Regulations - this document and its annexes forming an integral part hereof
Service - enables Users to access educational medical resources and search through a database of symptoms and conditions
Service Provider – Infermedica Sp. z o.o. with registered office in Wroclaw, at Plac Solny 14/3, Poland, registered in the National Court Register under the number 0000429183, NIP (tax id) PL8971782877, an entity providing the ability to use the Service
User - a certified medical doctor or a medical professional
Application - a system accessible via the Internet, operated at app.landingi.com, established to provide the Service.
Website - a website dedicated to the Application at the address of dxmate.com
Account - created by the User in the Application, established to use the Service, has various parameters depending on the chosen and paid package.
§ 2 Subject of the regulations and general provisions
- These regulations specify the conditions of use and operation of the Service, the Service Provider’s responsibilities, rights and obligations of the User. Prior to use of the Service, carefully read the Regulations.
§ 3 Technical Conditions
- To use the Application it is necessary to have a device with access to the Internet and a web browser.
- The Service Provider recommends using the following browsers: Chrome version 11 or higher, Firefox version 4 or higher, Opera version 11 or higher, Safari version 5 or higher. The Service Provider does not guarantee proper operation when other web browsers are used.
- The Service Provider is not responsible for:
- a damage caused by third party interference, malfunction of external factors or other systems (e.g. telecommunication networks) that are independent of the Service Provider,
- damage caused by force majeure,
- damage resulting from access to User’s Account by unauthorized persons,
- damages resulting from failure to comply with the terms of the Regulations,
- any damage caused by improper transfer of data in the system, by writing or reading the message, as well as loss of data transmitted in the message,
- User’s loss caused by online risks, such as a break-in to the system, or viruses that may infect User’s system.
§ 4 Eligibility
- In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the Republic of Poland, European Union, or other countries having jurisdiction over this Agreement, DxMate, and yourself. For example, if the Council of the European Union’s Regulation 428/2009 prohibits the provision of our Service to you, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years age.
- You must provide us with accurate information that we deem necessary to provide you with our Service.
- You must not have a medical emergency.
- You must not be using DxMate as an alternative to visiting a licensed medical doctor to determine the cause of any symptoms that you may be facing.
- You must not be using DxMate to diagnose any third party.
§ 5 Disclaimer
- Please note that the medical resources provided are done so solely for informational and educational purposes based on the information that may be available in our databases, and is not a qualified medical opinion. Any speculation by DxMate should not be considered an advice or opinion of a doctor or other health professional about patient medical state. If you are experiencing a health emergency, you should call your local emergency number immediately to request emergency medical assistance.
- Having read and agreed to this section, you agree to release DxMate from any liability that it might otherwise incur towards you or your patients for death, injury, illness, financial loss, or any other losses.
§ 6 Conclusion and termination of the contract for provision of the Service
- The contract for provision of the Service is concluded for an indefinite period of time upon an Account establishment in the Application and acceptance of the Regulations.
- Termination shall take effect upon removal of the User’s Account from the Application.
§ 7 Payment
- The User is obliged to pay in due time the subscription payment for the use of the Service according to the chosen payment scheme, DxMate account type and the provisions of Terms of Service.
- The subscription payment includes the down payment for the subscription of the chosen DxMate account type. Access to the Service shall be provided to the User for a certain period of time, according to the chosen DxMate account type, upon receiving the subscription payment.
- The User is entitled to pay the subscription payment as a recurring payment, per the chosen payment scheme (recurring payment model). The recurring payment shall be deducted automatically. The User is entitled to authorize Service Provider to process the subscription payment for the chosen account type after the 14 days trial period. The recurring payment will be issued on the first day after the expiration date of the subscription. If the recurring is unsuccessful at that point, Service Provider will retry to complete the payment in the following days and, if the completion of the transaction is unsuccessful, will terminate the Service.
- When the User is not making the payment for the Service on time the Service Provider is entitled to summon the User and then refuse access to the Service and terminate the User account.
After a 14 day free trial time period the User is entitled to become a full paid DxMate User of the chosen account type. The User is entitled to become a full paid User after submitting the payment according to chosen payment plan. If the User after a 14 day free trial period does not submit the payment his/her access to the Service shall be suspended and then the Service Provider is entitled to terminate the User account.
- The amount of the subscription payment is based on the current price list, which is presented on the DxMate website.
- Service Provider reserves, at its sole discretion, the right to change the fees for the Service. The actual subscription payment rates are available at DxMate website. Upon a change, the new payment plan becomes valid starting from the following payment due date, unless you terminate the Service before that date. Service Provider should receive a termination notice within a time period between the date when you received the new payment plan information and the due date; otherwise, the new payment plan shall be deemed as agreed to.
- Where appropriate, tax on goods and services (VAT) is included in the payment price in accordance with currently effective rates. Upon the receipt for each payment Service Provider will issue an invoice for the Service. The User expressly agrees to receive invoices issued by Service Provider by the electronic means of communication.
- Upon the payment, Service Provider sends an email to the User, containing the payment confirmation receipt and an invoice.
- Service Provider maintains no refund policy.
10. In the event of not receiving a payment or any other situation which causes failure to receive payment, or any chargeback imposed on Service Provider that relates to your payment, Servide Provider reserves, at its sole discretion, the right to terminate the Service immediately, without any prior notice to the User.
11. Personal data provided in the course of executing payment transactions are processed by PayLane Sp. z o.o. with registered office in Gdansk, at ul. Arkonska 6/A3, Poland registered in the National Court Register under the number 0000227278 acting as a payment institution intermediating in payment processing.
Recurring payment can be canceled, in case of payment through PayPal, through the PayPal website or, in the case of payment by credit card, through direct contact at email@example.com.
In order to file a complaint, please contact us directly at firstname.lastname@example.org.
§ 8 Rights and obligations of the Service Provider
- The Service Provider represents that it has the necessary technical means to enable cooperation in accordance with the Regulations for all Users of the Application and makes every effort to ensure the highest level of available services.
- The Service Provider has the right to block the account of any User who violates the principles specified in these Regulations and generally accepted principles and norms of using SaaS (Software as a Service) websites and to terminate the contract concluded by accepting these Regulations.
- The Service Provider has the right to maintenance and technical interruptions in operation of Application due to the need for maintenance, Application development, conversion of configuration or exchange of hardware or software, on which the Application is based.
§ 9 Rights and obligations of the User
- The User agrees not to use the Application in a manner being in violation of generally accepted norms and principles of community life and will not broadcast via the Application any content deemed offensive and violating any interest of any social group, companies and businesses, in particular the User is committed to respect the personal rights and intellectual property rights of third parties.
- The User is obliged to provide true personal data necessary for the proper implementation of the Service, as well as to update them. The User assumes all liability for breach of the aforementioned obligation.
- The User bears full and sole responsibility for the results of his/her actions by means of the Application.
- The User is entitled to access to the Application and its data kept by the Service Provider and is obliged to update them.
- The User has the right to initiate a complaint procedure by contacting the Service Provider by e-mail sent to email@example.com.
§ 10 Privacy and data protection
- By creating an account in the Application the User agrees to entering and processing of its personal data by the Service Provider in order to allow the proper provision of the Service, which includes sending to the User’s email address system messages and information on the obstacles, technical interruptions or changes in operation of the Website or Application and sending promotional materials derived from the Service Provider or entities cooperating with it.
- The Service Provider represents that the Cookies sent by the Application and the Website do not collect any personal data of the User until successful Account settlement in the Application. The Service Provider reserves the right to compile statistics characterizing the Users or other visitors to the Website and Application to be presented to potential partners.
- User data are not shared with any entities, third parties, except for situations being legally justified as provided for in the act on the personal data protection of 29.08.1997 (Journal of Laws of 2002, No. 101, item 926, as amended).
§ 11 Our copyrights
- DxMate relies heavily on its unique content to distinguish itself from other competing websites, regardless of whether they are health-related. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
§ 12 Disclaimer of warranties and limitation of liabilities
Infermedica Sp. z o.o. DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. Infermedica Sp. z o.o. DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
For breach or default by Infermedica Sp. z o.o. of any of the provisions of these Terms of Service, Infermedica Sp. z o.o. entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by Customer for the Service that is the subject of the claim in one month's immediately preceding the date the Customer notifies Infermedica Sp. z o.o. of such claim, or in the aggregate, in respect of all claims under or related to the Services provided by Infermedica Sp. z o.o. to the Customer.
IN NO EVENT WILL Infermedica Sp. z o.o. NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF WEBSITE PROFILES, CONTENT, DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
Infermedica Sp. z o.o. is not responsible for any delay or failure in performance of the Service as well as any loss of data, content and/or Website Profile due to Force Majeure or other occurrences that are beyond Infermedica Sp. z o.o. reasonable control. Infermedica Sp. z o.o. is not responsible for short, temporary and accidental suspension of the service, as the result of circumstances which Infermedica Sp. z o.o. could not foresee or suspect.
Infermedica Sp. z o.o. does not own or control other networks, information and systems outside of its own network, nor is Infermedica Sp. z o.o. responsible for performance or non-performance within such networks.
Infermedica Sp. z o.o. exercises no control over and takes no responsibility for the integrity and confidentiality of the Content and Website Profiles hosted, uploaded and/or streamed within the Service when passing over the Internet, especially the Service Provider takes no responsibilities for streaming, publishing and/or making available the Customer Website Profiles by the Users and/or Visitors.
Infermedica Sp. z o.o. may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or Software used to deliver the Service provided that this does not have a material adverse effect on the Service.
The Customer acknowledges that the use of the Service is at Customer's sole risk and Infermedica Sp. z o.o. is in no way responsible for the conduct of the Customer and/or the Content and Website Profiles created and streamed through the Service.
Infermedica Sp. z o.o. shall not be responsible for the quality of Website Profiles created with the use of the Service and received by the final recipient.
Infermedica Sp. z o.o. is entitled to limit, cancel or end contests, promotions and sponsorships before the planned due date.
Infermedica Sp. z o.o. is entitled to provide alternative prize equivalents of its own choice when not able to provide the original prize as originaly declared in contests', promotions' and sponsorships' terms or whereby else.
§ 13 Final Provisions
- Contents of the Regulations is available on the Website and the User is obliged to monitor amendments to the Regulations.
- In matters not regulated by the Regulations the relevant provisions of the Civil Code and the applicable Polish law are applied.
- Parties undertake to resolve any dispute in an amicable manner.
- The Service Provider reserves the right to change the Regulations. These changes come into force after 7 (seven) days from the date of provision of the Regulations in the new version.
- The Regulations shall come into force on 6.11.2013.