2. Corporate Information
Infermedica Sp. z o.o.
Plac Solny 14/3
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“Service” refers to the services that we provide through our Site or Chat bot, including our provision of general medical knowledge, as well as the Site itself;
“App” refers to the application that Symptomate makes available for download either on our Site or through a third party mobile app store;
“Site” refers to our website,symptomate.com
“Chat bot” refers to our checkup service that operates via Facebook Messenger platform and may be accessed by initiating conversation with our Symptomate Facebook page
“Symptomate” refers to our company, known as “Infermedica Sp. z o.o.;” our Site, located atsymptomate.com; or a chat-bot interface available through the Facebook Messenger; or our Service, depending on the context of the word;
“User” refers to users of our Service (including Facebook users who have initiated conversation with our Chat bot), and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Symptomate.
4. Our Service
Symptomate allows its Users to submit certain information about themselves and any symptoms they may have through our Service or our App. We then provide a preliminary health evaluation of potential problems that the User may have based on our informational database, and make recommendations regarding potential physicians, health insurance policies and pharmaceutical providers.
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, Symptomate, 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 Symptomate as an alternative to visiting a licensed medical doctor to determine the cause of any symptoms that you may be facing.
Please note that the preliminary health evaluation provided is done so solely for informational and recreational purposes based on the information that may be available in our databases, and is not a qualified medical opinion. Any speculation by Symptomate should not be considered advice or an opinion of a doctor or other health professional about your actual medical state, and you should see a doctor for any symptoms you may have. 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 Symptomate from any liability that it might otherwise incur towards you for death, injury, illness, financial loss, or any other losses.
Because of the nature of legal contracts, in that we cannot bind a third party to this disclaimer without this consent, you agree that you will use Symptomate only to obtain a preliminary health evaluation for yourself. For example, you are not permitted to use our Service to evaluate your child’s symptoms.
7. Limited License for Our App and Service
We may make the App or our Service available for downloading on our Site or elsewhere, such as a third party store dedicated to the promotion and sale of apps. When you download our App, you are given the right to download one copy of the App at the price listed, if any.
By purchasing our App or Service you gain no ownership interest in our App, you merely receive a license to download and use our App or Service within the confines of this Agreement. We grant you a non-commercial personal, non-exclusive, limited license to use our Site and download our App. You acknowledge that we maintain all right, title, and interest in our App. This means you cannot sell our App anywhere else, share your license to use our App with anyone else, reverse engineer or otherwise attempt to copy our App, or try and make money off of it without our express written permission. Even if we offer our App or Service for free, you must still abide by these provisions and you may not copy or otherwise use our App in a manner prohibited by this section.
Furthermore, you agree that we will not be liable for refunding anything if the license is terminated as a result of your breach of this Agreement or if the App or our Service was purchased more than thirty days prior to the termination (this is necessary because, for example, we cannot guarantee that Symptomate will operate as a business indefinitely).
8. Modification of App and Chat bot
We reserve the right to alter, update, or remove our App from your system at any time, or demand that you do so. We also reserve the right to alter, update or remove our Chat bot from the Facebook Messenger platform. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal or other purposes.
9. Apps, Site and Chat bot Availability
We do not guarantee that the Apps, Site or Chat bot will always be available, work, or be accessible at any particular time via any app store or marketplace. Only users who are eligible to use our App may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the App will work as advertised, or that it will give you the desired results.
10. Wireless Charges
Please be aware that we are not responsible for any data charges your wireless phone service provider may charge you when using our App or Service. It is solely your responsibility to review the pricing policies and pay for for any data or internet charges billed by your wireless phone service provider.
11. Rules of Use
Meeting the above eligibility criteria will permit you to access our Service, but you must follow some rules subsequent to being given access. In addition to being required to follow this Agreement, any other legal agreements, and the provisions of any applicable laws, you must not:
Violate the laws of the European Union, the Republic of Poland, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Symptomate Site, Service, or its Users’ computers.
Use our system to provide diagnoses or other medical advice to third parties, regardless of whether you claim to them to be a medical professional or layman.
Do anything else which, in Symptomate’s judgment, might bring our business into disrepute or harm the interests of Symptomate or any third party.
12. Payment & Referrals
Symptomate may be accessed online at Symptomate.com or through our App or thorugh Chat Bot, which may be sold within third party app stores. All billing for app downloads is conducted by these third party app stores and you should contact these stores for any issues you have regarding billing matters.
When interacting with Symptomate, you may be able to use our Service to obtain a referral to a physician, buy a health insurance policy, or use an online pharmacy which is partnered with Symptomate. Please be advised that a) Symptomate may receive financial compensation for such referrals and affiliate programs and; b) these companies are third parties and no agreement you have with Symptomate establishes any legal rights in relation to these third parties. Because these physicians, insurers, and pharmacies are third parties and not privy to this Agreement, it is strongly suggested that you review your contracts with them carefully. You also agree that, notwithstanding any other statements made by Symptomate, we make no representations as to the effectiveness or reliability of any third party provider mentioned on our Site.
13. Our Copyright
Symptomate relies heavily on its unique content (including medical content, text, video, audio, and images) to distinguish itself from other competing websites, regardless of whether they are health-related. Because of this, it is important that we protect our content from being copied and reposted, as it both removes our uniqueness in the eyes of consumers, and has the potential to lower our search engine rankings due to the fact that our content is duplicated on websites located elsewhere on the Internet. Because of this, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
14. Your Copyright
Symptomate must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, the arrangement of data that you upload about yourself (such as your name, e-mail address, physical attributes, etc.). Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Symptomate” and “Infermedica” are trademarks used by us, Infermedica Sp. z o.o., to uniquely identify our Site, Service, and business. These trademarks are well-known within the meaning of Article 6bis of the Paris Convention for the Protection of Industrial Property and protected further by the Council of the European Union’s Trademarks Directive (2008/95/EC). You agree not to use these names to identify or promote a third party service or product without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own health-related website.
16. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
17. Copyright & Trademark Infringement
Symptomate does not permit the posting of information to its Site at this time, though it may permit comments on its Facebook and Twitter pages. Although these third parties already have a policy to prohibit intellectual property infringement, we take copyright infringement very seriously. Symptomate does not concede that it is subject to U.S. law, but as a preemptive measure, we have registered a Copyright Agent with the United States Copyright Office, which limits our liability for copyright infringement under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
The name of the party whose copyright has been infringed, if different from your name.
The name and a description of the work that is being infringed.
The location on our website of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Symptomate.com Copyright Agent
Plac Solny 14/3
If sending the notification by e-mail, an electronic signature is acceptable.
Although U.S. law does not provide for a similar procedure for trademark infringement allegations, we recommend that you send us similar information to that above in regard to any allegation of trademark infringement, and we will address it as soon as practicable.
If you have an intellectual property complaint (copyright, trademark, or otherwise) which you believe is subject to the laws of Poland or some other jurisdiction other than the United States, please follow the same procedure as that suggested for trademark infringement allegations.
18. Communications Decency Act
Although we are not liable for any defamatory material published by third parties on our Facebook, Twitter, or other similar accounts, we do prohibit defamation by any of our Users or other third parties, which is unlawful under Article 212 of the Polish Penal Code. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory and, where we believe it is warranted, we will take action as soon as practicable.
19. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR OR BILLING COMPANY, INCLUDING AN APP STORE AND THE CREDIT CARD YOU USE TO TRANSACT BUSINESS WITH THAT APP STORE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
WE ARE NOT LIABLE FOR ANY FAILURE, NEGLIGENCE, OR OTHER TORTIOUS ACTIVITIES ON THE PART OF ANY THIRD PARTY TO WHOM YOU MAY BE REFERRED BY SYMPTOMATE, SUCH AS A PHYSICIAN, HEALTH INSURANCE PROVIDER, OR PHARMACY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. You must not use Symptomate to provide diagnoses or other health information to third parties and this indemnity clause extends to any damages which may be incurred as a result of such unauthorized use of our Service.
21. Choice of Law
This Agreement shall be governed by the laws in force in the Republic of Poland. The offer and acceptance of this contract are deemed to have occurred in the Republic of Poland.
22. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Republic of Poland. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest court of original jurisdiction having the jurisdiction to hear civil matters (“Small Claims Court”). In addition to this, if you are a resident of the European Union, you agree to follow the European small claims procedure described in the Council of the European Union’s Regulation No 861/2007.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction for the European small claims procedure is 2,000 Euros.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
23. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Symptomate shall have the sole right to elect which provision remains in force.
Symptomate reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
26. Termination & Cancellation
We may terminate your account or your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
27. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
28. Geolocation Data
Our App may use the geolocation data transmitted from your mobile device’s GPS unit, as well as information inferred from your mobile number (such as your area code), to determine your location and use if for the purpose of marketing and analyzing customer information. Specific location information will not be transmitted to any third parties, but will be known by Symptomate. As a condition of our providing you with our Service, you consent to providing us with this information and our use of the information.
29. Compliance With Third Party App Stores
Please be aware that all users must comply with any rules and regulations governing the downloading of our App through any third party app stores. In addition to agreeing and complying with this Agreement, users must also comply and agree with all terms, rules, eligibility requirements, instructions, or notifications set forth by the third party app store where they may download our App. Failure to comply with a third party app store’s terms, rules, eligibility requirements, instructions, or notifications will result in the immediate revocation of your user license to use our App.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes on this page and e-mail you that there has been a change. If you do not agree to the changes, you must cease using our Site and Service immediately.
31. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Symptomate must be addressed to our agent for notice and sent via mail or courier to: Piotr Orzechowski, Plac Solny 14/3, Wroclaw, Dolnoslaskie, 50-062, Poland. Regardless of which method is used, you must ensure that where available, a tracking service is used.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: July 27, 2016