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Terms Of Service - Infermedica

IMPORTANT INFORMATION: Symptomate is a registered Class I medical device in the European Union. It is also a medical device regulated by the FDA as a general wellness product in the US territory. It is not yet a registered medical device in other countries that require registration, such as Canada and Australia, where the software should not be used. However, Symptomate can be freely used in any of the European Union countries or in countries that do not require medical device registration, such as Mexico, the United Arab Emirates and Turkey, for example.

Symptomate does not provide a medical diagnosis and should not substitute for the evaluation of a qualified health care professional. The software provides information to help make decisions based on readily available symptom information. Should you have any questions or concerns about your Symptomate results, consult a qualified health care professional.

"Symptomate.com" Terms of Service

§1 General Provisions

  1. These Terms of Service set forth:

    1. The rules of the website and mobile application “Symptomate.com”,

    2. rules for providing services electronically,

    3. The rights and obligations of the Service Provider and Clients,

    4. territorial scope of use of the Application.

  2. Whenever the Terms of Service refer to:

    1. a) Application, means software for mobile devices, provided free of charge by the Service Provider enabling the use of the Services,

    2. b) License, means a non-exclusive, temporary, revocable and royalty-free license granted to service recipients to use the Application or service,

    3. c) Terms of Service, shall mean these terms of service,

    4. d) GDPR, shall mean Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ.EU.L No. 119, p. 1),

    5. e) Service, means the "Symptomate.com" website, consisting of the interactive computer software that is the subject of the License, other content posted by the service provider; the Service is a stand-alone website, but is linked to other websites operated by the service provider,

    6. f) Force Majeure, means an extraordinary event of an external nature, arising after the conclusion of the contract and impossible to foresee, which cannot be prevented, which prevents in whole or in part the performance of the obligations under the contract, including in particular: war, revolution, fire, flood, epidemic, restriction of transport, general strike affecting important branches of the economy, official decisions of state or local authorities and transport disruptions caused by terrorist attacks,

    7. g) Provision of services by electronic means, means the performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient of the service, transmitted and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Law of July 16, 2004. - Telecommunications Law (Dz.U. [Journal of Laws] No. 171, item 1800, as amended),

    8. h) Contract, means a contract for the provision of services by electronic means, concluded between the service recipient and the service provider,

    9. i) Services, means any services provided electronically by a service provider to a service recipient through an Application or Service,

    10. j) Client, means a natural person who is at least 18 years old, has full legal capacity and uses the Services for purposes unrelated to his/her business or professional activity (consumer), but in order to obtain a Result for himself/herself or for a third party,

    11. k) Service Provider, it shall mean Infermedica spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław, Plac Solny 14/3, 50-062 Wrocław, entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Department of the National Court Register, under KRS number: 0000429183, NIP: 8971782877 and REGON: 021889810. Current details of the Service Provider are available at https://infermedica.com,

    12. l) Result, means the information in the form of a report generated by the computer system after the Interview, aimed at presenting potential risks and diseases potentially related to the symptoms and predispositions given by the Service Recipient during the Interview; the Result does not constitute or replace medical diagnosis or medical advice,

    13. m) Interview, means a form of interaction between the computer system and the Service Recipient, involving the obtaining of information from the Service Recipient about the Service Recipient's or a third party's disease symptoms and predispositions, with the purpose of generating a Result; the Interview may be conducted through an interactive system provided on the Site or Application.

  3. The current version of the Terms of Service is made available free of charge on the Service.

  4. By using the Application or the Service, the Client agrees to comply with the Terms of Service.

  5. Infermedica has registered the Application as a medical device in the European Union. Similar registration may also be required in some countries, such as Australia and Canada. The Application should not be used by citizens of these countries. However, some countries such as Turkey, Mexico and the United Arab Emirates allow the use of this type of software without formal registration and you can freely use the Application in these countries.

§2 Statements and liability of the Service Provider

  1. The purpose of the Service or Application is to present to the Client, for informational and educational purposes only, potential diseases and conditions that may or may not be directly related to the symptoms and disease predispositions provided by the Client during the Interview, in order to present the Result. The website should not be used in emergency situations. Instead, the User should immediately stop using the website and contact local emergency services.

  2. The Interview, the Result, and all content on the Service or Application are for informational and educational purposes only and may not be interpreted or treated in any way as advice, consultation or diagnosis by a physician. They are also not the basis for self-diagnosis and individual treatment or treatment of a third party based on information obtained through the Service or Application. Any information obtained through the use of the Service or the Application, and in particular information in the form of disease data generated by the computer system in the form of Interview and Result, is not any form of health care service and is not a substitute for a medical visit, medical diagnosis or any form of consultation with a doctor. Clients should always consult their health problem before taking any action or decision based on the result of the Interview.

  3. Clients should never reject a doctor's professional advice or cancel a medical appointment because of reliance on information read or heard in the Interview Result.

  4. The Service Provider indicates that the basis for the use of any pharmaceuticals, including those mentioned in the Service or Application also in connection with an Interview or Result, can only be a medical or pharmaceutical consultation.

  5. The Service Provider shall be entitled to partially or completely disable the operation of the Service or the Application for the purpose of repairing or upgrading the Service or the Application without prior notice to Clients. In the event of a complete shutdown of the Service or Application, an appropriate message will be published on the Service Provider's website.

  6. The Service Provider shall not be liable for:

    1. actions or omissions taken by Clients in connection with information obtained through the Service or the Application,

    2. actions or omissions taken by third parties for whose benefit the Client conducted the Interview, in connection with the information obtained through the Service or the Application,

    3. use of medications and other pharmaceuticals listed in the Service or Application in accordance with paragraphs 2 and 3 above,

    4. non-performance or improper performance of obligations under the Contract resulting from defective hardware or software of the Client,

    5. the authenticity, reliability, correctness and completeness of the data and information posted on the Service or Application by Clients,

    6. damages caused by the actions of third parties for which the Service Provider is not responsible,

    7. damages caused in connection with the sale of goods and the provision of services to which the advertising, promotional and informational content posted on the Service and Application relates, in particular, goods and services performed improperly, without meeting the required standards, violating the law or lacking the offered characteristics,

  7. interruptions in the operation of the Service or Application resulting from causes beyond the Service Provider's control, in particular constituting Force Majeure,

  8. any damage caused by the use of the Service or the Application by clients in violation of the law or the Terms of Service,

  9. content posted on websites located on other domains not owned by the Service Provider, to which hyperlinks are included in the Service or Application,

  10. use of the Application outside the designated territory of the European Union.

  1. The Service Provider is not responsible for the contents and content of websites not administered by the Service Provider, which are linked to the Service or the Application.

  2. The Service, the Application and the information contained therein are not and in no way can be construed as an offer within the meaning of the Civil Code. If any prices are posted, they should be considered an invitation to negotiate.

  3. The Client has the ability to use third-party sites and services through the Service and Application by using applications relating to such sites or services. The Service Provider is not a party to contracts for the provision of electronic services between the Client and a third party and is not responsible for these services.

  4. The Service Provider's liability for the provision of the Service is contained in the relevant legal regulations, and the Terms of Service should not be read as a basis for providing additional guarantees or extending the rights of the Client beyond the statutory requirements.

§3 Services provided electronically

  1. The Service Provider, through the Service or Application, enables the use of the following Services:

    1. the Interview,

    2. the Result.

  2. The Service Provider, through the Service or the Application, allows the Client to conduct an interview for himself or for the benefit of a third party, such as children or persons who are otherwise unable to use the application directly. The selection is made by clicking the appropriate button at the initial stage of the Interview.

  3. The Service Provider provides the Services electronically through the Service or the Application.

  4. Proper use of the Service requires the combined fulfilment, on the part of the Client, of at least the following technical requirements:

    1. having a computer device with the required minimum technical parameters or a device that allows downloading and operating mobile applications suitable for the requirements of the Application (in particular, a cell phone, PDA, smartphone, tablet),

    2. Internet access,

    3. email access,

    4. Firefox, Google Chrome, Safari web browser (which supports HTML documents with the option to accept "cookies" enabled) or other software in particular running on mobile devices,

    5. possibility to read files in ".pdf" format.

  5. The Service Provider is not responsible for malfunctions of the Service resulting from the Client's failure to meet the technical requirements.

  6. Provision of Services by the Service Provider is free of charge. The Service Provider reserves the right to introduce in the future also paid Services ordered by the Client.

  7. The information on this website is presented by the Service Provider for the free dissemination of health information in the interest of the public good.

  8. Shaping the content of the Application and the Service is the sole prerogative of the Service Provider. The Service Provider is entitled, in particular, to modify and delete the content and functions of the Application and Service, as well as to transfer the rights to the Application and Service to a third party.

§4 Terms for the conclusion of the contract for the provision of services by electronic means

  1. The Contract is concluded by the commencement of the Interview and involves acceptance of the Terms of Service.

  2. The conclusion of the Contract is voluntary. In the event of non-acceptance of the Terms of Service, the Client shall immediately remove the Application from the mobile device and refrain from using the Service.

  3. The Contract for use of the Service and Application is concluded each time for the duration of the Interview and is executed in full upon delivery of the Result to the Client.

  4. The Client gains access to the functionality and content of the Service and Application without registering or creating an account.

§5 Rules of use of the Service and Application

  1. It is prohibited for the Client to provide and distribute unlawful content on the Service and Application. In particular, the Client undertakes not to post or transmit content or links to websites on the Service and the Application, that is:

    1. violating the rights and property of third parties, calling for racial, ethnic, religious, cultural hatred, and regarding sexual orientation,

    2. promoting pornography and violence,

    3. advertising,

    4. contrary to the law of September 6, 2001. - Pharmaceutical Law (Dz.U. No. 126, item 1381, as amended),

    5. inconsistent with the rules generally accepted in the Internet community.

  2. The Client is obliged to use the Service and the Application only for their intended purpose. The Client is obliged not to take actions that interfere with the Service and Application. The Client shall not, by itself or with the assistance of third parties, alter, circumvent or break the security features of the Service and the Application, and shall not adversely affect the Service and the Application causing damage to them or leading to their overload.

  3. The Client is responsible for his/her actions related to the use of the Service and the Application. The Client may use the Services provided by the Service Provider only for purposes that are in accordance with the Terms of Service, generally applicable law and morality.

  4. The Service Provider will endeavour to ensure that the Service and Application function continuously. The Service Provider stipulates that there may be interruptions in the operation of the Service and the Application in order to update data, fix errors and perform other maintenance work.

  5. Although the Service Provider has taken due care to ensure the accuracy of the content on this Website, the information on this Website is provided with the caveat that the Service Provider does not provide professional advice on a particular issue.

  6. The Client may not use the Service and Application for commercial purposes and advertising of medical services, drugs and other pharmaceuticals. Only the Service Provider and, with its consent, the partners of the Service and Application have this right.

  7. The Client is not allowed to copy, modify and distribute and reproduce all or part of the Service and Application. It is also prohibited for the User to download data (including using automated tools) from the Service or the Application, either in part or in whole.

§6 Termination and withdrawal from the Contract

  1. The Client has the right to withdraw from the Contract and terminate it at any time by ceasing to use the Service. If you use the Services using the Application, the Contract is cancelled or terminated by uninstalling the Application.

  2. The Service Provider may terminate the Contract by a unilateral statement of intent with immediate effect if the Client violates the Terms of Service or his actions are contrary to good morals, or if they are detrimental to the Service Provider or other Clients.

§7 Intellectual property rights

  1. The Application and the Service as a whole are protected by copyrights, which belong to the Service Provider.

  2. All graphic elements, technical solutions, text, software, databases and other materials placed and made available within the Service and Application, as well as the way they are presented (layout), are subject to legal protection in terms of copyright and related rights vested in the Service Provider.

  3. The Service Provider, in order to enable the Clients to use the Service and the Application, grants the Clients a non-exclusive, revocable, non-transferable, non-transferable, granted for the duration of the use of the Service and the Application, territorially unlimited License to use the Service and the Application. The aforementioned License entitles clients only to reproduce permanently by installing the Applications on a mobile device for use in accordance with their purpose and functionality as specified in the Terms of Service. Clients are not entitled to any other rights, including intellectual property rights, beyond those expressly stated in the Terms of Service, in particular, Clients are not entitled to any use of the source codes of the Service and the Application. Clients acknowledge that failure to comply with the above obligation may result in infringement of the Service Provider's copyrights in the Service and Application, and the Service Provider may be held legally liable therefor.

  4. All names and designations of products, services or entities, in particular trademarks, logos or signs (hereinafter referred to as: the Materials) of the services have been placed on the Service and Application for informational purposes only. The Materials are the exclusive property of the respective entities and have been used in accordance with the relevant regulations, particularly in accordance with Article 29 of the Law on Copyright and Related Rights of February 4, 1994 (Dz.U. No. 24, item 83, as amended) and in a manner that does not violate the provisions of Article 5 and Article 9 of the Law on Combating Unfair Competition of April 16, 1993 (Dz.U. No. 47, item 211, as amended). Nothing contained in the Application and Service shall be construed as attributing to the Service Provider responsibility for the content provided in the Application and Service, the posts presented therein, or the ownership or disposition rights to the aforementioned content or the Application and Service - to the extent that they belong to third parties.

§8 Complaint procedure

  1. Complaints regarding Services provided electronically by the Service Provider under the Terms of Service, the Client may submit in writing to the e-mail address: support@infermedica.com.

  2. A properly submitted complaint should contain at least the following details:

  1. identification of the Client (first name, last name and electronic address),

  2. subject of the complaint,

  3. circumstances justifying the complaint.

  1. The Service Provider reserves the right to require the complainant to provide information or clarification when the investigation of the complaint requires it.

  2. The service provider shall consider the complaint promptly, but no later than within 14 days of receipt.

  3. The Service Provider, when considering a complaint, will apply the Terms of Service and generally applicable regulations.

  4. The decision on the complaint will be communicated to the client at the e-mail address provided in the complaint.

  5. The Client has the option of using out-of-court means of handling complaints and pursuing claims before the Permanent Consumer Arbitration Court having jurisdiction over the Service Provider's registered office. Information on how to access the aforementioned dispute resolution mode and procedures can be found at http://spsk.wiih.org.pl/index.php?id=110&id2=109, among others. The Client also has the option to use the EU ODR online platform, available at https://ec.europa.eu/consumers/odr/.

§9 Privacy and cookies policy

  1. The Service Provider protects Clients' personal data and processes personal data in accordance with GDPR and national regulations. For detailed information on the processing of personal data and the use of cookies, please refer to the Privacy Policy and the Cookies Policy.

§10 Final provisions

  1. The Service Provider informs that the use of Services provided electronically involves risks specific to such services, in particular the presence of malware (e.g. computer viruses, malicious software capable of self-replication) or spyware (software that spies on the User's online activities), as well as the possibility of being exposed to cracking or phishing (password hunting). At the same time, the Service Provider informs that it has taken all necessary steps to minimize the aforementioned risks.

  2. Amendments to the Terms of Service may be made at any time and become effective on the date the amended Terms of Service are made available on the Service and Application. An amendment to the Terms of Service gives the Client the option to terminate the Contract. The Client's use of the Service or the Application after these changes is tantamount to acceptance of the amended Terms of Service.

  3. By using the Service or Application, the Client accepts the provisions of these Terms of Service and agrees to abide by all the rules contained therein.

  4. The Contract entered into under these Terms of Service shall be governed by the laws of the Republic of Poland, without prejudice to the provisions of Article 6 paragraphs 1 and 2 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of June 17, 2008 on the law applicable to contractual obligations (Rome I). In matters not regulated by the Terms of Service, the provisions of the Polish Civil Code and relevant Polish laws shall apply, in particular the Law on Provision of Electronic Services and the Law on Consumer Rights.

  5. In the case of contracts entered into by consumers (i.e., persons entering into it for a purpose unrelated to their economic or professional activity), when the Services are provided:

    1. in the country where the consumer has his/her habitual residence or

    2. in any way directed to this country or to several countries including this country, and the contract falls within the scope of such activity, choice of the law of the Republic of Poland, as referred to in paragraphs 4 and 5, does not deprive them of the protection granted to them under the laws of their country of habitual residence, which they would be entitled to, in the absence of the choice of law. In such a situation - regardless of the choice of law referred to in paragraphs 4 and 5 - those regulations that are more favourable to the consumer will apply.

  6. The Terms of Service take effect on June 26, 2023.