Terms of Service

§ 1 INTRODUCTORY PROVISIONS

  1. These Regulations define the principles of operation of the MediRecord mobile application (“Application”), made available by the Administrator for Users.

  2. The Regulations specify in particular the types and scope of services provided by electronic means, the conditions for the provision of electronic services, including technical requirements necessary to use the Application, the conditions for concluding and terminating contracts for the provision of electronic services and the complaint procedure, as well as the rights and obligations of its Users, and the rules of liability of the Administrator and Application Users, in accordance with the Act of 18 July 2002 on the provision of electronic services (uniform text: Journal of Laws of 2013, item 1422).

  3. Services are provided on the terms set out in the Regulations and generally applicable law

§ 2 DEFINITIONS

Regulations - these regulations for the use of the MediRecord mobile application.

Administrator - Dev Code Mateusz Olejnik with the office at address: Radnych 9/5, 05-800 Pruszków, Poland, entered into the Central Register and Information on Economic Activity in Poland under Tax Payer numbers (NIP - EU VAT number) PL8341796429 and (REGON) 146781257.

Application - MediRecord mobile application that allows you to store the history of Visits, Medicines and Tests of the User and his relatives / family.

User - a natural person with full legal capacity.

Account - an account run for the User by the Administrator under a unique identifier, which is a collection of resources in which the User’s data and information about his activities within the Application are collected, which the User independently manages.

Login - user’s phone number used for authentication in the login process.

Profile - a collection of information, data and other elements collected as part of the Account that describe the User’s medical history, provided voluntarily and independently by the User to the Application, which are made available and presented in the Application.

Services - services provided by the Administrator to the User in accordance with the provisions of the Regulations.

§ 3 GENERAL RULES FOR USING THE APPLICATION

  1. The user may:

    a) change or delete the User’s data in the Profile using the options contained in the Application;

    b) use the Application and its functionality in accordance with its intended purpose and the rules of the Regulations.

  2. The User is obliged to obtain appropriate rights and consents of authorized persons to place any materials in the Application, including photos of documents. Placing any materials in the Application by the User is tantamount to a declaration that the User has the necessary rights and consents in this regard, in accordance with the content of the statements contained in § 7 of the Regulations.

  3. The user is obliged in particular to:

    a) refrain from any actions that may hinder or disrupt the functioning of the Application and from using the Application and its functionality in a way that is burdensome for other Users or the Administrator;

    b) observe moral and property rights as well as rights resulting from the registration of inventions, patents, trademarks, utility and industrial models of other people;

    c) refraining from any actions violating the privacy of the Application users, in particular collecting, processing and disseminating information about them without their express consent, unless it is permitted by law and the provisions of these Regulations.

  4. It is not allowed to use the Application and its functionalities for purposes other than those resulting from the nature and subject of the Application and resulting from these Regulations, including purposes other than the use of the Services, and in particular it is not allowed to:

    a) attempting to take over or gain unauthorized access to another user’s account;

    b) taking any actions that may cause damage, including in particular damage to the Administrator, other Users or third parties;

    c) posting in the Application materials that violate applicable law, the Regulations, good manners, moral standards or the principles of fair competition, vulgar, offending dignity, defamatory or violating the personal rights of other people, including other Users or the Administrator, supporting radical social attitudes or promoting such views ( all kinds of racial, ethnic, sex, religion, etc. discrimination, false or misleading content;

    d) uploading erotic material in any form;

    e) multiple posting of the same or similar photos, content or other elements;

    f) posting content unrelated to the subject or purpose of the Application;

    g) impersonating other Users, providing or suggesting a false identity of the User.

  5. The User is fully responsible for the use of the Account and Application in a manner inconsistent with the Regulations or generally applicable law and its effects.

  6. For non-compliance with the provisions of the Regulations or generally applicable law by the User, his account may be blocked by the Administrator. Depending on the situation, all information about the User may also be removed from the Application.

  7. The Administrator, including the person acting on his behalf, may remove the materials placed in the Application that do not meet or violate the provisions of the Regulations or generally applicable law in any way, without prior notice or notification to the User.

§ 4 TECHNICAL REQUIREMENTS

  1. To use the Application, it is necessary to have a mobile device (in particular a mobile phone, tablet):

    a) enabling the download and use of mobile applications,

    b) enabling proper connection to the Internet. The costs of Internet connection are borne by the User, in accordance with the contracts concluded by the user with the telecommunications operator.

    c) running the Android 5.0+ or iOS14.1 + operating system. In the case of the Android system, the application market is the Google Play Store, and in the case of the iOS system, the AppStore.

  2. The Administrator is not responsible for the non-functioning or improper operation of the Application on a device that does not meet the technical requirements specified in §4 section 1-2.

§ 5 REGISTRATION WITHIN THE APPLICATION

  1. The User of the Application may be any natural person with full legal capacity who installed the Application on a mobile device and accepted the provisions of the Regulations and provided their data during the registration or change of the User.

  2. Equivalent to registration as part of the Application is logging in to it using the telephone number held by the User.

  3. By completing the registration procedure in the Application, which results in the creation of an Account, the User guarantees and declares that he has read and accepted the content of the entire Regulations and undertakes to comply with them.

  4. By registering in the Application, the User agrees to publish his Login, place and time of activity in the Application (eg with materials added by the User).

  5. By registering in the Application, the User also agrees to:

    a) collection by the Administrator of the User’s personal data obtained during registration and their processing to the extent indicated in § 9 of the Regulations.

  6. The User may at any time remove his Account from the Application and uninstall the Application from the mobile device, which is tantamount to the termination of the contract for the provision of electronic services, but this does not preclude re-registration after reinstalling the Application. With the removal of the Account, the Profile will be deleted from the Application. User permanently and irretrievably.

§ 6 USER ACCOUNT

  1. The User having an Account as part of the Application, as well as viewing and changing data, adding materials permitted by the Regulations is free of charge during the free trial period, and after this period possible after paying the subscription fee in accordance with the price list.

  2. Accounts not used (no effective login) for a period longer than 6 months from the last login may be deleted without prior notification.

  3. In the event of a violation by the User of the rules of the Regulations or generally applicable law, the Account may be blocked (permanently or temporarily) or deleted without giving a reason and informing about this fact.

  4. Each newly created Account is an active Account after completing the registration process described in the Regulations.

  5. The Administrator will assume that the information and statements sent from the e-mail address provided by the User come from the User, and that the activities performed by the person logged in to the Application with the User’s Login and Password were performed by the User, unless the User presents evidence to the contrary.

  6. All information included in the Application must be true, reliable and not misleading.

  7. The Administrator will not make the Login available to third parties, unless it is required by the applicable law.

§ 7 INTELLECTUAL PROPERTY RIGHTS

  1. By posting any materials as part of the Application, the User declares that:

    a) is the sole owner of proprietary copyrights or rights resulting from the appropriate license, the rights to which he can freely dispose of and use, in particular allowing for the publication of materials in the Application and their public disclosure in this way;

    b) his proprietary copyrights do not threaten and do not infringe the rights of third parties, in particular they do not infringe their economic and personal copyrights and ensure that he has satisfied or will satisfy, by the date of posting the materials under the Application, any third party rights related to them in related to the content of these materials,

    c) in the event of a third party submitting claims arising from the violation of the rights set out above, the Administrator will compensate the Administrator, as solely responsible, for the costs incurred in connection with bringing claims for damages against him, releasing the Administrator from any obligations that arise in this respect.

2.At the time of posting materials as part of the Application, the User grants the Administrator a free, non-exclusive license without time and territorial limitations in the use of the materials contained in the Application in whole and in part for all the fields of use known to the User and Administrator at the time of granting the license, in particular in range:

a) recording on any medium, in particular for the purposes of making backups

b) transmission, processing and storage using the Internet and other data transmission techniques using telecommunications, IT and wireless networks;

  1. The User is not entitled to remuneration for granting the above license to the Administrator.

  2. The User has the right to post an unlimited number of materials in the Application, subject to the technical capabilities of the Application and with the reservation that these materials cannot be the same.

  3. The administrator may remove materials considered by him to be contrary to the Regulations or generally applicable law without warning and the need to notify about this fact. Persistent posting of materials that violate the Regulations or the law may result in the account ban.

§ 8 COMPLAINTS

  1. Complaints regarding improper operation of the Application should be reported to the following e-mail address: info@medirecord.pl within 14 (fourteen) days from the date of the event constituting the subject of the complaint. The date of submission of a complaint is the date of receipt of the notification.

  2. The complaint should include:

    a) specification of the entity making the complaint (User login)

    b) specification of the subject of the complaint and the period complained about.

    c) presentation of the circumstances justifying the complaint.

  3. The reported complaint will be considered within 30 (thirty) days from the date of its receipt by the Administrator.

  4. After exhausting the complaint procedure, the User has the right to pursue unrecognized claims in a common court according to general jurisdiction.

  5. The Administrator will make every effort to ensure that the Application and all Services made available through it operate continuously and without disruptions, however, the Administrator is not responsible for any disruptions caused by force majeure, breakdowns or unauthorized interference by Users or third parties, insufficient bandwidth via which the User uses the Application, violation of the Regulations by the User.

  6. The Administrator reserves the right to temporarily disable the Application in full or in part in order to improve it, add services or carry out maintenance, without prior notice to the Users.

  7. The Administrator reserves the right to implement to the Application in all its levels, functional, identification or other solutions that prove to be appropriate to the subject or technical conditions of the Application, in connection with the possible occurrence of undesirable behavior or events or threatening the rights or interests of Users, the Administrator or legitimate interests of third parties.

§ 9 PERSONAL DATA

  1. Detailed rules for data processing under the Application are specified in the PRIVACY POLICY OF THE MediRecord APPLICATION, the content of which the User expresses his consent by accepting these Regulations.

  2. The privacy policy is available on the website of the MediRecord mobile application in the Privacy Policy tab.

§ 10 FINAL PROVISIONS

  1. All provisions of the Regulations may be changed by the Administrator at any time. Each amendment to the Regulations will be communicated to the User by publishing the changes in the form of a unified text of the Regulations on the website www.medirecord.pl and in the Application along with information about their implementation.

  2. The Regulations shall enter into force within 14 days of their publication on the website www.medirecord.pl

  3. After the information about changes to the Regulations is published on the website www.medirecord.pl or in the Application, the User should immediately read the changes, because logging in to the Account after the Regulations enter into force constitutes acceptance of the new content of the Regulations by the User.

  4. If the changes to the Regulations are not accepted, the User should refrain from logging into the Account and immediately notify the Administrator of such decision by e-mail to the following address: mo@evcode.com.pl.

  5. The declaration of non-acceptance of the changes to the Regulations entails the deletion of the User Account.

  6. These Regulations come into force on the date of announcement and are binding in this version until the date of its amendment or cancellation.