Platform Regulations

 

Article 1 – General provisions

 

  1. These Regulations [Regulations] specify the terms and conditions for the provision of services [Services] by Titanis sp. z o.o. with its registered office in Warszawa, a company with a share capital of PLN 10,500.00, entered in the register of entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warszawa in Warszawa, 13th Commercial Division of the National Court Register under KRS no. 0000429041, NIP [Tax ID No.]  5213634814, REGON [Business Register No.]: 146242218, [Service Provider], who for this purpose maintains an appropriate ICT system provided under the names Neuroforma or Teleneuroforma which consists of applications and other IT components made available in a Software as a Service (SaaS) model [Platform].
  2. The Services are provided in accordance with the provisions of Polish law, including the Act on providing services by electronic means. Using the Services is tantamount to selecting the law applicable in the Republic of Poland as governing law.
  3. The Services provide those in need [Recipients] with support as regards improvements in their physical fitness or rehabilitation support, in particular by giving them access to exercises which they can complete on their own and by allowing them to store and disclose data regarding their use of the Platform (including video recordings and communication). In turn, with respect to healthcare facilities as well as individual or group practitioners [Entities] that provide services which may, in particular, constitute medical services covered by the scope of applicable legal regulations, or other services pertaining to the improvement of one’s mental and/or physical fitness but not covered by said regulations, these facilities and practitioners may purchase access to the Platform’s contents and functionalities, along with the feature whereby they may use the Platform to observe Recipients and advise them on the manner, type, and the number of repetitions of exercises that they perform. In doing so, the Entities support the services provided by the Platform to the Recipients. At the Recipient’s request, the Platform may also record and store recordings of how the Recipient completes the exercises available on the Platform, and may make such recordings available to selected Entities or specialists employed or engaged by said Entities [Specialists].
  4. Additional functionalities, such as contact forms and internal messenger, which allow asynchronous communication between the User and the Service Provider, as well as between Entities and Recipients (where said Entities use the communication features to provide their services to the Recipients), also form part of the Services. Asynchronous communication systems referred to in this Section may also be used for interaction between Users and for the transmission of marketing information to Users who provide relevant consent. The Platform also enables the Recipients to store and share the data collected in the course of communication with chosen Specialists.
  5. Whenever the Regulations refer to Users, they are to be understood collectively as both the Entities and the Recipients. Whenever the Regulations refer to the Entities’ use of the Platform, this is to be understood as including the use of the platform on part of persons employed or engaged by the Entities or other persons who have obtained access to the Platform from the Entities.

Article 2 – User

 

  1. The Recipient is any natural person who satisfies all of the following conditions:
    1. they have full or limited capacity to perform acts in law – in the latter case, consent of their legal guardian is required;
    2. they consent to be bound by the Regulations and become familiar with the Privacy Policy which applies to the Services;
    3. they successfully complete the verification process for the account they create in the Platform.
  2. The Entity is any natural person, legal person, or an organisational unit without legal personality but with statutory legal capacity which satisfies all of the following conditions: 
    1. they have full capacity to perform acts in law;
    2. they have an up-to-date entry in a relevant register (including the register of healthcare institutions or physical therapy clinics), or have satisfied other formal obligations required for the activities they carry out;
    3. they consent to be bound by the Regulations and become familiar with the Privacy Policy which applies to the Services. With respect to legal persons and organisational units, consent must be given by their authorised representative(s);
    4. they successfully complete the verification process for the account they create in the Platform.

Article 3 – Registration

  1. In order to gain access to the Services, Users are obliged to register in the Platform and provide the following data:
    1. their e-mail address or that of their authorised representative;
    2. their first name and surname or those of their authorised representative.
  2. Moreover, a User who registers themselves as an Entity must submit a declaration that they have satisfied the legally required conditions for conducting activities using the Platform, as regulated by law. At every request of the Service Provider, under the penalty of limiting the functionality of deleting the Entity’s account, the Entity must also submit data or documents confirming the veracity of said declaration, including, in particular:
    1. a copy of their entry in the National Court Register (for legal persons and organisational units) or a printout of their entry in the Central Register and Information on Economic Activity (for natural persons);
    2. a separate document confirming that the persons making the declaration of intent on behalf of the User to be bound by the Regulations and become familiar with the Privacy Policy are empowered to do so (for legal persons). The Service Provider may require such persons to have their identity verified e.g. by making a verification bank transfer from their personal account;
    3. a printout of their entry in the register of healthcare institutions or physical therapy clinics or of an entry in another register, if such a record is required (for Entities). 
  3. Provision of data listed above is necessary to identify the User, and the refusal to do so may result in their registration on the Website being denied, and the Service Provider being unable to render the Services for them. Personal data provided by the User while registering on the Platform and using it which constitute personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119) [GDPR] will be processed in accordance with the Service Provider's Privacy Policy.

Article 4 – Accounts

  1. The User may create the following types of accounts:
    1. for the Recipient – a Recipient Account – allowing access to the exercise panel and social media features of the Platform, including access to a certain scope of data of other Recipients with which the Recipient’s account is linked;
    2. for the Entity: 
      1. a Specialist Account – allowing access to the exercise panel and social media features of the Platform, as well as to the Recipient panel that gives insight into the Recipients’ recordings of how they perform exercises, and allows the Entities to send recommendations on how to complete the exercises;
      2. an Entity Account – allowing access to the exercise panel and social media features of the Platform, as well as insight into all Specialist Accounts maintained for Specialists employed or engaged by the given Entity.
  2. Entity Account statuses are assigned to Users who successfully register as an Entity.
  3. Specialist Account statutes are assigned to accounts indicated by a registered Entity as those belonging to Specialists employed or engaged by them. The Service Provider may require that the Specialist's professional practice number in the relevant register be provided, or that a declaration be made that they are not entered in the relevant register.
  4. Specialist Accounts can be linked to Recipient Accounts of the Specialists’ patients or customers using the relevant functionality of the Platform. This allows the holder of a Specialist Account to see how the Recipient performs exercises, and to provide commentary and advice by means of electronic asynchronous communication as well as allows the Recipient to share video recordings and communication gathered on the Recipient Account with the Specialist.
  5. Specialist and Entity Accounts can also be linked provided that the given holder of a Specialist Account is employed or engaged by the given Entity. Where Specialist and Entity Accounts are linked, all Recipient Accounts linked to the given Specialist Account also become linked to the Entity Account.
  6. Users of Entity Accounts can access Specialist Accounts of people employed or engaged by the given Entity, and have insight into exercise recordings of Recipients who are the given Entity’s patients. 
  7. Recipient Accounts may also be linked, thus allowing access to certain data, and interaction between the Recipients.

Article 5 – Subject matter of the Contract

  1. As part of the Platform, the Service Provider operates the https://app.neuroforma.pl/ website [Website].
  2. As part of the Services, having logged into the Platform via the Website using the data received at the time of registration, basic access Recipients may access the exercise database, complete the exercises, monitor in real time the manner in which they perform the exercises, and compare it with the model performance available in the Platform.
  3. With premium access to the Platform:
    1. the Recipient gets individual support from a Specialist in performing exercises using the Platform, which includes remote dedicated training programmes, manuals, and messages from the Specialist;
    2. provided that the Recipient gives additional consent to make recordings (and that they have a camera connected to the device they use to visit the Platform), the Recipient may use the Platform to record themselves doing exercises and share those recordings with the Specialist Account linked to their own account in order for the Specialist to assess the manner in which the Recipient performs the exercises and to give further advice.
  4. The User may obtain premium access to the Platform by either:
    1. purchasing a relevant plan at a price specified in the pricing list available on the Website, or
    2. obtaining access from the Entity from which they purchased a relevant plan at a price specified in the pricing list available on the Website.
  5. As part of the Services, the Entity may use the Platform to organise and support the exercise process for selected Recipients. In particular, the Entity may use accesses to the Services it purchased on its own behalf and at its own cost to support therapeutic processes of its patients in such a way that these accesses are transferred to selected persons (who already are a Recipient within the Platform or who are yet to have their account created), and that the Recipient Account becomes linked to the Specialist Account of a person employed or engaged by the Entity.
  6. The Entity is obliged to ensure that new Users who are to be granted access to the Platform in line with Section 5 above accept these Regulations and read the Privacy Policy, as these are the requirements for accessing the Platform and availing oneself of the services rendered by its means.
  7. The Service Provider itself does not provide physical therapy or medical services to any extent. The services provided by the Service Provider may support such services, which are provided by the Entities, but they do not themselves fall within the category of such services.

Article 6 – Validity of the Regulations

  1. These Regulations become binding on the User and the Service Provider the moment the User confirms that they accept the Regulations, no later than when the User’s account is verified and the User successfully logs into the Platform – provided that the account undergoes positive verification (in particular, for Entities, the verification involves checking the Entity’s entry in relevant registers). The Service Provider is obliged to inform the User that their account has been positively verified without undue delay, making reasonable efforts to do so within 2 business days of the verification process being completed. 
  2. Amendments to the Regulations become binding on the User and the Service Provider the moment the User successfully logs into the Platform for the first time after they have been informed of the amendments, and given the updated Regulations or a notice on the scope of the amendments made. Any User who does not accept any amendments hereto is obliged to cease from using the Platform. If the User logs into the Platform having received a notice on amendments made to the Regulations in line with this Section, it is understood that they accept the amended Regulations. 

Article 7 – Complaints

  1. The User has the right to complain about the Platform’s functioning.
  2. The right to file complaints is voluntarily given by the Service Provider, and does not constitute its representation on granting a separate guarantee. 
  3. Users may file complaints at kontakt@titanis.pl.
  4. The Service Provider is obliged to respond promptly, no later than within 30 days. 
  5. The complaint may either be accepted (where the Service Provider suggests to the User a way to resolve the complaint), or rejected. The Service Provider’s proposal does not constitute recognition of the claim.
  6. The User may accept the proposal referred to in the preceding Section by submitting a relevant declaration of intent to the Service Provider. In this event, to the extent that the proposal exceeds the scope of these Regulations or amends their content, these arrangements will constitute an Annex to the Contract concluded by the User by accepting these Regulations, and be binding upon the User and the Service Provider until the obligations resulting from these arrangements are fulfilled or until the legal relationship between the Parties is terminated (whichever occurs earlier).

Article 8 – Licenses and intellectual property rights

  1. The Service Provider grants the User a license to the Platform components which constitute works within the meaning of legal provisions, including those of the Copyright and Related Rights Act. 
  2. The licence is a non-exclusive, non-transferable, worldwide licence in the following fields of exploitation:
    1. entering into the memory any number of computers or devices with electronic memory and devices that use so-called virtual memory or cloud computing;
    2. using the Platform in accordance with its intended purpose and within the limits resulting from the Regulations.  
  3. Licences are granted for the duration of the legal relationship between the Service Provider and the User which results from the acceptance of the Regulations. The User undertakes not to exercise the rights resulting from the Licence for purposes other than the performance of this Contract, and in particular undertakes not to perform reverse engineering, use the License contrary to the fields of exploitation indicated in the Regulations, or disclose any information to unauthorised persons – especially information pertaining to one’s health status, medical services provided, or relationships between patients and healthcare institutions or specialist clinics.
  4. The User may not sublicense any licences granted under these Regulations. The User may not exercise or permit the exercise of any derivative rights to both the Platform components and the Licence, and they may not develop the works in question. Without prejudice to this Section, the Entity may grant access to the Platform to the Specialists employed or engaged by it, to the extent arising from the plan selected and the number of Specialist and Entity Accounts allocated to the Entity under the plan.
  5. The Platform’s components that do not require installation are made available to the User using the SaaS (Software as a Service) model under the Licence. The provisions of the Regulations concerning licences apply accordingly to the use of those Platform components which do not constitute works within the meaning of legal provisions, including, in particular, IT resources such as disk space and computing power. The right to use the components referred to in the previous sentence expires on the date on which the User and the Service Provider cease to be bound by the legal relationship arising from the Regulations. The Service Provider has access to the Platform components provided in the SaaS model from the date specified in Article 6(1).

Article 9 – Representations 

  1. The Service Provider declares that:
    1. it is involved in IT services, and it will carry out the activities resulting from the legal relationship established under these Regulations in accordance with the standard of care expected from entrepreneurs in such relationships;
    2. it holds intellectual property and other rights, or has obtained the necessary licenses sufficient to make the Services available, and thus does not infringe any third-party rights;
    3. it will not provide Users with any services reserved for medical institutions or clinics regulated by any act on medical professions or other professions which require permits, licences, or other forms of administrative or public-law approvals.
    4. it will make reasonable efforts to maintain the Platform in a condition that allows the Users to visit it for 98% of the time each month. This obligation does not apply to Platform components and Services provided free of charge to a given User.
  2. The User undertakes to use the Platform solely for its intended purpose, which includes performing exercises (for Recipients) or supporting the provision of services (for Entities). In particular, the Recipient may not provide any commercial services to third parties using the Platform.
  3. The Service Provider accepts no liability for how the Users avail themselves of the Platform and whether their use of it is lawful. However, the Service Provider reserves the right to immediately delete the User's account, without the need to prepare and deliver a justification, if it has reasonable suspicion that the User uses the Platform for purposes which violate generally applicable law or these Regulations, or that the information the Entity provided is false in terms of factual or legal circumstances. This, in particular, pertains to information whether the Entity is entered in a relevant register, whether it is obliged to make or already have such an entry, whether the people employed or engaged by the Entity are indeed factually and legally licensed to exercise their profession, and whether they are obliged to have such a license.
  4. The Service Provider is not obliged to verify both whether the Entity or the people employed or engaged by it (including Specialists) are obliged to satisfy certain legal requirements (which especially includes being entered in a relevant register), or whether they have the right to provide specific medical services. The Service Provider may verify the accuracy and validity of the Entities’ representations, but this is in no way to be construed as the Service Provider assuming to any extent and in any circumstances the obligation excluded in the first sentence of this Section.

Article 10 – Exclusion of liability

  1. The Service Provider bears no liability for damage if:
    1. the Service Provider was unable to prevent or reasonably foresee it using the standard of care referred to in Article 9(1.1);
    2. the damage arose as a result of force majeure, understood in particular as natural disasters (including earthquakes, floods, fires), epidemics, wars and armed conflicts, riots, strikes, acts of terrorism, changes in regulations, interruptions in the supply of utilities and services necessary for the operation of the Platform, as well as cyberattacks targetting the infrastructure of the Platform);
    3. the damage arose as a result of third-party acts or omissions for which the Service Provider is not held liable, including due to a cyberattack being carried out or the Platform being used in a manner which violates its intended purpose, the Regulations, or precautionary/security principles. This includes the Users themselves not according adequate protection to their data and failing to make backup copies resulting in loss of data). 
  2. The Service Provider bears no liability for any damage which results from the User’s performance of exercises that is incorrect or inconsistent with current medical knowledge.
  3. The Service Provider bears no liability to any User for any lost profits.
  4. The Service Provider does not render medical services within the meaning of applicable law, nor does it create or store the Recipients' medical records. The liability in this respect rests solely with the Entities.
  5. The Service Provider bears no liability towards Users or third parties for the quality of the Specialists’ services, and their compliance with relevant practices. Examples of exercises available on the Platform as part of the Services only constitute support for therapies or other services aimed at improving the Recipient’s fitness, and do not constitute medical services per se.
  6. The Service Provider ensures that Entities using the Platform are appropriately authorised to carry out their activities, but it bears no liability towards Users or third parties for verifying their authorisations, and in particular the accuracy and validity thereof. The Services are only a tool to support therapy or other services provided to the Recipient.
  7. In relations between the Service Provider and Users, the provisions on warranties are excluded.
  8. The Service Provider bears no liability for actions taken by state authorities and relevant courts, at whose request it may be compelled to engage in acts or omissions specified by Polish and EU law, in particular to cease Platform operations temporarily or permanently.
  9. The Service Provider bears no liability whatsoever if the Entities’ or Specialists’ representations are inaccurate, invalid or encumbered with other legal or factual defects, nor does it bear liability for not verifying said representations, or suspending or restricting the activity of their accounts. Only the Entities are responsible for the accuracy and validity of their own declarations and those of Specialists employed or engaged by them.
  10. The Service Provider's liability which is not expressly excluded in this Article, is limited to damage arising out of the Service Provider’s wilful misconduct. Compensation payable to the User may not exceed PLN 10,000.00 (ten thousand PLN 0/100).
  11. The Platform is made available to Users on an “as is” basis. The Service Provider’s liability for the operation of the Platform is limited to that which arises directly from these Regulations or which is not excluded by applicable law, in which case it is limited to the fullest extent permitted by law.

Article 11 – Remuneration

  1. The functionalities listed in the price list available on the Website can be made available to Users against payment. The User pays the Service Provider a remuneration in the amount corresponding to the price of the selected plan, determined in line with the price list on the Website. They submit declarations of intent to select the given plan via the Platform, during the registration process, or later, during their visit to the Platform.
  2. The remuneration referred to in Section 1 is to be paid to the Service Provider by the User by the 14th day of a given month, in advance for the given month, to the bank account indicated in the Platform. 
  3. In the event that the payment of remuneration is delayed by over seven business days, the Service Provider may suspend the paid functionalities in the User's account until the receivables are paid.

Article 12 – Duration of the legal relationship arising from the Regulations

  1. The User and Service Provider are bound by the legal relationship arising from the Regulations from the moment specified in Article 6(1). Said relationship is concluded for an indefinite period of time. 
  2. If the User opts for the functionalities that are made available against payment in line with the price list available on the Website, the functionalities may be made available within a strictly limited time frame. 
  3. The User and Service Provider may terminate the legal relationship arising from these Regulations without notice. To exercise said right, one of the Parties has to submit a relevant statement to the other Party in writing, electronically or as a document; otherwise the termination in question will be null and void. Submission of such a statement by either Party is tantamount to the removal and deactivation of the User’s Platform account.
  4. If, while the User has access to functionalities they have paid for, the Service Provider terminates the legal relationship arising from the Regulations for reasons other than those attributable to the User, said relationship persists until the functionalities in question are no longer available.
  5. In the event that the legal relationship arising from the Regulations is terminated for reasons other than those attributable to the Service Provider, the User is not entitled to reimbursement of any amounts already paid in order to use the Platform. Should the relationship in question be terminated due to reasons attributable to the Service Provider, the User is to be reimbursed with the sums paid to use the Platform for the period yet unused.

Article 13 – Final provisions

  1. These Regulations and the legal relationship arising therefrom is governed by the law of the Republic of Poland, and any disputes arising therefrom are to be resolved by the competent courts of the Republic of Poland. These provisions do not preclude the pursuit of claims before international courts and tribunals, under the principles laid down in the law of the Republic of Poland. 
  2. Users undertake not to provide illegal content through the Platform. This means they are prohibited from:
    1. engaging in direct marketing through contact forms and other forms of communication available on the Platform;
    2. sending out spam;
    3. using or obtaining data for purposes which are not entailed by the nature of the services provided via the Platform, which includes creating unauthorised personal databases;
    4. distributing or promoting content prohibited by applicable laws.