TERMS OF USE FOR THE APPLICATION - Health Folder - the only medical documentation folder you will ever need

INFORMATION ABOUT THE SERVICE AND REGULATIONS
1. The Regulations define the type and scope of services provided by the Company through the Health Folder Service and the conditions and rules for Users’ use of the Service (according to the definitions provided below).
2. The Company provides the Regulations free of charge before concluding an agreement with the User for the provision of electronic services, in a manner that allows Users to obtain, reproduce, and store its content by printing or saving it on a medium at any time. This Regulation is continuously available in the mobile application and on the Google Play Store or Apple App Store.
3. Acceptance of the Regulations is voluntary but necessary to use the Services provided through the Service.
4. The owner, operator, and administrator of the Service is Pragmatic Coders Sp. z o.o., based in Kraków, at ul. Opolska 100, 31-323 Kraków, registered in the National Court Register by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number: 0000601571, NIP: 6772398603, REGON: 363386171, with a share capital of PLN 7,500.00.
5. For all matters related to the Service, the Company can be contacted:
  - by mail or in person at: ul. Opolska 100, 31-323 Kraków,
  - by email at: kontakt@healthfolder.pl,
  - by phone at: +48 737 455 594.
6. The Company is not a data transmission service provider. The costs of data transmission required for downloading, installing, launching, and using the Service are borne by the User in accordance with the applicable tariff under the agreement the User has concluded with their telecommunications operator or internet service provider. In this respect, the Company is not responsible for the amount of fees that will be charged for the use of data transmission necessary for the operation, functioning, and use of the Service.
DEFINITIONS
1. Closest Family Member – a person related to the User in a direct line (e.g., child, grandchild, parent, grandparent) and the User’s spouse.
2. Consumer – an individual acting in legal matters unrelated directly to their business or professional activity; the rights of a Consumer referred to in the Regulations also apply to an individual concluding a contract directly related to their business activity when it is clear from the content of that contract that it does not have a professional character, particularly concerning the subject of the business activity conducted by that individual, disclosed under the regulations of the Central Register and Information on Business Activity.
3. Account – a fully activated account maintained for the User by the Company under a unique name (login), which is a collection of resources where the User’s data and information about their activities within the Service are stored, through which the User accesses the Service.
4. Family Account – a Premium Service that allows the User to add additional profiles of Closest Family Members to their Account in the Service. It enables the storage, formatting, and comparison of the medical test results of the User’s Closest Family Members in their Account within the Service.
5. Newsletter – a service provided by the Company to the User in the form of sending email messages to the email address specified by the User, containing basic information about the functioning of the Service and instructions for using the mobile application.
6. ODR Platform – an online tool for the amicable resolution of disputes between Consumers residing in the European Union and businesses based in the European Union, arising from online sales contracts or service contracts, available at: https://ec.europa.eu/consumers/odr.
7. Regulations – these regulations, constituting the regulations for the provision of electronic services within the meaning of Article 8(1)(1) of the Act of July 18, 2002, on the provision of electronic services.
8. Service – software consisting of the Patient Folder mobile application and the related website located at the internet domain https://myhealthfolder.online/, allowing the User to store, format, and compare medical test results.
9. Company – Pragmatic Coders sp. z o.o., based in Kraków, at ul. Opolska 100, 31-323 Kraków, registered in the National Court Register by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number: 0000601571, NIP: 6772398603, REGON: 363386171, with a share capital of PLN 7,500.00.
10. Subscription – a fee paid by the User that enables access to the Premium Service.
11. Agreement – the agreement for the Company to provide services to the User in the Service, concluded for an indefinite period in the manner specified in the Regulations, whose subject is the provision of Services under the terms outlined in the Regulations.
12. Services – electronically provided services, within the meaning of the Act of July 18, 2002, on the provision of electronic services, delivered by the Company through the Service, including the Premium Service.
13. Premium Service – a collection of paid Services within the Service that allows the creation of Family Accounts, receiving medication reminders, and includes other functionalities currently available within the Premium Service.
14. User – a legal adult person with full legal capacity using the Service.
TYPES AND SCOPE OF SERVICES PROVIDED ELECTRONICALLY
1. The Company provides the following free Services to Users through the Service:
  - User Account,
  - Newsletter,
  - enabling the browsing of content placed within the Service, including access to discount codes and familiarization with medical articles on the latest changes and curiosities from the world of medicine.
2. The Company may also provide paid Premium Services to Users through the Service. Using the Premium Service requires the User to pay for a Subscription. The Premium Service includes, among other things, the Family Account and receiving reminders for taking medications.
3. The use of each type of Service is governed by the rules described in the Regulations.
GENERAL TERMS AND CONDITIONS OF USE OF THE SERVICE
1. The Service is software for mobile devices and an online service located at the domain https://myhealthfolder.online, which allows users to store, format, and compare their medical test results.
2. Using the Service is voluntary and is only available to individuals of legal age. With the exception of the Premium Service, which requires payment of a Subscription, using the Service is free of charge.
3. The technical requirement for using the Health Folder mobile application is to have a mobile device equipped with the latest version of the Android or iOS operating system and access to the Internet. To use the online service at the domain https://myhealthfolder.online/, it is necessary to have a device equipped with an information technology system connected to the Internet and a standard web browser in the latest version. In some cases, having an email account on any server is necessary to use certain Services.
4. The User agrees to use the Service in accordance with the law, good customs, in a manner that does not infringe the rights of the Company or third parties, and only for their own personal, private use, subject to Users utilizing the features of the Family Account. The Company reserves the right to terminate the User’s Account if they violate the terms of the Regulations.
5. All rights to the Service and all materials contained within it, including property rights, copyrights, and intellectual property rights to its name and logos, belong to the Company or third parties, and their use may occur only in a manner specified and compliant with the Regulations. The Service presents trademarks and trade names solely for informational purposes and they remain the property of the respective entities.
6. All information provided by the User to the Company, including information shared while using the Service, must not be unlawful and must not infringe upon the rights of third parties.
ACCOUNT
1. Using the Service requires the registration of a User Account. To register an Account, the User should download the Health Folder mobile application to their mobile device and fill out the form available upon launching the application. Registration requires the User to provide the Company with their email address, first name, last name, country of residence, and to set a password, as well as to accept the Regulations, the Privacy Policy, declare their legal age, and consent to the processing of medical data for the purpose of providing Services and to provide the Company with medical documentation. Registration can also be completed using the User’s access data from Facebook (https://facebook.com).
2. After completing the above actions, the User will receive a verification link at the specified email address. Clicking the link is equivalent to registering the User Account and entering into an Agreement between the User and the Company under the terms specified in the Regulations. This Agreement is concluded for an indefinite period and is automatically terminated upon the closure of the Account. The User may delete their Account and terminate the Agreement with the Company at any time and for any reason. Account deletion is free of charge. Account deletion is equivalent to the User withdrawing all consents granted or provided to the Company during the registration of the Account or while using the Service.
3. The User gains access to the Service by logging in to the Health Folder application or on the website at https://myhealthfolder.online by entering the email address and password provided during registration or by using access data from Facebook.
4. The User may register only one Account within the Service.
5. The Service allows the User to share Account data with other individuals, particularly healthcare professionals. To use this functionality, the User generates a one-time code in the Account settings within the Service. This code allows another person to access the Account data in the Service after entering and confirming the code at https://myhealthfolder.online/, followed by the User confirming access within the Service. After confirmation, other individuals will gain access to the data located in the User’s Account on the domain https://myhealthfolder.online/ for a period of one hour. The User can revoke authorization for access to the data in their Account at any time in the User Account settings within the Service.
6. Unless otherwise stated in specific provisions of the Regulations, the provisions of this section apply to the provision of Services.
PREMIUM SERVICE
1. Premium Service is a set of paid services within the Service, allowing the creation of Family Accounts, receiving reminders for taking medications, and other functionalities currently available within the Premium Service.
2. To use the Premium Service, the User must purchase a Subscription. The User has the option of a monthly, quarterly, or annual Subscription.
3. To purchase a Subscription, the User should click the “Select Subscription Package” button in their Account settings in the Service, and then choose the payment plan (monthly, quarterly, annual).
4. Payment for the Subscription is only possible through the Google Play Store or Apple App Store and via the payment methods available there. The Subscription is auto-renewing. The User can cancel the renewal of the Subscription at any time by changing the settings in the Google Play Store or Apple App Store configuration. The User can also cancel the renewal of the Subscription by changing the settings in their Account in the Service, under the “Manage Subscription” tab.
5. By purchasing the Subscription, you enter into a separate agreement with the service provider Google Play Store or Apple App Store, respectively, under the terms of use of Google Play or Apple Store services. The terms of this agreement, including provisions regarding prices, returns, and the right to withdraw from the contract, are governed by the agreement concluded by the User with the service provider Google Play Store or Apple App Store. In this regard, the User should familiarize themselves with the service provider’s terms of use before purchasing the Subscription. The terms of service are available on the service provider’s website:
  - Google Play Store – https://play.google.com/intl/pl_pl/about/play-terms/index.html;
  - Apple App Store – https://www.apple.com/pl/shop/browse/open/salespolicies.
6. As part of the Subscription, the User has the option to create a Family Account. Through this functionality, the User can store and process medical data of the Members of the User’s immediate family to the same extent as their own.
7. The User creates a Family Account by adding additional profiles of Members of the User’s immediate family to their Account in the Service. However, to use this functionality, the User must first obtain the consent of the Member of the immediate family for the processing of their personal data by the Company within the Service and to provide the medical documentation of that person.
8. The User utilizing the functionality of the Family Account agrees to process only their own personal data and that of the Members of the User’s immediate family. The User agrees to obtain consent from these individuals for the processing of their personal data by the Company and to provide medical documentation before transmitting the personal data of the Members of the immediate family to the Company. Obtaining consent from a Member of the User’s immediate family is a requirement for using the Family Account. The User is responsible for obtaining consent from a Member of the immediate family for the processing of their personal data by the Company and for providing their medical documentation to the Company.
NEWSLETTER
1. The User may voluntarily subscribe to the Newsletter service. The Newsletter contains basic information about the operation of the Service and instructions for using the mobile application.
2. Email messages sent as part of this Service will be sent to the email address provided by the User at the time of subscribing to the Newsletter.
3. The User can subscribe to the Newsletter during Account registration or later by changing the settings in their Account settings. In the same way, the User can unsubscribe from the Service. Upon subscribing to the Newsletter, an Agreement is concluded, and the Company will begin providing it to the User.
4. To properly implement the Newsletter service, the User is required to provide their valid email address.
5. The messages sent as part of the Newsletter will contain information about the possibility of unsubscribing, as well as a link to unsubscribe.
6. The User can unsubscribe from the Newsletter at any time, without providing a reason or incurring any costs, by using the option mentioned in point 3 or by sending a message to the Company’s email address: kontakt@healthfolder.pl.
7. Using the unsubscribe link from the Newsletter or sending a message requesting to unsubscribe from the Newsletter will result in the immediate termination of the Agreement regarding the provision of this Service.
LIABILITY OF THE COMPANY
1. The Company is liable for the non-conformity of the Service provided continuously, which occurred or revealed itself at the time it was to be delivered under the Agreement. It is presumed that non-conformity with the Agreement occurred during the delivery of the Service if it was revealed at that time.
2. The Company is liable for the non-conformity of the Service provided in a manner other than continuous, which existed at the time of its delivery and revealed itself within two years from that moment. It is presumed that the non-conformity of the Service with the Agreement, which revealed itself within a year from the moment of delivery, existed at the time of its delivery.
3. The User should cooperate with the Company in good faith to determine the causes of the non-conformity of the Service with the Agreement.
4. The presumptions referred to in paragraphs 1 and 2 above do not apply if:
  1. the User’s digital environment does not meet the technical requirements, of which the Company has informed clearly and understandably before the conclusion of the Agreement;
  2. the User does not fulfill the obligation referred to in paragraph 3.
5. The Company is obliged to inform the User about updates necessary to maintain the conformity of the Service with the Agreement and to deliver them for the duration of:
  1. the continuous provision of the Service;
  2. a reasonable expectation of the User – in the case of a Service other than that provided continuously.
6. If the User does not install the updates mentioned above within a reasonable time, the Company is not liable for the non-conformity of the Service with the Agreement resulting solely from the lack of updates if:
  1. it has informed the User about the update and the consequences of not installing it;
  2. the failure to install or improper installation of the update did not result from errors in the installation instructions provided by the Company.
7. The Company is not liable for technical problems or limitations occurring in the computer hardware or information systems used by the User’s device/mobile device that prevent or limit the User’s proper use of the Service and the offered Services.
8. The Company is not responsible for the correct operation of the Service on the User’s device/mobile device, nor for its lack. The User is responsible for using the Service on a device/mobile device that is adapted for this purpose.
9. The Company is not liable for the actions and omissions of Users or for the consequences of their actions, particularly those that constitute a violation of the provisions of the Regulations. The above does not affect the obligation of the Company referred to in paragraph 10 below.
10. The Company limits its liability towards Users who are not Consumers to intentional actions and gross negligence.
11. The above does not prejudice the provisions of mandatory law, in particular the liability of the Company that may arise from mandatory provisions of consumer law. In the event of any discrepancies between the provisions of the Regulations and the provisions of mandatory law, the liability of the Company is determined based on mandatory provisions.
EXCLUSION OF LIABILITY
1. In the context of the Services provided through the Platform, tools based on artificial intelligence (AI) are used. The Company is not responsible for errors and defects in the Service and Services arising directly from the actions of artificial intelligence (AI).
2. The Company reserves that the Service is not a medical product or a medical device of a similar type, but merely a tool that allows for the storage, formatting, and comparison of medical test results and thus can assist in diagnostics. In particular, the Service is not a tool directly used for diagnosing or conducting treatment processes. The Company is not liable for inaccuracies in the diagnostic, treatment, or therapy processes resulting from the User’s use of the Service in violation of the Terms and Conditions. The User is solely responsible for such actions.
RIGHTS RELATED TO NON-COMPLIANCE OF PREMIUM SERVICE
1. All statements and communication referred to in this section 10 and section 11 should be directed to the Company:
  - via email to: kontakt@healthfolder.pl,
  - by post to: ul. Opolska 100, 31-323 Kraków.
2. In the event that the Premium Service is not provided after activation in accordance with the Agreement, the User may call on the Company to immediately commence the provision of the Premium Service. If this does not occur, the User has the right to withdraw from the Agreement. The User also has the right to withdraw without a call if it follows from the Company’s statement or circumstances that the Company will not provide the Service, or if the User and the Company agreed, or it clearly follows from the circumstances of the Agreement, that the specified delivery date for the Premium Service was of significant importance to the User, and the Company did not provide it by that date.
3. In the case of non-compliance of the Premium Service with the Agreement, the User may demand that it be brought into compliance with the Agreement. The Company may refuse to bring the Premium Service into compliance with the Agreement if bringing it into compliance is impossible or would require excessive costs for the Company. The Company should bring the Premium Service into compliance with the Agreement within a reasonable time, at its own expense, and without excessive inconvenience to the User.
4. In the case of non-compliance of the Premium Service with the Agreement, the User also has the right to submit a statement to reduce the price or withdraw from the Agreement due to its non-compliance with the Agreement if:
  1. bringing it into compliance with the Agreement is impossible or would require excessive costs;
  2. the Company did not bring it into compliance with the Agreement in accordance with section 2 above;
  3. the non-compliance of the Premium Service with the Agreement still exists despite the actions of the Company described in section 2 above;
  4. the non-compliance of the Premium Service with the Agreement is so significant that it justifies a price reduction or withdrawal from the Agreement without prior request to bring it into compliance with the Agreement;
  5. it follows from the Company’s statement or circumstances that it will not bring the Premium Service into compliance with the Agreement within a reasonable time or without excessive inconvenience to the User.
5. The User cannot withdraw from the Agreement if the non-compliance of the Premium Service with the Agreement is insignificant. It is presumed that the non-compliance is significant.
6. The reduced price must be in proportion to the price resulting from the Agreement, in which the value of the Premium Service non-compliant with the Agreement is related to the value of the Premium Service compliant with the Agreement.
7. The Company shall promptly, and no later than within 14 days from the date of submitting the declaration of withdrawal from the Agreement or reducing the price, return the price paid by the User (or the corresponding part resulting from the reduction). The Company is obliged to refund only the portion of the price corresponding to the Premium Service that is non-compliant with the Agreement or for which the obligation to deliver has ceased due to the withdrawal from the Agreement. The refund of the price will be made using the same method of payment that the User used, unless the User expressly agrees to a different method of refund that does not incur any costs for them.
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
When you download, display, purchase, or use our Services in the Google Play Store or Apple App Store, you enter into a separate agreement with the service provider Google Play Store or Apple App Store under the terms of use established by that provider, which specify, in particular, provisions regarding pricing, refunds, and rights of withdrawal from the agreement. To familiarize yourself with these terms, please contact the service provider you are using. The terms of use are also available on the provider’s website:
- Google Play Store – https://play.google.com/intl/pl_pl/about/play-terms/index.html;
- Apple App Store – https://www.apple.com/pl/shop/browse/open/salespolicies.
COMPLAINTS
1. A user whose account has been deleted, as well as a user who is not satisfied with the functioning of the Service, can submit a complaint in the following way:
  - via email to: kontakt@healthfolder.pl,
  - by post to: ul. Opolska 100, 31-323 Kraków.
2. The complaint should include justification and the preferred method of resolving the issue by the user.
3. Complaints will be processed within no longer than 14 days from the date of receipt of the complaint by the Company. If the consideration of the complaint requires the user to provide additional documents or information, the period for considering the complaint will be appropriately extended. The response to the complaint will be sent to the user via email, to the email address from which the complaint was sent or which was provided when submitting the complaint in paper form as a PDF document.
4. The user has the right to appeal against the decision within the next 14 days. The appeal should include justification. A user who is a Consumer will also have the right to submit the dispute to be resolved by an arbitration court as indicated in point 14.4 below.
5. A user who is a Consumer and resides in the European Union may also use the ODR Platform available at: https://ec.europa.eu/consumers/odr, allowing for an amicable resolution of disputes arising from the Agreement for the provision of Services concluded with the Company.
PROCESSING OF PERSONAL DATA
The rules for processing Users’ personal data are defined in the Privacy Policy.
FINAL PROVISIONS
1. Polish law applies to the Regulations and Services. In matters not regulated by the Regulations, relevant provisions of generally applicable law shall apply.
2. If any provision of the Regulations proves to be less favorable to Users than the provisions of mandatory law in the Republic of Poland, particularly provisions protecting Consumers, the more favorable provisions for Users shall apply.
3. All disputes between the Company and the User related to the use of the Service that could not be resolved amicably will be settled by common courts competent for the Company’s registered office address, subject to Section 4 below.
4. A User who is a Consumer will also have the right to submit such a dispute for resolution by the Permanent Consumer Arbitration Court at the Mazovian Voivodeship Inspectorate of Trade Inspection in Warsaw, ul. Sienkiewicza 3, 00-015 Warsaw, or before the court competent for their place of residence.
5. The Company reserves the right to unilaterally change the Regulations in the event of:
  1. the introduction of new or changes to existing, generally applicable legal provisions,
  2. changes or the emergence of new interpretations of generally applicable legal provisions as a result of court rulings or decisions, recommendations, guidelines, or advisories,
  3. changes in market conditions,
  4. the introduction by the Company of new services thematically related to the subject matter of the Service,
  5. the expansion of the capabilities of the Service,
  6. changes in the offered methods of payment, procedures for handling complaints, etc., resulting from the functioning of the Company’s business,
  7. the necessity to correct clerical, accounting errors, as well as to ensure the clarity of the provisions of the Regulations, which do not increase the scope of obligations and do not reduce the scope of rights of the User.
6. In the event of one of the above causes occurring, the Regulations may be amended to the extent necessary due to the cause that has arisen.
7. If the above right is exercised, Users will be informed about the changes to the Regulations by posting information about the changes on the Service’s website and by providing information in the Patient Folder mobile application, as well as electronically—for Users who have provided the Service Provider with their email address. All changes to the Regulations become effective 14 days from the date of their publication in the manner described in the previous sentence.
8. Changes to the Regulations will not in any way infringe on the rights of Consumers acquired before the changes come into effect.
9. In all matters not regulated by these Regulations, the provisions of generally applicable Polish law shall apply, in particular the Act of April 23, 1964, the Civil Code, the Act of May 30, 2014, on Consumer Rights, and the Act of July 18, 2002, on Electronic Services.
10. The applicable version of the Regulations is effective from October 21, 2024.