Terms Of Service - Infermedica
IMPORTANT NOTE: Symptomate is a registered Class I medical device in the European Union. It is a medical device regulated by the FDA as a general wellness product in the US. It is not yet a licensed medical device in other countries that require registration such as Canada nor Australia, where this software should not be used. However, Symptomate can be freely used in any of the European Union countries or countries that do not require medical device registration such as Mexico, the United Arab Emirates, or Turkey.
Symptomate does not provide a medical diagnosis and should not replace the judgment of a licensed healthcare practitioner. Symptomate provides information to help guide your decision making based on readily available information about symptoms. If you have any questions or concerns about the output of Symptomate, you should consult your licensed healthcare practitioner.
Additional Services (i.e., Infermedica Follow-Up and Health Report) are provided for use in English version and are available in the United States only.
TERMS OF SERVICE
§1 General Provisions
These Terms of Service specify:
principles of operation of the website that includes the Symptomate tool and the mobile application "Symptomate.com",
rules on the provision of services by electronic means,
the rights and obligations of the Service Provider and the Service Recipients,
territorial scope of the use of the Application and Additional Services.
Whenever these Terms of Service refer to:
Additional Services - Infermedica Follow-Up and/or Health Report are services connected with the use of the Application available for Users who wish to use them; these services are currently available on the US only,
Agreement, this means an agreement for provision of services by electronic means, concluded between the User and the Service Provider,
Application, this means the software for portable devices, made available free of charge by the Service Provider, enabling the use of the Services,
Follow-Up Interview, this means a form of interaction between the tool and the User to obtain information about the User after they complete the Interview conducted by Application, with the purpose of generating a Follow-Up Result,
Follow-Up Results, this means a summary of the information following a Follow-Up Interview, which is intended to present potential risks and diseases hypothetically related to the symptoms and conditions provided by the User during the Follow-Up Interview; the Follow-Up Results do not constitute or replace a medical diagnosis or medical advice,
Force Majeure, this means an extraordinary external event occurring after the conclusion of the Agreement, which is unforeseeable and cannot be prevented, and which makes it impossible in whole or in part to perform the obligations arising from the Agreement, including in particular: war, revolution, fire, flood, epidemic, transport limitation, general strike affecting important sectors of the economy, official decisions of state or local authorities, and transport disruption caused by terrorist attacks,
GDPR, this means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, p. 1),
Heath Report, this means a service, provided additionally to those Users who wish to conduct a more thorough health survey, gathering detailed information about their health, for further use as determined by the User. Health Report is not a medical device within the meaning of Medical Device Directive 93/42/EEC concerning medical devices and within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council of April 5, 2017 on medical devices,
Infermedica Follow-Up or Follow-Up, this means the online tool developed and offered by Service Provider, which is designed for educational and informational purposes in terms of building a relationship with the User and verifying the User's health status after the Interview. Infermedica Follow-Up is not a medical device within the meaning of Medical Device Directive 93/42/EEC concerning medical devices and within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council of April 5, 2017 on medical devices,
Interview, this means a form of interaction between the computer system and the User, whereby information is obtained from the User about symptoms and predispositions of diseases of the User or of the third-party beneficiary, aimed at generating a Result; the Interview may be conducted through an interactive system available on the Website and Application,
License, this means a non-exclusive, temporary, revocable, royalty-free license granted to User to use the Application, the Additional Services and/or the Website,
Provision of a service by electronic means, this means provision of the Services and Additional Services, provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the User , transmitted and received by means of devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network in the meaning of the Telecommunications Law of 16 July 2004. - (Journal of Laws No. 171, item 1800, as amended),
Terms of Service, this means these Terms of Service,
Website, this means the "Symptomate.com" Internet website, which consists of the interactive computer software subject to license and other content posted by the Service Provider; the Website is an independent website, but is linked to other websites operated by the Service Provider,
Services, this means all activities provided electronically by the Service Provider to the User within the Application and/or the Website; unless agreed otherwise the Services include also Additional Services,
Service Provider, this means Infermedica spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław, Plac Solny 14/3, 50-062 Wrocław, Poland, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number: 0000429183, with tax identification number (NIP): 8971782877 and registered business number (REGON): 021889810, Current data of the Service Provider are available at https://infermedica.com,
User, this means a natural person over 18 years of age, who has full legal capacity and uses the Services and Additional Services for purposes not related to his or her trade or profession (consumer), but the aim of receiving the Result for themselves or for the third party beneficiary,
Result, this means information in the form of a report generated by a computer system, aimed at presenting potential threats and diseases potentially related to symptoms and predispositions communicated by the User during the Interview; a Result does not constitute or replace medical diagnosis or medical advice.
The current version of these Terms of Service is available free of charge on the Website and in the Application.
By using the Application and/or Website, the User acknowledges and agrees that they shall comply with the terms and conditions set forth in these Terms of Service.
Infermedica registered the Symptomate as a medical device in the European Union. Similar registration may be required in certain other territories, such as Australia or Canada. The Symptomate should not be used if you are a citizen of such other countries. However, some countries, such as Turkey, Mexico, or the United Arab Emirates, allow usage of this kind of software without the necessity of formal certification and you are free to use the Symptomate in those countries.
§2. Acknowledgments and liability of the Service Provider
The purpose of the Website, Additional Services and/or Application is to present to the User, for informational and educational purposes only, potential diseases and illnesses which might not be directly related to the symptoms and illnesses communicated by the User during the use of the Application or Additional Services. The Website, Application and Additional Services shall not be used in an emergency situation. Instead, the User shall stop using the Website Application and Additional Services and contact local emergency services immediately.
The Interview, the Result, and all the content published on the Website, Additional Services, and/or Application are for informational and educational purposes only and may not under any circumstances be interpreted or treated as advice or a consultation or diagnosis of a medical doctor. The Interview, the Result, and all the content published on the Website, Additional Services, and/or Application do not constitute a basis for self-diagnosis, individual treatment or a treatment of the third party based on information obtained through the Website and/or Application. Any information obtained using the Website, Additional Services and/or Application, and in particular information in the form of disease units generated by the computer system in the form of an Interview and a Result, is provided “as is”is and is not, and shall not be deemed to be, any form of health care services and does not replace a medical appointment, medical diagnosis, or any form of consultation with a licensed healthcare practitioner. The User shall always consult a licensed healthcare practitioner before any actions or decisions are taken based on the Interview result.
The User should never reject a doctor's or other licensed healthcare practitioner’s professional advice or cancel a doctor's appointment because of reliance on information read or heard on an Interview Result or Follow-Up Result.
The Service Provider stresses that any pharmaceuticals, including those listed on the Website, Additional Services and/or Application, or also in connection with an Interview, Follow-Up Interview, Health Report or a Result and Follow-Up result, may only be used on the basis of medical or pharmaceutical consultations with a licensed healthcare practitioner.
The Service Provider is entitled to disable the operation of the Website, Additional Services and/or Application, partially or fully, in order to repair or upgrade them without notifying any User in advance. If the Website, Additional Services and/or Application are completely disabled, an appropriate message shall be published on the Website.
The Service Provider is not liable for the following, to the maximum extent permitted by applicable law:
a User's actions or omissions in relation to information obtained through the Website, Additional Services and/or Application,
actions or omissions of a third party for the benefit of which the User conducted an Interview, Follow-Up Interview, or Health Report in connection with information obtained through the Website, Additional Services and/or the Application,
use of medicines and other pharmaceuticals listed on the Website, Additional Services and/or in the Application, as set forth in sec. 2 and 3 above,
non-performance or improper performance of obligations under the Agreement due to a User’s hardware or software being incompatible or defective,
authenticity, reliability, correctness and completeness of data and information provided on the Website, Additional Services and/or in the Application by the Users,
damage caused by the actions of third parties for which the Service Provider is not responsible,
damage caused in connection with the sale of goods and provision of services mentioned in the advertising, promotional and informational content of the Website, Additional Services and/or Application, in particular goods and services performed improperly, in breach of the required standards, violating legal regulations or lacking the offered properties,
interruptions in the functioning of the Website, Additional Services and/or Application for reasons beyond the Service Provider's control, in particular Force Majeure,
any damage or harm arising from the use of the Website, Additional Services and/or Application by Users in a manner contrary to the law or the Terms of Service,
content placed on websites placed in other domains not owned by the Service Provider to which hyperlinks have been placed on the Website, Additional Services and/or Application
use of the Application outside the designated territory of the European Union,
use of the Additional Services in the languages other than English.
The Service Provider shall not be liable for the content of websites not administered by the Service Provider but linked to the Website, Additional Services and/or Application.
The Website, Additional Services and Application, and information contained therein are not and under no circumstances may be construed as an offer in the meaning of the Polish Civil Code. If any prices are included, they should be treated as an invitation to negotiations.
The User may use third-party websites and services through the Website, Additional Services and Applications by using applications relating to such websites or services. The Service Provider is not a party to any agreements for the provision of services by electronic means concluded between the User and a third party and is not responsible for such services.
The Service Provider's liability for the provision of the Services is regulated in the relevant provisions of law, and these Terms of Service should not be construed as grounds for granting an additional guarantee or extending the rights of the User over and above the statutory requirements.
The information contained in the Result, Follow-Up Result and/or Health Report is provided “as is” without any representations or warranties, express or implied, and the reliance on any information provided by the product is solely at the User’s own risk. Additionally, the Service Provider does not warrant that the medical information in the product is complete, accurate, or up-to-date, and the Service Provider does not assume any legal liability arising from the User’s use of the Application or Additional Services, unless the statutory law explicitly prohibit such a waiver.
§3. Services provided by electronic means
Through the Website and/or the Application, the Service Provider provides the following Services:
Interview,
Result.
The Service Provider, through the Website or the Application, enables the User to conduct an Interview for himself or herself or for a third party, e.g. children or people who otherwise cannot use the application directly. The selection is made by clicking the appropriate button at the initial stage of the Interview.
The Service Provider provides Services and Additional Services by electronic means through the Website and/or the Application.
To use the Services and Additional Services properly, the User must fulfill all of the following criteria as a minimum:
they should have a computer device that meets minimum technical requirements or a device on which mobile applications can be downloaded and used, and which complies with Application requirements (in particular a mobile phone, palmtop, smartphone, tablet),
they should have access to the Internet,
they should have access to e-mail,
they should have the web browser Internet Explorer 9 or later, Firefox, Google Chrome, Safari (which supports HTML documents and on which the “cookies” files acceptance option is switched on) and/or other software, in particular which operates on mobile devices,
they should have the capacity to read files in “pdf” format.
The Service Provider is not liable for any improper functioning of the Services and Additional Services due to use of devices which do not meet the technical criteria.
The Services and Additional Services are provided by the Service Provider free of charge, however, the Service Provider reserves the right to begin charging fees for Services and Additional Services in the future which are ordered by the User.
The information on this website is presented by the Service Provider for the purpose of disseminating health information free of charge for the benefit of the public.
The Service Provider has an exclusive right to determine the content of the Application, Additional Services and of the Website. In particular, the Service Provider is entitled to modify and/or erase any content and features of the Application, Additional Services and of the Website, as well as transfer rights to the Application, Additional Services and to the Website to a third party.
The role of Infermedica Follow-Up is to conduct an additional Follow-Up Interview with the User in order to obtain information about what actions the User has taken after the Interview conducted by the Application, and about any changes in the User's condition (i.e., improvement, deterioration, or no change). For these purposes, the User will be asked additional questions, and will be asked to go through the Interview, which will collect information that will allow the system to analyze whether any actions and changes in health status occurred and display Follow-Up Results containing data on any potential medical conditions.
The role of Health Report is to conduct an additional intake survey with the User in order to gather information about risk factors, symptoms, and health history and organize them for the further convenient use of the User. For these purposes, the User will undergo an additional survey that will terminate with the generation of the Health Report.
§4. Terms and conditions of conclusion of the agreement on services by electronic means
The Agreement concerning use of the Website and/or the Application shall be deemed to be concluded by launching the Interview and accepting the Terms of Service.
Conclusion of the Agreement is voluntary. If the User does not agree to the Terms of Service, they are required to promptly delete the Application from their mobile device and/or refrain from using the Website.
The Agreement concerning use of the Website, Additional Services and of the Application shall be concluded from time to time for the duration of the Interview and shall be deemed as performed when the Result, Health Report or Follow-Up Result is provided to the User.
The User shall have the access to the features and content of the Website and of the Application without signing in and/or creating an account beforehand.
Conclusion of the Agreement for the provision of the Additional Services is a separate action from the agreement for the use of Website or Application and involves additional acceptance of these Terms of Service in the scope that refers to the Additional Services and consent to the processing of personal data. Both the conclusion of the Agreement and use of each of the Additional Services is voluntary.
The User gains access to the Additional Services after the User's authentication, which takes place by means of a an email or via text message code sent to the phone number provided by them. These Additional Services are available only to the users based in the USA.
§5. Rules concerning use of the Website and of the Application
Any provision and dissemination of unlawful content by the User through the Website, Additional Services and the Application is prohibited. In particular, the User may not post or publish links and references on the Website, Additional Services and in the Application to websites:
which infringe personal rights and interests of third parties or incite hatred on racial, ethnic, religious, or cultural grounds, or on the grounds of sexual orientation,
which promote pornography and violence,
which are advertisements,
which breach the Pharmaceutical Law of 6 September 2001 – (Journal of Laws no. 126, item 1381 as amended),
which breach rules widely accepted by the Internet community.
The User shall use the Website, Additional Services and the Application in accordance with their intended purpose only. The User may not perform any activities which may disrupt proper functioning of the Website, Additional Services or of the Application. The User is not permitted, on its own and/or with help of third parties, to change, bypass or break security systems of the Website, Additional Services or of the Application, or to take action impacting the Website, Additional Services and the Application in a way that may cause damage and/or overloading of the Website, Additional Services or Application.
The User is liable for their activities connected with use of the Website, Additional Services and of the Application. The User may only use the Services and Additional Services provided by the Service Provider for purposes consistent with the Terms of Service, applicable law, and established custom.
The Service Provider shall use its best efforts to ensure that the Website, Additional Services and the Application function continually. The Service Provider stipulates that interruptions in operation of the Website, Additional Services and the Application may occur due to data updates, repair of bugs, and maintenance work.
While the Service Provider has exercised due care in ensuring the accuracy of the content contained on the Website, Additional Services and the Application, such information is made available on the basis that the Service Provider is not providing professional advice on a particular matter.
The User may not use the Website, Additional Services and the Application for commercial purposes or to advertise medical services, medicines, or other pharmaceuticals. This is an exclusive right of the Service Provider and the Website, Additional Services and the Application partners and is granted with the Service Provider’s consent.
The User may not copy, modify, publish, or reproduce the Website, Additional Services or the Application in whole or in part. It is also prohibited for the User to scrape data (including with the use of automated tools) from the Website, Additional Services or the Application, both in part and in whole.
§6. Termination and withdrawal from the Agreement
The User has the right to withdraw from or terminate the Agreement at any time by ceasing to use the Website. If the Services are provided through the Application, withdrawal from or termination of the Agreement is done by ceasing the use of the Services and uninstalling the Application.
The Service Provider is entitled to terminate the Agreement upon notice with immediate effect if the User infringes the Terms of Service and/or if the User’s activities breach established custom or are harmful to the Service Provider or others.
§7. Intellectual Property Rights
The Application, the Services and the Website are protected by copyright vested in the Service Provider.
Any graphics, technical solutions, texting, software, databases and any other content posted and published through the Website, Additional Services and the Application, as well as the way they are published (layout), are subject to copyright and related rights vested in the Service Provider.
The Service Provider makes it possible for Users to use the Website, Additional Services and the Application, and grants the Users a non-exclusive, revocable, non-transferable, non-assignable, license which is limited in time for use of the Website, Additional Services and the Application, and a License with unlimited territorial scope to use the Website, Additional Services and the Application. The above-mentioned License allows the Users to make multiple hard copies by installing the Application on a mobile device for the purpose for which they are intended and features stipulated in the Terms of Service. The Users are not granted any rights, including intellectual property rights, other than those stipulated in these Terms of Service. In particular, the Users are not granted any right to any use of the Website, Additional Services and the Application source codes. The Users acknowledge that if they breach any of the obligations described above, this may result in infringement of the Service Provider’s proprietary copyright to the Website, Additional Services and to the Application, and may result in criminal liability of the User.
All names and markings of products, services or entities, in particular trademarks, logotypes and/or markings (the “Materials”) of the Services are placed on the Website, Additional Services and in the Application for informational purposes only. The Materials are the exclusive property of the entities concerned, and are used in accordance with the relevant provisions of law, in particular section 29 of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws no. 24, item 83, as amended) and in a way consistent with sections 5 and 9 of the Act of 16 April 1993 on Combating Unfair Competition. No information placed on the Website, Additional Services and in the Application – to the extent in which it is owned by third parties - shall be assigned to the Service Provider, and the Service Provider is not liable for content of such information, views expressed on the Website, Additional Services and in the Application, or rights related to such information.
§8. Complaint procedure
Any complaints concerning the Services provided by electronic means by the Service Provider on the basis of these Terms of Service may be submitted in written form to the following e-mail address: support@infermedica.com.
In order to be properly processed and verified, a complaint must contain the following information, as a minimum:
information identifying the User (e.g., name, surname, e-mail address),
the subject matter of the complaint, and
a statement of reasons for the complaint.
The Service Provider reserves the right to request additional information or clarifications from the complainant if necessary, to process and/or verify the complaint.
The Service Provider shall process the complaint promptly, and within no more than 14 days from the date on which it is received.
The Service Provider will process complaints in accordance with these Terms of Service and applicable provisions of law.
The decision concerning the outcome of the complaint will be delivered to the User via e-mail to the e-mail address provided in the complaint.
The User has recourse to the out-of-court complaint and redress mechanisms before the Permanent Consumer Court of Arbitration competent for the seat of the Service Provider. Information concerning admissibility to this mechanism and procedures for processing claims can be found at: http://spsk.wiih.org.pl/index.php?id=110&id2=109. The User shall also have recourse to the EU ODR Internet platform available at: https://ec.europa.eu/consumers/odr/.
§9. Privacy policy and cookies policy
The Service Provider protects the personal data of Users and processes personal data in accordance with the GDPR as well as with the applicable provisions of domestic law. Detailed information concerning personal data processing and use of cookies files may be found in our Privacy Policy and our Cookies Policy.
§10. Final Provisions
Please be aware that provision of a service by electronic means entails threats characteristic for services of this kind, in particular presence of malware (e.g., viruses, harmful software capable of self-duplication) and/or spyware software (software spying on a user’s Internet activity) as well as vulnerability to hacking and/or phishing (e.g., fraudulent obtaining of passwords). At the same time, please be advised that the Service Provider has taken all necessary steps to minimize all of the threats described above.
Any amendments to these Terms of Service may be enacted at any time and take effect from the amended Terms of Service being placed on the Website, Additional Services and in the Application. The User may terminate the Agreement if any amendments are made to these Terms of Service. Use of the Website, Additional Services and the Application once amendments take effect constitutes acceptance of the amended Terms of Service.
By using the Website, Additional Services and/or the Application, the User accepts these Terms of Service and undertakes to comply with all rules in these Terms of Service.
The governing law of the agreement concluded on the basis of these Terms of Service is the law of the Republic of Poland, and this shall be without prejudice to provision 6(1)(2) of Regulation (EC) no. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Applicable provisions of Polish law, in particular the Civil code and other Polish acts, including the Act on Provision of Services by Electronic Means and Act on Consumer’s Rights, apply to all matters not regulated in these Terms of Service.
In the case of agreements concluded by consumers (i.e., persons who conclude agreements for purposes other than commercial or professional use), when:
the Services are provided in the country where the consumer has their habitual residence, and/or
the provided Services are in any way directed to this country or to several countries including that country, and the agreement falls within the scope of those Services, the choice of Polish law as the governing law as described in sections 4 and 5 shall be without prejudice to protection enjoyed by consumers under the law in the country of habitual residence which would be afforded to them if no governing law was selected. In such a situation – regardless of the governing law chosen on the basis of sections 4 and 5 – those provisions which are more beneficial for consumers shall apply.
These Terms of Service take effect on December 18, 2023.