- Services provided by the Administrator, referred to in section 3. 1 of this paragraph, including in particular E-consultations, results and interpretations of tests, answers to questions and other information provided by physicians to Users via the SynappseHealth Website and the Mobile Application are only recommendations and non-binding suggestions, because due to the impossibility of verifying the correctness of data (in particular data on health condition) entered into the Website/Mobile App by the User - they are not binding diagnostically and do not constitute health care or medical advice within the meaning of the definition expressed in Article 2(1) of the Act of 5 December 1996, on the professions of doctor and dentist (consolidated text Journal of Laws of 2018, items 617, 650, 697, 1515, 1532, 1544, 1629, 1669, 2435)
- The User feels that the Administrator is not providing their services in accordance with the previously established rules, they may file a formal complaint. The User is in such a case requested to inform the Administrator of any alleged breaches, to allow the Administrator an opportunity to clarify their position on the matter.
- Any formal complaints should be sent via traditional mail to the following address: Synappse Sebastian Suchanowski 81 Batalionów Chłopskich St apt 78, 01-307 Warsaw, Poland, or via e-mail sent to the e-mail address email@example.com.
- The complaint should contain: the name and surname, the applicable e-mail address, the description of alleged breaches, and one’s requests relating thereto.
- If the complaint is found to not contain sufficient information, the Administrator shall revert to the User and request additional data before responding to the complaint.
- The Administrator shall respond to the complaint within 30 days. The response to the complaint shall be sent via e-mail, unless the User requests to have the response received via traditional mail.
- If no response is received from the Administrator within 30 days, the complaint shall be considered valid. ARTICLE 6. WITHDRAWAL FROM THE CONTRACT
- Services provided to Users who are also a consumers as per Section 22(1) of the Civil Code, dated April 23rd 1964 (Journal of Laws 2017, item 459), are digital services not recorded on a tangible medium, therefore, before using these services, the User is asked to consent to the immediate commencement of the provision of electronic services (due to the nature of the services), which is tantamount to the loss of the right to withdraw from the Contract.
§7. COPYRIGHT PROTECTION
- The Administrator grants the User a non-exclusive, territorially unlimited Licence to use the Mobile App, for the duration for the Contract. The User may not issue any sub-licences, and the Licence itself may not be transferred to another entity without the Administrator’s express approval.
- All photographs and other materials (including texts, graphics, logotypes, etc.) available on the Website or in the Mobile App are considered property of the Administrator or have been utilised by the Administrator with consent of third parties possessing the relevant copyrights.
- Copying the photographs and other graphical materials, as well as reprinting any of the texts available on the Website and in the Mobile App, or their publication on the Internet without prior written consent of the Administrator or the third party possessing the relevant copyright, is forbidden.
- Downloading photographs from the website www.fitmech.com/pl and the App and using them for promotional or commercial purposes is also forbidden for all external parties.
- Any usage of the above mentioned materials without a prior written consent of the Administrator or the third party possessing the relevant copyright is against the law and may constitute a basis for initiating legal proceedings against the party engaging in such activities.
§8. PERSONAL DATA PROTECTION
- Sharing one’s personal data is not mandatory, but necessary to conclude the Contract with the Administrator.
- Personal data is processed solely for the purposes of providing the relevant services, as per these Terms and Conditions.
- The User’s personal data shall not be made available to any third parties for marketing purposes without the User’s prior consent. The User shall always have access to their personal data for the purposes of its verification, modification, or deletion from the Administrator’s database.
§9. FINAL PROVISIONS
- The Administrator reserves the right to introduce limitations to the usability of the Website caused by technical issues, conservatory works, or upgrade implementation. Simultaneously, the Administrator is obligated to limit the above mentioned technical breaks to night time and to have them last as briefly as possible.
- The Administrator reserves the right to introduce changes to the Terms and Conditions, and to expand or limit the scope of services rendered. Any such changes shall be communicated to the User via e-mail, sent to the e-mail address provided during the registration on the Website or directly throughout the Website/Mobile App. The changes shall be introduced not earlier than after 5 days since informing the User.
- The changes to the Terms and Conditions shall not aim at modifying the rights that the Users acquired prior to introducing them.
- The provisions of these Terms and Conditions are not aiming at waiving or limiting any of the rights of the User being a consumer, as per the Civil Code dated April 23rd 1964 (Journal of Laws 2017, item 459), applicable as per the mandatory rules of law. Should any of the provisions of these Terms and Conditions not comply with the above mentioned rules of law, the rules of law shall take precedence.
- Any conflicts between the Administrator and the Users shall be resolved in an amicable manner or by means of mediation proceedings assisted by an independent, neutral mediator. The User may file for amicable resolution at the Permanent Consumer Arbitration Court or file a request to the relevant Regional Inspectorate for Trade Inspection.
- Any detailed information, contract details, and lists of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection. The User may also file their complaint via the European Union’s ODR platform (online dispute resolution), available at: http://ec.europa.eu/consumers/odr/.
- Should an amicable resolution not be possible, the conflict shall be resolved by the relevant court as per the provisions of the Polish law for the User also being a consumer as per Article 22(1) of the Civil Code dated April 23rd 1964 (Journal of Laws 2017, item 459).
- For disputes between the Administrator and a non-consumer User, the relevant court shall be the court of competent jurisdiction as per the Administrator’s registered address.
- Any matters not regulated by these Terms and Conditions shall be regulated by the applicable provisions of the Polish law, especially the Civil Code dated April 23rd 1964 (Journal of Laws 2017, item 459), and any other applicable acts.
- These Terms and Conditions are applicable starting with 8th of May 2019.