1.1. The subject matter of this Agreement is the Service Provider's sharing and operation of the mobile applications and web services supporting the Service Users in management of chronic diseases through the possibility of simple and intuitive recording of disease parameters, popularisation of proactive attitude and providing the Users with the possibility to make specified data available to doctors, nutritionists, coaches, nurses or other authorised parties and entities.
1.2. mHealthBox.com – a platform consisting of mobile applications and connected web services supporting management of chronic diseases, hereinafter referred to as the Services ().
1.3. The Service Provider of the mHealthbox.com platform and the data administrator is Freshware Sp. z o.o. seated in Poland (EU), 20-350 Lublin, ul. Dobra 7 (Tax Identification Number:9462592270, REGON:060542987).
1.4. The Service Users comprise all the Users of mobile applications and web services included as part of the mHealthbox.com platform.
1.5. The Service Provider and the Service Users are also jointly referred to as the Parties.
1.6. The Agreement lays down the rights and obligations of the Service Users of mobile applications and web services being part of the mHealthbox.com platform and the scope of rights and obligations of the Service Provider as an entity managing and running the service.
2.1.1. I have read the Terms of Agreement and accept all its provisions;
2.1.3. I give my permission to the processing of my personal data (including health data) by the Administrator for the purposes of the due execution of the Agreement on provision of the Electronic services. I am aware of the fact that I can withdraw my consent at any moment;
2.1.4. I give my permission to processing of my personal data by the Administrator for the needs of direct marketing of goods or services offered by the Service Provider;
2.1.5. I give my permission to receiving system information, messages from the Administrator and information about difficulties, changes or interruptions of the Services;
2.1.6. I have voluntarily started to use the Services of the mHealthbox.com platform;
2.1.7. Data contained in the registration form and the dedicated User account are true;
2.1.8. The account registration and entering of my personal data, image and information concerning other persons took place lawfully, voluntarily and with their consent.
2.2. The User is forbidden to use the Services and accept the terms of their use, if:
2.2.1. He or she is an under-age person and, therefore, may not conclude a binding agreement (in such cases an approval by a statutory representative is required);
2.2.2. He/she is a person who, as specified by the law, is forbidden to use the Services covered by the scope of this Agreement
2.3. Either of the Parties of the Agreement on provision of the electronic services may terminate it with immediate effect and without specifying the reason.
3.1. The use of the Services of the mHealthbox.com platform is voluntary.
3.2. In order to use the Services, it is necessary for the User to have a device which allows it to access the Internet, having a browsing programme and accepting cookie files, as well as an e-mail account and mobile device (mobile phone/tablet).
3.3. The Service Provider will make every effort so, but cannot guarantee, that all the Services are compatible with the User's device.
3.4. The registration procedure and establishment of a dedicated account takes place by filling in the registration form.
3.5. The User's account enables access to many Services.
3.6. The User may independently remove their account for all the Services together, as well as for each of them separately (from the Account Settings, after logging into the website). Any decisions concerning the use of medicinal products, method of treatment, selection of therapy indicated on the website should be supported by consultations with a doctor.
3.7. Any information, publications, private opinions published on the service or obtained under the provided Services are only for character information. None of the information provided should be understood as professional medical advice, indications concerning the method and type of administration of medicinal products, indications concerning the method of using medical products, the lack of need to receive medical treatment.
3.8. Any persons or entities, including the Service Provider, being authors of the information presented on the mhealthbox.com. platform shall be liable for any consequences, in particular damage resulting from using information contained on the website.
4.1. Bearing in mind ensuring of possibly the best quality of the Services provided, the User acknowledges that the form and character of the websites and applications are subject to periodical changes (without prior notification of the User of such changes) and expresses its consent to such changes.
4.2. The User acknowledges that under the introduced changes, the websites and applications (or any elements thereof) may cease (permanently or temporarily) to be made available to the User or all Users, without the need of prior notification of the User of such discontinuation, and the User hereby accepts such provision.
4.3. Each User shall be obliged, in particular, to:
4.3.1. Comply with proprietary copyrights and rights resulting from registration of inventions, patents, trademarks, utility models and industrial designs of the Service Provider and other persons;
4.3.2. Refrain from any activities which would affect other users' privacy, first of all, consisting in collecting, processing and dissemination of information about other Users without their express approval, except for a situation where these activities are consistent with legal regulations and provisions of this Agreement;
4.3.3. Refrain from any activities that could hinder or disturb the functioning of the website and mobile application, as well as activities consisting in destroying, changing, removing, damaging, hindering access to the accounts of other Users;
4.3.4. Not undertake any activities to the detriment of the Service Provider, Users and other persons. In the case of observing such activities by the User, the Service Provider has the right to block the account.
4.4. The User agrees not to obtain (or try to obtain) access to the websites and application using other means than the available interface, unless being provided with such access by way of a separate Agreement.
4.5. The User hereby states that any content, including pictures and personal data, published by it on the website are true and do not infringe any copyrights and personal rights. Furthermore, the User states that it has obtained the consent of third persons to publish the content presenting these persons or being related thereto.
4.6. The User acknowledges that it shall bear the sole responsibility for the content transferred by it or published under the use of the Services, as well as for the consequences of such actions.
4.7. It is forbidden to use the service in a manner inconsistent or invalid with its purpose. In particular, it is prohibited to publish content and pictures of erotic or pornographic nature, or showing or propagating violence, hatred, discrimination (racial, cultural, ethnic, religious or philosophical, etc.), violating personal goods or insulting the dignity of other persons.
4.8. The Users are also prohibited to send spam and non-ordered commercial information and to pursue commercial, advertising, promotional activities, etc.
4.9. In the case the User places any content which is unlawful, abusive, untrue or in conflict with the law or content propagating violence or hatred or violating moral standards or good customs, the Service Provider may remove this content, as well as has the right to block an account of such User.
4.10. The User acknowledges that in the event of blocking his/her account by the Service Provider, he/she will not be able to use the Services, nor will he/she be able to access his/her account, documents or other content located on the account and the User hereby accepts such provisions.
4.11. The User accepts the responsibility for maintenance and confidential nature of the passwords necessary to obtain access to the Services and he/she shall bear the sole responsibility for actions undertaken via its account.
4.12. The User undertakes not to multiply, modify, duplicate, copy, translate, issue, display, re-publish, transmit and sell the whole or any part of the website and mobile application, create derivative works, apply backward engineering techniques, decompile or try to otherwise uncover the software source code of the website, application or any part of it, introduce to trade or resell the whole or any part of the service and mobile application, unless it is expressly allowed or required on the basis of the provisions of the binding law or the User obtained a written consent of the Service Provider to such actions.
4.13. The User shall be obliged not to use any mechanisms for data processing, robots, scraping type mechanisms or other similar methods of data collection.
4.14. The User acknowledges and expresses his/her consent to the fact that the Service Provider is at the same time the owner of any rights and titles to the websites and mobile applications on the mHealthBox.com platform , including intellectual property rights (regardless of whether these rights were registered or not and in which countries they are binding).
4.15. The User may not transfer the rights to use the Services to which he/she is entitled, grant sublicenses related to them or a protection the subject of which the rights to use, nor perform other type of sale of any part of his/her rights to use the Services, unless he/she obtained a written consent of the Service Provider to such actions.
4.16. The User retains copyrights and any other rights to the content of provided, published or displayed thereby on the website, in the application or via any of them.
4.17. The provisions of this Agreement constitute the basis for granting the User rights to use trade names, trademarks, service marks, logos, domain names and other distinctions related to the mHealthBox.com platform.
4.18. The User obligates himself/herself, when using the web services and application, not to use any trademark, service mark, commercial names or logo of any company or organisation, which may, or are intended to, mislead recipients as to the owner or authorised user of such signs, names or logos or constitute advertisement of products or services.
4.19. Except for the situations in which it is forbidden by legal regulations, the Service Provider does not grant any explicit, implicit, statutory or any other guarantees, declarations or statements, both in oral or paper form, in particular any implicit guarantees of commercial suitability, fitness for specified purpose and assurances regarding no violation in the maximum scope permitted by the law.
4.20. The Services and entire content are made available in their current form, in the “as-is” condition and with all their defects. By accepting the Terms of Agreement the User declares that he/she is aware of the fact that the Service Provider in the maximum scope permitted by legal regulations does not grant any warranties of quality, accuracy, timeliness, authenticity, completeness or reliability of any of the Services or content.
4.21. The Service Provider hereby declares that it does not grant in the maximum scope permitted by legal regulations any guarantee that the Services fulfil expectations of the Users, their operation will remain uninterrupted, free from viruses, errors or other harmful factors and that errors will be repaired.
4.22. The Service Provider is not responsible for disturbances in the functionality of the service caused by force majeure, equipment failure or incorrect interference of the Users, even if these would result in loss of data on accounts of the Users.
4.23. The Service Provider is not responsible for the temporary inability to use the Services resulting from implementing changes and improvements in the system.
4.24. The Service Provider is not responsible for the content transferred and published by the Users. Content placed by the Users do not constitute the views and opinions of the Service Provider, who reserves at the same time the right to: edit, shorten the text or remove the content forbidden by law, vulgar, abusive or otherwise violating the principles of social coexistence. The User placing the prohibited content may bear criminal and civil liability in respect of the Service Provider or other persons.
4.25. The Administrator shall not bear liability for actions of other persons, nor for their use of the Users' data not in line with the purpose of the mHealthBox.com platform.
4.26. The Service User hereby declares that he/she uses the Services at his/her own responsibility and shall bear the risk related to satisfaction with the quality, functioning, accuracy and efforts and the Service User hereby accepts such provision.
5.1. As part of the provision of the electronic services via the website the Users transfer to the Administrator their personal data (along with health data). The Administrator of the website is the Administrator of personal data.
5.2. By accepting the Terms of Agreement the User gives his or her permission for the Administrator to process personal data thereof provided in the registration form and while using the websites and application in accordance with valid legal regulations, for the purpose of correct delivery of the Services, as well as for the operational and statistical purposes related to running websites and for marketing purposes.
5.3. The User has the right to access the content of his/her data and change it. By accepting the Terms of Agreement the User gives his or her consent, in addition, to receive commercial information from the Administrator by means of electronic communication.
6.1. Information on the used policy of data protection is available at: https://mhealthbox.com/policy/privacy?lang=en
7.1. OSoftware of the website and application, which is used by the User, may automatically download and install updates.
7.2. Updates are intended to improve, modernise and develop the Services. They can have a form of defect-repairing programs, improved functions, new modules of software and completely new versions.
7.3. The User expresses his or her consent to receive updates as part of the use of the Services.
8.1. Making available of the websites and application is not covered by the guarantee, in particular the Service Provider does not guarantee the User:
8.1.1. The possibility of using the website and the application in a continuous, safe and error-free manner;
8.1.2. Removal of defects in operation or functionalities of the software.
8.2. The provisions of the present Terms of Agreement remain without impact on the rights granted by law to the User, as a consumer, which the User may not change, nor relinquish them under the Agreement.
8.3. The Service Provider bears no liability towards such User under:
8.3.1. Any indirect or consequential losses which the User may suffer (e.g. direct or indirect loss of profit, loss of reputation or loss of data);
8.4. The Service Provider bears no liability towards such User for any losses or damages that the User may suffer as a result of:
8.4.1. Actions undertaken by the User on the basis of a conviction that an advertisement showed in the Service is complete, exact or that it exists, or as a result of relations or transactions between the User and an advertiser of sponsor whose advertisement was published in the website or application;
8.4.2. Changes which were or may be introduced in the Services and permanent or temporary cessation of making available of the website and application (or any parts thereof);
8.4.3. Deleting, damaging or failure to observe any content and other data stored or transmitted by the User under the use of the Services;
8.4.4. The User's failure to preserve confidentiality and to protect the password and details concerning the account.
9.1. The Service Provider may offer for a fee the specified versions of the Services (hereinafter referred to as the Premium Services) giving access to extended functionalities (e.g. additional charts and extended analyses)..
9.2. The Service User using any Premium Services undertakes to pay in advance any fees due on this account and comply with the present Terms of Agreement.
9.3. The Service User renounces the 14-day right to terminate in the maximum scope permitted under regulations of the binding law.
9.4. After registration in the Premium Services the preferred method of payment should be determined and required information should be specified; the information must be complete and correct.
9.5. The Premium Services can be cancelled at any time. Cancellation of the Premium Services shall enter into force at the end of the current settlement period, and the scope of the User's access to the Premium Services will not change by the remaining part of a started settlement period.
9.6. In the case of resignation or cancellation of the Premium Services, the Service Provider does not return any fees paid.
9.7. The Service Provider is entitled to change the price list of the Premium Services at any time, in the maximum scope permitted by valid law regulations. In such a case the Users will be notified in proper advance of changes in prices by including by the Service Provider the new prices in the respective Premium Service, passing information by means of it or sending an e-mail notification to the Users.
10.1. As part of provision of the Services, the applications or websites may contain advertisements, surveys and promotional offers. These advertisements may relate to the content of information gathered in the website and application. The method, mode and number of advertisements may be changed without notifying the User of this fact.
10.2. In exchange for ensuring the User access and rights to use the Services, the User gives his or her consent to present such advertisements and other information-promotional content.
10.3. The website and application may include links to other websites, content or resources, which may not be within the Service Provider's control. The User acknowledges and expresses its consent to the fact that the Service Provider is not responsible for availability of such websites and resources of third parties and it does not promote advertisements of products or other materials available through such websites or resources.
10.4. The User acknowledges that the content presented thereto under the Services, including advertisements and sponsored content may be protected by intellectual property rights attributable to sponsors or advertisers providing the content (or to other persons or entities acting on their behalf). The User may not modify this content (either in full or in part), grant it, lease it, lend it, sell it, distribute or create dependent works based on such content, unless it will obtain such consent directly from the Service Provider or owners of the placed content in the form of a separate agreement.
11.1. When using the Services, the User may make use of the Third Party Services, in particular:
11.1.1. The User, by synchronising the device, uses the Internet and may possibly bear fees consistent with the price list of his/her telecommunication operator;
11.1.2. The user may log in or register in the Services by means of third parties (e.g. Facebook);
11.1.3. The user may connect to the Third Party Services in order to exchange data between applications or devices;
11.1.4. The user may download a mobile application from application stores of software distributors;
11.1.5. All transactions related to the Premium Services are carried out by PayLane Sp. z o.o. based in Gdańsk at Arkońska 6/A3, postal code: 80-387, KRS No.: 0000227278. in the scope necessary to processing of payments.
12.1. The Service Provider reserves the right to unilateral change of the Terms of Agreement at any moment and without any need to justify its decision. In case of making such changes, the Service Provider shall bring this matter to the attention of the Users by publication of the consolidated text of the Terms of Agreement.
12.3. Submission of statements is tantamount to declaration of will to continue the Agreement with the Service Provider. In the event of lack of acceptance of changes, the User thereby terminates the Agreement with the Service Provider, which is synonymous with blocking the User's account.
12.4. The Agreement shall enter into force as of the announcement on the website of the mHealthBox.com platform. In the case of any change or cancellation of the present Terms of Agreement as a consequence of final and binding ruling of the court, other provisions shall remain in force and shall be binding for the Parties.
13.2. In the cases not regulated, this Agreement, the commonly binding provisions of the Polish law shall apply - in particular the provisions of the Civil Code and of the Act on provision of electronic services.
13.3. All versions of the Terms of Agreement are available at: https://mhealthbox.com/policy/terms?lang=en
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