NIEAMPUTUJ.PL Application Terms and Conditions

These Terms and Conditions set out the rules for using the Nieamputuj.pl application and the Services available within Nieamputuj.pl. Before starting to use Nieamputuj.pl (also referred to interchangeably as the Application), every person (hereinafter referred to as the “User”, “you”, “your”) is obliged to read and accept the Terms and Conditions and the Privacy Policy, which supplements the Terms and Conditions (and is available here: https://nieamputuj.pl/polityka-prywatnosci-aplikacji/). The Services and functionalities provided through Nieamputuj.pl are delivered and provided by Nieamputuj.pl sp. z o.o. with its registered office in Lublin (20-213), at ul. Gospodarcza 26 (hereinafter referred to as the “Service Provider”, “we”, “us”, “our”), KRS number 0000934755, NIP 9462711823, REGON 52052605300000, with share capital of PLN 5,000.00.

Nieamputuj.pl aims to support people with diabetes and serves an informational function only, in particular through Services based on solutions using artificial intelligence. Please remember that when using our Services you interact with an artificial intelligence system. The Application and Services are available to everyone, but due to the scope of training data, results may be inadequate for people with skin tones other than light. WITHIN NIEAMPUTUJ.PL WE DO NOT PROVIDE HEALTHCARE SERVICES. THE APPLICATION DOES NOT REPLACE, NOR IS IT INTENDED FOR, ANY MEDICAL USE. IN PARTICULAR, BOTH THE APPLICATION AND THE SERVICES ARE NOT INTENDED FOR DIAGNOSTIC, THERAPEUTIC, TESTING, PREVENTION, MONITORING, TREATMENT OR DISEASE-MITIGATION PURPOSES. IN EVERY CASE YOU ARE OBLIGED TO CONSULT YOUR HEALTH CONDITION WITH A DOCTOR OR ANOTHER QUALIFIED PERSON. AS PART OF OUR SERVICES YOU NEVER RECEIVE A DIAGNOSIS OR A SUBSTITUTE FOR ONE.

EVERYTHING YOU SEE IN THE APPLICATION IS INTENDED ONLY TO HELP IMPROVE YOUR QUALITY OF LIFE. IN THE VERSION FOR STUDENTS, IT IS INTENDED TO SUPPORT LEARNING.

THEREFORE, WHEN USING OUR KNOWLEDGE BASE AND THE INFORMATION WE PROVIDE, USE THEM RESPONSIBLY.

We make the Terms and Conditions and other service terms available to everyone free of charge before concluding the Agreement (in the Application), and also, at your request, in a way that allows you to obtain, reproduce and record the content of the Terms and Conditions using the ICT system you use.

  1. DEFINITIONS
    2. Knowledge Baseone of the Services consisting in making content available within the Application, in particular articles concerning diabetes or other diseases
    Price Lista list of prices and the scope of paid Services, including packages, if offered; the Price List is available here: https://nieamputuj.pl/cennik
    Input Datadata entered by you into the Services as part of the functionalities made available by Nieamputuj.pl, in particular answers to questions asked within the Application; these may include photographs or other types of content, materials, including visual, audiovisual materials, etc., as well as personal data
    Free Versionthe free version of the Application, under which we make some of the Services available free of charge, i.e. you are not obliged to pay a fee for them (e.g. specific modules, Application functions, part of the Knowledge Base, etc.); advertisements may appear within the Free Version
    Result Informationoutput data generated and returned by our Services on the basis of Input Data; the Services may generate the same or similar Result Information for you and other Users 
    Nieamputuj.pl / Applicationthe Nieamputuj.pl application, providing various information from the world of medicine and, in its educational part, operating on the basis of an artificial intelligence system owned and administered by us, installed and used on the User’s mobile device
    Subscription Periodthe period of provision of the selected Service, the length of which depends on the package selected by you, including the granted parameters, e.g. query limits; a single Subscription Period constitutes the minimum duration of the User’s obligation arising from the Agreement; the Subscription Period may be shortened if you use up the query limit granted to you or another type of limit relating to a specific Service
    Technical Breaka break in the availability of Nieamputuj.pl and the Services, connected with the need to carry out update, maintenance or modernisation work, preventing or hindering their use
    Terms and Conditionsthe terms and conditions for the provision of electronic services through Nieamputuj.pl
    Force Majeurean event that could not have been foreseen with the diligence required in professional business relations, and that is external both to you and to us, and that we could not prevent while acting with due diligence, including in particular events such as: shutdown or limitation of server services, illness of employees, a hacker attack, shutdown or limitation of access to a given artificial intelligence system, unusual collective behaviours and actions of public authorities
    Partiesthe User and the Service Provider
    ContentInput Data and Result Information, including entry histories, as well as personal data provided or processed by Users within the functionalities of Nieamputuj.pl, including the Services; other data and information provided to the User within individual Services (Knowledge Base, etc.)
    Agreementthe agreement for the provision of Services concluded between us and you as the User, the general terms of which are set out in the Terms and Conditions
    Servicesservices provided by us through Nieamputuj.pl to Users, including use of the Knowledge Base or generation of Result Information; the Services are divided into Services provided to every User and Services intended only for medical students; Services intended only for medical students are appropriately separated in the Application
    Usera natural person with full legal capacity,
    who uses Nieamputuj.pl on the basis of and in accordance with the Terms and Conditions
  2. GENERAL PROVISIONS
    2.1. None of the provisions of the Terms and Conditions may be interpreted in a way that would limit the rights granted to Consumers under applicable law.
    2.2. If you do not agree with the provisions of the Terms and Conditions, you may not use or access the Services.
    2.3. We do not place commercial information or offers submitted electronically within the Application within the meaning of the Civil Code. In particular, provisions concerning the submission of offers in electronic form do not apply.
    2.4. You are prohibited from providing unlawful Content and from using Nieamputuj.pl in a way that disrupts or prevents its proper functioning.
    2.5. Detailed rules concerning the use of the functionalities of Nieamputuj.pl and individual Services are set out in Nieamputuj.pl in the relevant tabs and in the descriptions of individual packages indicated in the Price List.
    2.6. If you have any questions for us or wish to contact us for any other purpose, you may use our e-mail address: kontakt@nieamputuj.pl, telephone number: +48 691 807 136, company address: ul. Gospodarcza 26, 20-213 Lublin, Lubelskie Voivodeship. After you contact us, we will try to respond to your concerns as soon as possible.
  3. APPLICATION
    3.1. You can download the mobile Application from the AppStore online store (for iOS) or Google Play (for Android). In order to install the Application, update its functionality and use the Application’s functionalities, the following minimum technical requirements must be met on your side: a mobile device with iOS 12.1 or newer or Android 5 or newer installed, enabling correct installation of the Application.
    3.2. In order to use all functionalities of the web Application, the following minimum technical requirements must be met on your side: (a) a device with Internet access enabling correct display of the Application interface, (b) an active e-mail account; (c) an installed web browser updated to the latest version: Microsoft Edge, Firefox, Chrome, Opera or Safari; (d) enabled Cookies and Java Script support and the remaining requirements set out in the Terms and Conditions.
    3.3. Nieamputuj.pl, to the extent that it constitutes a digital service or enables access to digital content, may use your digital environment (network connection, software and your hardware) to the extent necessary for the proper provision of the Services. This means that, depending on the Service, the following may be used, among others: your web browser (within Cookies or other data, if you decide to save them).
    3.4. You undertake that when using Nieamputuj.pl and the Services you will not: (a) take any actions that may hinder or disrupt the functioning of Nieamputuj.pl or use it in a way that is burdensome to others, (b) act to the detriment of other Users, third parties or us, (c) treat information provided within the Knowledge Base contrary to section 5 of the Terms and Conditions or otherwise act contrary to the Terms and Conditions, (d) use Services intended for medical students for purposes other than learning and practising on training materials.
    3.5. We reserve all rights to Nieamputuj.pl that are not expressly granted to you under the Agreement. In particular, the Agreement does not allow you to: (a) reproduce, distribute, lend, dispose of or otherwise redistribute Nieamputuj.pl directly or indirectly, whether for a fee or free of charge, without our involvement, (b) modify, reverse engineer or otherwise interfere with the software or algorithms of Nieamputuj.pl, (c) use and develop intellectual property belonging to us to create your own products and services, (d) use intellectual property belonging to us, in particular Content, for an unlawful purpose or to our detriment. Any behaviour meeting any of the above criteria will be treated as a breach of the Agreement.
    3.6. From time to time, the Application requires Technical Breaks, in particular so that we can implement further updates and improvements.
  4. OUR SERVICES
    4.1. Use of the Services is possible by logging in with a third-party provider, i.e. through integration with your Google, Apple or other provider account in accordance with the information indicated during installation of the Application. Remember that if at any point we ask you for any data in order to perform the Agreement, you are obliged to provide true and up-to-date data and keep it that way throughout the period of using the Services.
    4.2. Upon successful installation of Nieamputuj.pl on your device, an Agreement is concluded between us for an indefinite period.
    4.3. Please remember that you are responsible for what happens within your device and through it. If you notice that someone unauthorised is using or has used your device, please inform us immediately.
    4.4. Within Nieamputuj.pl we offer you a number of Services, the most important of which are: access to the Knowledge Base, provision of Result Information, as well as others described in the Application functionalities.
    4.5. Some Services or their individual functionalities are available within the Free Version, while others are paid, for which we charge fees according to the package selected by you. Exact information on which Services are covered by the Free Version and which are paid can be found in the Application.
    4.6. Depending on the type of Service, it will be available to you after verification of whether you are a medical student and after payment, or in the case of the Free Version, after successful installation of Nieamputuj.pl.
    4.7. If you order a given Service, insofar as the provisions of the Consumer Rights Act apply to it, no later than when you express your will to be bound by the agreement, we will provide you with certain legally required information.
    4.8. Please note that we may use Content and other information entered into Nieamputuj.pl, in particular to improve the quality of the Services provided, including the development of artificial intelligence operating within Nieamputuj.pl, provided that with respect to Content constituting personal data, this will be done in a manner and scope not exceeding the rules set out in the Privacy Policy.
    4.9. Upon uninstalling the Application, you will lose access to all Content.
    4.10. We reserve the right to include advertising content within the Free Version. You acknowledge that clicking such a link or opening such content may result in a fee being charged by your telecommunications operator or Internet service provider.
  5. KNOWLEDGE BASE
    5.1. Within the Application functionalities, we may make the Knowledge Base available in the form of digital content in accordance with the Agreement. The Free Version may have limitations in access to the Knowledge Base.
    5.2. If you conclude an agreement with us for access to the Knowledge Base (and access to it is not free of charge), which, as already mentioned, constitutes digital content, we will ensure:
    5.2.1. access to it without delay, unless we expressly agree otherwise with you (access means the possibility to read all modules within the Knowledge Base made available in the Application under the selected package);
    5.2.2. that you will have access to it via standard mobile devices referred to in section 3 of the Terms and Conditions;
    5.2.3. that the content available within the Knowledge Base will be suitable for the purposes for which it is usually used, i.e. expanding knowledge about diabetes;
    5.2.4. that you will have access to the Knowledge Base throughout the subscription period (the purchased Subscription Period).
    5.3. At the same time, remember that all content available in the Knowledge Base (both within the Free Version and for a fee) is solely informational and illustrative in terms of improving quality of life and in no case constitutes, nor is intended to replace or be an alternative to, medical advice, diagnosis or a treatment programme for any ailments or diseases, in particular diabetes.
    5.4. Remember that the entities creating articles within the Knowledge Base do not know your health condition, do not have knowledge of how your body functions and do not know the history of any possible illness you may have. Therefore, under no circumstances should you rely solely on information provided within the Knowledge Base, and all matters concerning your condition should always be consulted in person.
    5.5. By starting to use Nieamputuj.pl, you declare that when using the Application you will not make decisions, take actions or refrain from actions wholly or even partly on the basis of the Knowledge Base, and if necessary, before making any decisions, you will contact a doctor or another qualified person.
  6. PAID SERVICES
    6.1. Use of the Services is paid to the extent specified in the Price List and the Service description. You select and then pay for the paid Service of your choice in accordance with the rate specified in the Price List.
    6.2. Before final confirmation of the selected paid Service, you will be presented, for acceptance, with a summary containing the scope of the Service within the indicated Subscription Period, the end time of the Subscription Period and the amount of the fee due.
    6.3. In the order process, until the button paying for the Service is activated, you can detect and correct errors in your order and modify it through the Application sales system.
  7. FEES AND PAYMENTS
    7.1. All prices stated in the Price List are gross prices (including all taxes) and are expressed in Polish zlotys, with the reservation that payments are made in the currency selected by you in the order process. We indicate that this may involve currency conversion costs applied by some banks in the case of payment from a bank account maintained in a foreign currency.
    7.2. The condition for starting provision of a paid Service is your prior payment of the fee indicated in the Price List.
    7.3. The binding and total price is shown to you in the order summary at the moment you send it to us.
    7.4. Payment is carried out through functionalities and services provided by an external payment operator, i.e. an entity independent of us.
    7.5. Unless the Agreement provides otherwise, the fee for specified Services is payable in advance for a given Subscription Period. If you do not pay the fee, you cannot use the paid part of the Services.
  8. CONTENT
    8.1. You may not place Content in Nieamputuj.pl, in particular Input Data, or use within the Services Content that: (a) may infringe the rights or personal interests of third parties, including the right to privacy, (b) constitutes materials that may be used for unlawful, misleading, malicious or discriminatory purposes, (c) is clearly contrary to the principles of social coexistence or common moral and social norms or “netiquette”, (d) may in any way violate someone’s dignity, (e) may constitute your image or the image of a third party (e.g. a photograph of a face, full figure, etc.). At the same time, remember that placing Input Data containing an image contrary to the above prohibitions may affect the Result Information and may even completely prevent its correct delivery.
    8.2. Upon placing Input Data in Nieamputuj.pl, you grant us, for this purpose, a territorially unlimited and time-unlimited licence, with the right to grant sublicences, to use and dispose of, in whole or in part, the given Content to the extent necessary to perform the functionalities of Nieamputuj.pl, in particular to display it in Nieamputuj.pl and provide Services to you.
    8.3. You remain fully and independently liable to us and to third parties for the Input Data and for other damage resulting from the use of the Input Data.
    8.4. Remember that Content provided through our Services, in particular Result Information, is the result of automated operation of Nieamputuj.pl based on the Input Data provided by you. Therefore, we are unable to ensure its full suitability and usefulness for the purposes selected by you. Any use by you of Content, in particular Result Information, is at your own risk and responsibility.
    8.5. Furthermore, by starting to use Nieamputuj.pl, you declare that you are aware that the Services available within Nieamputuj.pl, including Result Information, are generated using solutions based on artificial intelligence models, and therefore all Content is delivered through an automated process.
  9. LIABILITY OF THE SERVICE PROVIDER
    9.1. We provide IT infrastructure and ensure its efficient technical functioning, and in this respect we are responsible for Nieamputuj.pl and the Services. We are fully responsible for the conformity of our Services, including the Application, with the Agreement and with the assurances we have given you.
    9.2. However, remember that we are not liable for damage resulting from: your culpable breach of the Terms and Conditions; making the device through which you use the Application available to a third party; Force Majeure; malicious/harmful software (malware); uninstalling the Application or losing Content or any data stored within the Application; termination of the Agreement by us as a result of your action or omission; short-term prevention or hindrance of access to the Services caused by a Technical Break; defects and errors in Input Data, the method of making Content available, or the consequences of using the results of Services provided within Nieamputuj.pl.
  10. REPORTING VIOLATIONS AND COMPLAINTS
    10.1. Within Nieamputuj.pl we care about safety and respect for rights, so we want Users to comply with all laws, in particular intellectual property rights concerning all Content. Therefore, if you notice any action infringing the rights or interests of third parties, you should notify us. In the same way, you may also notify us of breaches of the Terms and Conditions or applicable law.
    10.2. We make Nieamputuj.pl available and ensure its efficient technical functioning, and in this respect we are responsible for the Services. However, we do not exercise ongoing control or monitoring over Content, in particular over Input Data entered by you.
    10.3. Notifications concerning behaviour infringing rights or interests should be sent to the e-mail address: kontakt@nieamputuj.pl. In order to streamline the procedure, the notification should contain at least the following information: (a) data identifying you as the reporting person and an e-mail address, if different from the one from which you send the notification, (b) indication of the Content or behaviours infringing the law, together with an indication of which law they infringe, (c) indication of the place in Nieamputuj.pl where the given Content is located.
  11. WITHDRAWAL FROM THE AGREEMENT
    11.1. You have the right to withdraw from the Agreement without giving any reason by submitting to us a statement of withdrawal from the Agreement (by e-mail, provided that it must then be the e-mail address you used when logging in via Google or in another possible way) to the e-mail address: kontakt@nieamputuj.pl, via the Application or in writing to our address.
    11.2. The period you have to withdraw from the Agreement is 14 (fourteen) days from the date of its conclusion. To meet this deadline, it is sufficient to send us a statement of withdrawal before its expiry.
    11.3. Together with confirmation of conclusion of the Agreement, we will send you a template withdrawal statement. It is also an appendix to the Terms and Conditions. You may exercise the right of withdrawal using it.
    11.4. Remember that in some cases you will not have the right to withdraw from the Agreement. This will be the case, for example, where the subject of the Agreement is access to Result Information, i.e. access to digital content not stored on a tangible medium, provided that you previously consented to such content being made available to you before the expiry of the withdrawal period via the Application functionalities, which follows from Article 38(1)(12) of the Consumer Rights Act.
    11.5. If you do not give the consent referred to above, you will obtain access to such Services only after 14 days from the date of purchase.
    11.6. If you withdraw from an Agreement whose subject is any digital content or service, you are obliged to immediately stop using such content or services, as well as making them available to third parties.
    11.7. If you submit a statement of withdrawal from the Agreement, we will immediately confirm receipt of such statement; if in our opinion you did not have this right, we will also provide you with such information.
    11.8. If your statement is effective, we will refund the Fee paid by you within 14 days from the date of delivery of the statement to us, in the same way in which you made the payment.
  12. BREACH OF THE TERMS AND CONDITIONS
    12.1. If you use the Application contrary to the law or the Terms and Conditions, we will be entitled to take certain actions at our discretion. Such actions include: issuing you a warning; temporarily blocking access to the Application; preventing access to the Application and Services and terminating the Agreement with immediate effect; preventing you from downloading the Application again.
    12.2. We will inform you of blocking or preventing access to the Application and termination of the Agreement by e-mail, in which we will indicate the reasons for our decision, or through the Application functionalities.
  13. COMPLAINTS
    13.1. You have the right to submit a complaint regarding the functioning of Nieamputuj.pl and the Services provided through it. The notification you send should contain at least data enabling your identification and an indication of objections and comments concerning the Application or Services. Complaints should be sent to the e-mail address reklamacja@nieamputuj.pl .
    13.2. We will consider your complaint within 14 (fourteen) days, unless you have not provided information enabling it to be considered or have not provided data enabling your identification.
    13.3. In the case referred to above, the period for considering the complaint runs from the day on which you provide us with the missing information. If we do not consider the complaint within the deadline, this means that we have accepted it.
    13.4. We will send the response to the complaint to the address indicated by you.
  14. DISPUTE RESOLUTION
    14.1. If any conflict arises between you and us, you may use alternative dispute resolution methods (ADR) instead of court proceedings, in particular mediation, conciliation or arbitration. A list of institutions to which you may apply for dispute resolution under ADR is available at this link: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
    14.2. You may also use out-of-court methods of handling complaints and pursuing claims by submitting your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
    14.3. If you do not decide to use ADR or ODR, any disputes arising between you and us will be resolved by the court whose jurisdiction should be determined in accordance with applicable law.
  15. AMENDMENT OF THE TERMS AND CONDITIONS, CHANGE IN THE SCOPE OF SERVICES
    15.1. We may amend the Terms and Conditions for important reasons, in particular legal reasons (amendment of regulations, change in the manner of conducting our business) or technical reasons (modernisation of the Application, change in the functioning of the Application or Services, addition of new functionalities).
    15.2. You will be informed of an amendment to the Terms and Conditions through information on the Application’s home page containing a list of changes and the date on which they enter into force. The effective date of the changes will not be shorter than 15 (fifteen) days. Lack of acceptance results in termination of the Agreement.
    15.3. Even if we amend the Terms and Conditions, this will not affect the Agreement to the extent that it concerns access to paid elements of the Services for the period for which you concluded it with us.
    15.4. We inform you that in the case of the Knowledge Base constituting digital content, it may be changed by removing some content and replacing it with new content. We do this to ensure that all users have access to the best possible, substantive and interesting materials within the Knowledge Base, and consequently to ensure conformity with the agreement whose subject is the provision of the Knowledge Base.
    15.5. None of the changes introduced within the Application will constitute a deterioration in the quality of Nieamputuj.pl or the Services.
    15.6. The Services, in particular materials within the Knowledge Base, may also be changed due to: i) their update; ii) the need to remove some of their elements due to rights held by other entities.
    15.7. If changes related to individual digital content are introduced, we will inform you of this in a clear and understandable manner. If such a change significantly and negatively affects the User’s access to or use of digital content, you will be informed in advance by e-mail or through the Application functionalities about the nature and date of the change and about the right to terminate the Agreement without notice within 30 days from the date of the change or notification of the change, if the notification occurs later than the change; unless we provide you with the right to retain, at no additional cost, digital Content compliant with the Agreement in an unchanged state.
  16. FINAL PROVISIONS
    16.1. We process your personal data in accordance with the Privacy Policy, which also fulfils the information obligation towards data subjects arising from the GDPR.
    1.1. All obligations and agreements arising from the Terms and Conditions are governed by Polish law, provided that this reservation may not result in depriving you of the protection resulting from mandatory provisions of the law of the country of your habitual residence.
    1.2. If any provision of the Terms and Conditions proves invalid in whole or in part, the remaining provisions remain in force, and instead of the invalid provisions, the remaining part of the Terms and Conditions will be interpreted so that their legal force and economic effect are as close as possible to the invalid provisions.

    17. Effective date of the Terms and Conditions: 1 October 2023

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