TERMS OF USE FOR THE APPLICATION

APPLICATION AND TERMS AND CONDITIONS INFORMATION

These Terms of Use define the type and scope of services provided by the Company through the Health Folder mobile application, as well as the conditions and principles for using the application by Users (in accordance with the definitions found below). The Application Owner is Pragmatic Coders Sp. z o.o. based in Krakow (KRS: 0000601571).

DEFINITIONS

Services – Services provided electronically by the Company, consisting, among others, in User account registration, processing of their data, and provision of other services within the functionality of the Application.

Application – Health Folder mobile application that allows the User to store, format, and compare their own medical examination results.

User – an individual using the Application.

Consumer – a natural person making legal actions with the entrepreneur not directly related to their business or professional activity; the Consumer’s rights referred to in the Terms of Use are also granted to a natural person concluding a contract directly related to their business activity when the content of this contract indicates that it is not professional in nature for this person, resulting in particular from the subject of the business activity they perform, made available on the basis of the provisions on Central Registration and Information on Business Activity.

Company – Pragmatic Coders limited liability company based in Krakow, address: Aleja 29 Listopada 20, postal code 31-401, entered into the register of entrepreneurs of the National Court Register under the number KRS: 0000601571, whose registration files are kept by the District Court for Krakow – Downtown in Krakow – XI Commercial Department of the National Court Register, NIP: 6772398603, share capital: PLN 7 500

ODR Platform – an online tool for amicable resolution of disputes between Consumers residing in the European Union and entrepreneurs based in the European Union, arising from online sales contracts or service contracts, available at: https://ec.europa.eu/consumers/odr.

Day – a calendar day.

Terms of Use – this document.

COMMUNICATION

You can contact us about all matters related to the Application by email at: contact@healthfolder.pl, as well as in writing to the above address of our headquarters.

GENERAL CONDITIONS AND PRINCIPLES OF USING THE APPLICATION

The Application is software for mobile devices that allows you to store, format, and compare your own medical test results.

Using the Application is free, voluntary, and only possible for adults.

To use the Application, it is necessary to have a mobile device such as a tablet or phone, equipped with the Android operating system, have an account, and have an email address.

A condition for using the Application is downloading the Application on the User’s mobile device and registering the User’s account. The User registers by filling in the form available after launching the Application on the mobile device and requires providing the Company with their first and last name, email address, and password, as well as accepting the Terms of Use, privacy policy, declaring adulthood, and consenting to the processing of medical data.

After performing the above-mentioned actions, the User receives an activation code at the indicated email address. Entering the activation code in the application is equivalent to registering the User’s account and concluding a contract between the User and the Company for the provision of Services on the terms set out in the Terms of Use. This contract is concluded for an indefinite period and is automatically terminated with the deletion of the account. The User can delete the account and terminate the contract concluded with the Company at any time and regardless of the reason.

The User undertakes to use the Application in accordance with the law, good manners, in a way that does not infringe the rights of the Company and third parties and with respect to the intellectual property rights of the company and third parties.

The User is not allowed to use the Application for purposes contrary to the law, the principles of social coexistence, or good manners, including for activities aimed at disrupting the functioning of the Application or the system, hacking activities, or activities related to the introduction of malicious software into the Application.

The User must not provide unlawful content, including content that infringes the personal rights of third parties, is defamatory, or infringes the rights of third parties, including intellectual property rights.

Any activity aimed at unauthorized use or distribution of the content of the Application, including software, databases, graphics, text, video or audio recordings, is prohibited. Any such actions may constitute a violation of the law, in particular the provisions of copyright and related rights.

The User, by accepting these Terms of Use, grants the Company a non-exclusive, free, transferable license to use, reproduce, and distribute the data, materials and information provided by the User, only to the extent necessary for the proper implementation of the Services.

RESPONSIBILITY

The Company does not guarantee the completeness, accuracy, or reliability of the data provided by the User and is not responsible for any damages resulting from their use.

The Company is not responsible for the permanent availability of the Application and any errors or failures in its operation.

The Company does not guarantee the security of data transmission via the Internet, in particular the danger of intercepting data or disrupting service by malicious software, but guarantees the application of appropriate measures to ensure a level of security corresponding to the threats, in particular cryptographic protection of data communication.

The Company reserves the right to suspend or terminate the provision of the Services without prior notice in cases of force majeure, necessary maintenance, review or expansion of the technical base, and also if it finds that the User uses the Application in a manner contrary to the law or the Terms of Use.

COMPLAINTS AND DISPUTES

Complaints related to the operation of the Application should be reported by e-mail to the following address: contact@healthfolder.pl. The complaint should include the User’s identification data, a description of the problem, and the User’s expectations regarding the solution of the problem. The Company will consider the complaint within 14 days from the date of receipt and will notify the User of the outcome by e-mail.

If the User is a Consumer, they may use the out-of-court complaint consideration and redress methods. Information on how to access these procedures can be found at: http://www.uokik.gov.pl/spory_konsumenckie.php. The consumer also has the option of using the European ODR Platform, which is available at: http://ec.europa.eu/consumers/odr/.

The law applicable to the resolution of any disputes arising from these Terms of Use is the law of Poland. All disputes will be resolved by competent Polish courts.

FINAL PROVISIONS

The Company reserves the right to amend the Terms of Use, Privacy Policy and other policies at any time, subject to the User’s rights. The User will be informed of any changes by e-mail. Continued use of the Application after changes to these Terms of Use, Privacy Policy, and other policies constitutes acceptance of these changes.

In matters not covered by these Terms of Use, the relevant provisions of Polish law shall apply.

These Terms of Use are available in the Application, where they can be downloaded, reproduced, and printed. They are also available at the registered office of the Company.

The Terms of Use come into force on the day of publication in the Application.