of the Istel Care System
- These Terms define the rules of using the Istel Care System (hereinafter also referred to as: the "System") consisting of the Istel Care System and the Istel Health mobile application, as well as the Istel ECG (hereinafter also referred to as: "Application"), owned by Diagnosis S.A, Gen. Władysława Andersa 38A, 15-113 Białystok, Poland, KRS: 0000431765, VAT PL5422765590, REGON: 05213019100000 (hereinafter: Service Provider). The provisions of these Terms apply to the System as a whole, as well as to all individual components of the System in the form of an Applications.
- Users as defined in these Terms include:
a) natural persons who have or use the Application or its part on their device (hereinafter: the “Private User”);
b) doctors or other health care professionals who have or use the Application or its part on their own or another device used as part of their medical activity (hereinafter: the “Doctor User”).
c) healthcare entities as defined by the Act of 15 April 2011 on Medical Activity which have or use the Application or its part on their own or other device (hereinafter: “Medical Facility User”)
- A Private User or Doctor User may only be a natural person with full legal capacity (i.e. an adult who has not been declared partially or fully incapacitated).
- A Medical Facility User may only be a healthcare entity as defined by the Act of 15 April 2011 on medical Activity.
- On behalf of the Facility User, the Application is operated by the Administrator of the Facility who is a natural person, has a User account and an authorisation granted by the Facility User to operate the Account on its behalf.
- Using the System or its part (including software or any other component thereof), in particular accessing, storing, installing, browsing and setting up an account obliges the User to comply with the provisions of these Terms.
- The User may contact the Service Provider in connection with the functioning of the Application by sending an e-mail to the following addresses: firstname.lastname@example.org
- The Service Provider is entitled to unilaterally amend the provisions of these Terms for important reasons, in particular due to changes in the functionality of the System, update of the System, modifications and improvements to the System. The changes come into force within 14 days from the day they are published and the new wording of the Terms is made available via the System. In the event that the User does not consent to the amendment of the Terms, he/she may, within 14 days from the date of publishing or making the new wording of the Terms available via the System, submit a declaration stating his/her wish to discontinue the use of the System by removing the User account, which is tantamount to termination of the contract referred to in item 2 of Section IV of the Terms, as well as the expiry of the license to the System upon submission of the declaration.
- The purpose of the System is to enable the User, via an account in the System, to access data collected via the devices specified in attachment no. 1 to these Terms (hereinafter: the “Devices”). In addition, the System enables the Doctor User to contact the Private User in order to provide Teleconferences.
- The System allows the Doctor User to access data placed on an individual Private User account. These data shall be made available in one of the two ways provided below:
a) the data are made available on the basis of the consent of the Private User given via the System to the Facility User to make his/her data available to the Facility User and the entities cooperating with the Facility User (Doctor Users).
b) the data are made available on the basis of the consent of the Private User given via the System to make his/her data available to a designated Doctor User (the data are made available in this way in particular in a situation where the Doctor User cooperates with a medical facility that does not have an account in the System);
- The System is by no means a medical device, it is not used to identify and diagnose diseases, and the information contained therein cannot be treated as medical advice or recommendations for any therapy, in particular, the System is not intended to be a substitute for the diagnosis of a doctor or other qualified health care professional. The System only serves as a platform for exchanging information between the Doctor User and the Private User allowing the medical staff to contact the patient. The System only enables the visualisation of the results of measurements made with the use of the Devices; however, they shall be each time interpreted by a doctor or other qualified health care professional.
- The User uses the System at his/her own risk, in particular with respect to any actions taken on the basis of the data collected in the System.
- The Service Provider does not guarantee that the data collected in the System are complete, accurate, up-to-date and correct. The User is obliged to check them each time, and the Service Provider is not responsible for any damage caused by the incomplete, inaccurate, out-of-date and incorrect data collected in the System.
- The Service Provider is not responsible for the sharing and transferring of the data collected in the System to any health care professionals and providers of medical services and the possible consequences of actions and decisions made on the basis of these data.
- The Service Provider has the right to present advertisements via the System.
- The Service Provider hereby grants to the User, without any time and territorial limitations, a free-of-charge, non-exclusive, revocable and limited license to use the System in accordance with the purpose of the System and the provisions of these Terms. The Service Provider reserves the right to charge fees for the use of the System in the future, of which the User shall be notified at least 14 days in advance.
- Under the license granted, the User is entitled to use the System only for personal and non-commercial purposes. This does not apply to a Doctor User who, as part of his/her medical activity, may use the System only as a source of information about the results of measurements made with the use of the Devices (Appendix 1) by a Private User.
- The User is not entitled to grant any sublicense.
- The transfer of any content included in the System to third parties is allowed only with the use of the System’s dedicated tools. The content included in the System may be transferred only between Facility User and Doctor User, Facility User and Private User, Doctor User and Private User as well as Private User and Private User in accordance with the functionality and the purpose of the System.
- All rights not expressly granted to the User belong to the Service Provider.
IV. USER ACCOUNT
- In order to use the System, it is necessary to create a User account by registering via the System or – in the case of the Facility User – as a result of creating an account by the Service Provider after receiving a written registration form according to the template set by the Service Provider.
- Setting up an account is tantamount to concluding a contract for the provision of electronic services on the conditions provided for in these Terms. Before registration, the User is obliged to read these Terms, the acceptance of which is necessary in order to set up a User account.
- Detailed rules, instructions and technical information (including hardware and software requirements) related to the download, installation and use of the System, registration and use of the account are specified in the User Manual, which is an integral part of these Terms.
- The User may connect an unlimited number of Devices with his account.
- The User should register only the Devices on his / her own account. The Service Provider is not responsible for the consequences of registering Devices on the account that are also used by third parties, in particular the effects of possible misleading of a doctor, health service employee or other provider of medical services as to the measurement results presented on the account.
- The Service Provider reserves the right to impose a limit on the content stored by the User in the System, including the content of messages, data from Devices or other User content. The Service Provider is not responsible for any damage resulting from the removal of the above data due to the limit set.
- The User shall maintain the confidentiality of his/her login data to the System and the User account, shall not disclose them to third parties and shall not make the System and the User account available to third parties. The Service Provider is not responsible for the consequences of unauthorised access by third parties to the System and the User account in the event of failure to comply with this obligation.
- Any suspicion of unauthorised access by a third party to the System and the User account should be immediately reported to the following e-mail addresses: email@example.com If this obligation is not complied with, the Service Provider shall not be liable for the consequences of unauthorised access to the System and the User account.
- The User may delete the account at any time via the System. Deletion of the account results in the termination of the license referred to in Section III of the Terms and termination of the contract referred to in item 2 above.
- Each party shall have right to terminate the contract with a 7-day notice period. The termination shall result in the deletion of the User account and the expiry of the license and termination of the contract following the notice period.
- The Service Provider shall have the right to remove, suspend, limit or revoke access to the User account or individual functionalities thereof for important reasons, in particular in the event of a breach or suspected breach of the provisions of these Terms, legal regulations, and the imposition of such an obligation by relevant state authorities. The Service Provider shall not be liable to the User for any damage arising in connection with the deletion, suspension, limitation or revocation of access to the User account or individual functionalities thereof.
V. USER’S OBLIGATIONS
- The User shall:
a)comply with the provisions of these Terms;
b)use the System in a manner consistent with applicable law, the principles of social coexistence, with respect for the personal rights of third parties and any other rights they are entitled to.
- The User uses the System voluntarily, at his/her own risk and responsibility.
- The User may not use the System in a manner inconsistent with its intended purpose, in particular, the User may not:
a) copy, change, interfere with, and modify the System or its part (in particular software, source code), as well as create derivative software, adaptation or translation of the System or its part, or combine the System or its part with another programme or application;
b) use the System in a way that could disrupt, interrupt, deteriorate or damage the operation of the System;
c) obtain access to the System and the data stored in it, using external programmes, for any purpose;
d) undertake any fraudulent actions, including impersonating third parties, providing false personal data or accessing, collecting or storing third party data on the Device or on the User account;
e) store, transmit or make available in any other way materials and content containing viruses and other types of files or programmes aimed at damaging, disrupting or limiting the normal operation of the System or its part;
f) violate any rights of third parties, including the intellectual property rights or the rights to privacy of third parties;
g) store, transmit or share illegal content and data via the System;
h) reproduce, market or distribute, as well as, dispose of, lend, rent, lease or make the System or its part available to third parties on a different legal basis.
- The User assumes the risk related to the equipment, devices, and software used as well as Internet connectivity which may affect the proper operation of the System.
- The Facility User is obliged to keep the Service Provider informed of any changes regarding the persons who are the Facility Administrator.
VI .DISCLAIMER OF SERVICE PROVIDER
- The Service Provider may freely change as well as improve, modify and update the System without notice. The provisions of these Terms shall apply to the changed versions of the Application.
- The Service Provider reserves the right to refuse, limit or revoke access to the System or its individual functionalities, for important reasons, in particular in the event of a breach or suspected breach of the provisions of these Terms, legal regulations, and the imposition of such an obligation by relevant state authorities. The Service Provider shall not be liable to the User for any damage arising in connection with the refusal, limitation or revocation of access to the System or individual functionalities thereof.
- The Service Provider does not guarantee proper operation and constant and uninterrupted access to the System. The Service Provider has no obligation to update the Application and does not guarantee that the System shall be free from defects, errors and gaps. The Service Provider is not responsible for any damage resulting from improper operation, lack of access to the System, failure to maintain or update the Application and any defects, errors and gaps in its operation.
- The Service Provider does not guarantee that the System is free from viruses and other harmful elements that may affect the operation and efficiency of the devices on which particular Applications are downloaded, stored and installed, and is not responsible for any related damage. The User bears all risks related to the possible damage or destruction of the device on which he/she downloads, stores and installs the Applications and the loss or damage of data collected on this device.
- The Service Provider is not obliged to create and store backup copies of the data collected by the User on the account in the System and is not responsible for the loss thereof. The User is obliged to create and store backup copies of the data collected in the System.
- The Service Provider is not responsible for any damage resulting from using the System in a manner inconsistent with its intended purpose, the provisions of these Terms and the User Manual.
- The Service Provider is not liable for damage caused by using the System for any purpose as part of business, professional or commercial activities.
VII. TRADE MARKS
The System as a whole, but also its individual elements, including graphic design, trademarks, materials, content and source codes, are the property of the Service Provider and are protected by intellectual property law. Their unauthorised use may violate the copyrights, industrial property rights and related rights of the Service Provider.
- Any complaints regarding the use of the System must be reported to the Service Provider within 14 days of finding the irregularity.
- Complaints may be submitted:
a) in writing to the following address Diagnosis S.A., ul. Gen. Władysława Andersa 38A, 15-113 Białystok, Poland;
b) via e-mail to the e-mail addresses: firstname.lastname@example.org
- The Service Provider shall exercise due diligence to consider the complaint as soon as possible after being provided with all information necessary for its consideration.
IX. FINAL PROVISIONS
- In the event that any of the provisions of these Terms or any part hereof are found to be illegal, invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness and enforceability of the remaining provisions of these Terms.
- In matters not covered by these Terms, the provisions of Polish law, in particular the Civil Code, shall apply.
- Any disputes that may arise from the implementation of the provisions of these Terms shall be subject to the exclusive jurisdiction of Polish courts.
- Any disputes that may arise from the implementation of the provisions of these Terms shall be subject to the courts competent for the registered office of the Service Provider. This provision shall not apply to Users who are consumers as defined in Article 221 of the Civil Code and to natural persons using the System directly in connection with their business activity for whom the use of the System is not of a professional nature, stemming in particular from the object of the business activity carried out by the User, specified in line with the provision regarding the Central Registration and Information on Economic Activity.
APPENDIX 1 List of devices compatible with Istel Care System:
- Istel HR-2000 ECG Recorder
- Istel CARDIC-100BT – Blood Pressure Monitor
- Istel WA-200 BT Body Composition Analyser
- Istel NC300 BT – Thermometer
- ABRA SMART BT – Blood Glucose Meter
- Abra PRO Glucose Meter
- Diagnostic Gold Care Glucose Meter
- Diagnostic Gold – Glucose Meter
- Abra – Glucose Meter
- Abra Smart – Glucose Meter