Effective January 1, 2023.
These Terms of Service (this "Agreement") constitute a legal agreement between you ("you") and Investment Analytics Sp. z o.o., ul. B. Chrobrego 4, 12 - 100 Szczytno, TAX ID: 7451838341, Regon: 280617054, KRS: 0000387722 hereinafter referred to as ("Company", "we" or "us") regarding the use of the Medic Scanner mobile application, the medicscanner.com website and all related services, features and content offered by the Company. This Agreement is not entered into with Apple, Inc. or Google, Inc. or any of their subsidiaries or any other entity that may be applicable.
Please read this Agreement carefully. By creating an account or using the Application, you acknowledge that you accept the terms of this Agreement and agree to abide by them. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE APPLICATION.
We may make changes to this Agreement. If the changes made will materially change your rights, we will notify you by email, through the App, or by submitting a new version of the Agreement to you for approval. Your continued use of the Application after the effective date of the updated version of the Agreement will constitute your acceptance of the changes made to the Agreement.
THE COMPANY IS NOT A LICENSED HEALTH CARE PROVIDER, AND THE APP IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR DIAGNOSIS, TREATMENT OR THERAPY FOR ANY MEDICAL CONDITION. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT MAY AFFECT THE HEALTH AND SAFETY OF YOU, YOUR FAMILY OR YOUR FETUS, CONSULT A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED THROUGH THE USE OF THE APP. ALWAYS CONSULT YOUR DOCTOR IF YOU HAVE QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR IF YOU NOTICE ANY CHANGES IN YOUR HEALTH. IN SITUATIONS REQUIRING IMMEDIATE MEDICAL ATTENTION, IMMEDIATELY CALL THE EMERGENCY ROOM OR GO TO THE NEAREST ACTIVE EMERGENCY DEPARTMENT.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR UNINTENTIONAL TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE MATERIALS PROVIDED, OR FOR VIOLATIONS OF ETHICAL OR MORAL STANDARDS IN YOUR COMMUNITY REGARDING SEX EDUCATION MATERIALS AND RELATED CONTENT. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
Before you use the Application, we may ask you to create or update an account ("Account") and provide certain personal information, which may include your name, date of birth and email address. This data will be stored and used in accordance with our Privacy Policy, which you can read at.
https://medicscanner.com/en/polityka-prywatnosci/ ("Privacy Policy"). You agree to provide the Company with accurate and complete data and to promptly update such data in the event of changes.
In order to create an Account and access the Application, you must be at least 18 years of age and able to use the Application under applicable law.
If you are under 18 years of age, your parent or guardian must read and accept the terms of this Agreement. By using the Application, you acknowledge that your parent or guardian has read and accepted the terms of this Agreement. We reserve the right to restrict the availability of selected content on the Application to users under the age of 18, at our sole discretion.
Any content you make available through the Application is subject to the provisions of the Company's Privacy Policy, available at https://medicscanner.com/polityka-prywatnosci. When you post a question or answer, you are solely responsible for your statements, the consequences of publishing those statements, and your actions taken based on publicly available information. The Company and its licensors are not responsible for the consequences of any statements posted in public areas. If you feel threatened or believe that someone else is in danger, contact local law enforcement immediately. If you believe you are in a situation that requires immediate medical attention, call a doctor or ambulance immediately. As a condition of your use of the Application, you agree not to use the Application for any purpose that is contrary to the terms of this Agreement. You are responsible for all of your actions in connection with the Application and are required to comply with all local, national and international laws and regulations and any applicable legal codes. You agree that taking any of the following actions will constitute a material breach of this Agreement, and accordingly
YOU COMMIT:
Any such unauthorized use will result in immediate termination of your license to use the Application.
We are committed to protecting the privacy of children.
Please note that this Application is not intended or designed for anyone under the age of 18. We do not collect personally identifiable information about any person who, to our knowledge, is under the age of 18.
If you reside in the United Kingdom or the European Union, you must be at least 18 years of age to use the Application. To the extent permitted by applicable law, we do not permit anyone under the age of 18 living in the United Kingdom or the European Union to use the Application.
If you have information about a person who does not comply with the said restrictions, please contact us at pomoc@medicscanner.com , so that we can take steps to remove or close the account of such a person.
We grant you a personal, territorially unlimited, revocable, non-transferable and non-exclusive license to access and use the Application for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, transfer, or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other software or code information obtained from the Application, or license the aforementioned items, or create derivative products based thereon, without the Company's prior written consent, which may be withheld for any or no reason. You also agree not to download, depict or use any content from the Application that has been made available by the Company or its licensors and posted on the Application, for use in any publication, public display, on websites other than the Application, for any other commercial purpose, in connection with products or services not offered by the Company, in any other manner that may mislead consumers, misrepresent or disparage the Company and/or its licensors, impair the strength of the Company's or its licensors' property, or otherwise infringe on the Company's or its licensors' intellectual property rights. You also agree not to make any other use of any content published by the Company or third party content that is published on the Application.
All rights and title to the Application and the benefits of the Application not expressly granted hereunder are reserved by the Company. If you wish to use the software, title, trade name, trademark, service mark, logo, domain name and/or any other identifier bearing specific brand features or any other content owned by the Company, you must obtain the Company's prior written permission. Requests for permission can be addressed to pomoc@medicscanner.com.
For the avoidance of any doubt, all text, images, photos, audio, videos, location information, software, code, and any other form of data or communications that the Company creates and makes available in connection with the Application are owned by the Company, including, but not limited to, visual interfaces, interactive features, graphics, designs, compilations of User Content (as defined below) and compilations of user ratings, and other elements and components of the Application, excluding User Content (collectively referred to herein as "Company Content"). Except as expressly and unambiguously set forth in this Agreement, we do not transfer any express or implied rights to you, and all rights to the Application and Company Content belong to us.
The App allows you to access all your own skin lesion analysis. To which you always have access and insight through the App.
Upon analysis of your User Changes on the Application, (a) you grant to the Company a non-exclusive, transferable, sublicensable, territorially unlimited and royalty-free license to use, copy, use, modify, publicly display, publicly perform your User Content, create derivative works based on your User Content, use your User Content in other works, modify, reformatting, and distributing your User Content in connection with the provision of the Application and related services and the management of the Application and related services, and/or for the Company's promotional purposes (for example, through display on our website, on the Application, on social media, on any website or platform on the Internet, at our discretion) in accordance with the Privacy Policy; and (b) you agree to indemnify and hold harmless the Company and its affiliates, directors, officers and employees from any and all claims and expenses, including attorneys' fees, arising from the Multimedia Materials and/or your failure to comply with the terms of this Agreement.
The Company reserves the right to review any User Content before uploading it to the Application and to remove any content or multimedia material for any reason, at any time, without prior notice, at its sole discretion.
Our goal is to make it easier for you to access valuable health information. However, the Application cannot and does not guarantee any improvement in your health and is not responsible for the results. Your use of the App and any information, predictions or suggestions provided in the App is at your sole risk. We make no representations or warranties as to the accuracy of any data, information, estimates or predictions we may provide to you through the Application, and you agree and acknowledge that the Application does not serve the same purpose as medical devices, scientific instruments or health care providers.
Subscription. The mobile app offers a subscription that gives you access to features such as the ability to take a photo analysis of a skin lesion. Tools to detect physical patterns, or health reports that you can show to your doctor. By using Medic Scanner, you agree that your purchases are not contingent on the provision of any future features or functionality, and are not dependent on any oral or written public statements or comments made by Medic Scanner regarding such features or functionality.
Payment. You may purchase a subscription directly from Investment Analytics Ltd. through the mobile application by making an upfront payment for the subscription plus applicable taxes for the specific skin lesion analysis package indicated in the application prior to your purchase.
Price and tax changes. Medic Scanner may make changes to your subscription from time to time, and will notify you in advance of any price changes. Price changes will be effective from the day following the date of the price change. Your continued use of your Medic Scanner subscription after a change in the subscription fee is deemed acceptance of the change. If you do not agree with the price change, you can reject it by cancelling the purchase of your next analysis package.
Tax rates or other fees are based on the rates in effect at the time of your payment. These amounts may change over time depending on local tax requirements in your country, state, region, county or city. Any changes in tax rates will be made automatically based on the account information you provide.
Subscription renewal and cancellation. The payment you make to Medic Scanner is a one-time payment and will not be automatically renewed. You will need to purchase another skin lesion analysis package to continue using the app's functionality. Contact our support team at. pomoc@medicscanner.com, to learn how to cancel your subscription.
You are responsible for taking all reasonable steps to secure your account so that no unauthorized person has access to your passwords or account on the Application. You are solely responsible for (1) overseeing the dissemination and use of your login credentials, username and passwords; (2) authorizing, monitoring and controlling access to and use of your account and password on the Application; (3) notifying the Company immediately if you believe your account or password has been intercepted, or if there is any other reason for your need to deactivate your password. Write to us at pomoc@medicscanner.com. You grant the Company and all other persons or entities involved in the operation of the Application the right to transmit, monitor, retrieve, store and use your data in connection with the operation of the Application. You also acknowledge and agree that the Application and your account are designed and intended for your individual personal use and that you should not share your account and/or password information with others. The Company cannot and does not accept any responsibility or liability for any information you provide or for the use or misuse by you or any third party of any information sent or received in connection with your use of the Application. The Company is also not responsible for any loss resulting from unauthorized use of your account as a result of your failure to comply with this policy.
The Company controls and operates the Application from various locations and does not guarantee that the Application is suitable or available in all locations. The Application or certain features of the Application may not be available in your location or may vary from location to location.
THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY COURSE OF DEALING OR USE OR TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS MAKE ANY WARRANTY, AND EACH HEREBY EXPRESSLY WARRANTS THAT: (A) THE APPLICATION WILL BE SECURED OR ACCESSIBLE AT ANY SPECIFIED TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE IN OR THROUGH THE APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (D) THE RESULTS OF USING THE APPLICATION WILL MEET YOUR REQUIREMENTS. OR THAT (E) THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS OR COMMUNICATIONS FROM THIRD PARTIES AND AVAILABLE IN OR THROUGH THE APPLICATION, INCLUDING SECRET CONVERSATIONS, ARE ACCURATE, RELIABLE AND COMPLETE. YOU USE THE APP AT YOUR SOLE RISK. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUR SITUATION.
NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, ADVERTISERS OR DATA PROVIDERS SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO INABILITY TO USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION FOR BREACH OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) IN EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS APPLICATION. IN NO EVENT SHALL ANY LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FOR USE OR INABILITY TO USE THIS APPLICATION EXCEED BY ANY AMOUNT THAT YOU HAVE PAID TO THE COMPANY FOR USE OF THIS APPLICATION OR THE AMOUNT OF FIVE HUNDRED HUNDRED (500 PLN), IF THERE WERE NO PRIOR PAYMENT OBLIGATIONS ON YOUR PART TO THE COMPANY, AS THE CASE MAY BE. SOME JURISDICTIONS DO NOT PROVIDE FOR EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOUR SITUATION. NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS, NOR ANY THIRD PARTY MENTIONED IN THE APPLICATION SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APPLICATION. THE LAWS OF SOME STATES/COUNTRIES IMPOSE LIMITATIONS ON THE LIMITATION OF LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD VIOLATE APPLICABLE LAW. IN THE EVENT THAT THE WORDING OF ANY PROVISION INDICATES AN EXCLUSION OR LIMITATION OF LIABILITY BEYOND THAT PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR LIABILITY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Please note that if you use the App on a mobile device, your carrier's normal rates and charges, such as text messaging and data charges, will still apply.
The Application may provide links leading to websites, applications or other products or services of third parties ("Third Party Services"). The Company does not control the Third-Party Services in any way, and as such, the Company is not responsible for the privacy measures employed by the Third-Party Services and has no liability related to the Third-Party Services. You link to any Third Party Services other than the Application or use any Third Party Services other than the Application at your own risk. The Company's publication of links to Third Party Services does not imply any endorsement by the Company of the material posted on such Third Party Services or related Third Party Services, and should not be considered such an endorsement by any user of the Application. The Company disclaims any responsibility for the products or services offered by any Third Party Services or the information contained in any Third Party Services. You must take reasonable steps to assess the appropriateness of your access to the Third Party Services, including the protection of your personal information and privacy when using any Third Party Services and compliance with applicable agreements.
You may not link to our websites, applications, content or services in a manner that: (i) unlawful, (ii) implying any form of affiliation with us or approval or endorsement from us when none exists, (iii) damaging our reputation, or (iv) fraudulent.
We welcome your comments and feedback on the Application. All communications you send to us and content published on the App stores are considered non-confidential unless otherwise expressly declared. You agree that we may decide to publish such content at our discretion. You agree to authorize us to use such content free of charge, and to correct, modify, adapt and contextualize such content or make any changes we deem appropriate.
We are not obligated to monitor your access to or use of the Application. However, we reserve the right to do so in order to operate and maintain the Application, to ensure your compliance with this Agreement, and to comply with applicable legal requirements. We may report unlawful conduct to law enforcement authorities, and in the course of a valid legal proceeding, we may cooperate with law enforcement authorities to subject violating users to criminal prosecution. We reserve the right (but are not obligated) to remove or block any content posted on the Application or access to the Application, at any time, in each case without notice and in our sole discretion, if we determine in our sole discretion that your content or your use of the Application is inappropriate or in violation of the terms of this Agreement.
We may refuse to provide the service at any time, close Accounts and change the rules for providing the service.
The Company assumes no responsibility or liability to the users of the Application or any other person or entity for the performance or non-performance of the aforementioned activities.
The Application may be changed, expanded and improved by us from time to time, without prior notice. We may also, at any time, discontinue support for some or all of the Application or block selected features of the Application. Your use of the Application does not entitle you to require the continued operation or availability of the Application. Any modification or discontinuation of the Application or any feature will be made solely at our discretion, without any continuing obligation or liability to you.
You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers from and against any and all claims, suits, demands, liabilities and settlements, including, but not limited to, reasonable legal and accounting expenses or arising out of or allegedly resulting from your breach of the terms of this Agreement.
Unless otherwise provided by applicable law in your country of residence, the Agreement (and any non-contractual disputes/claims arising out of or relating to it) shall be governed by the laws of the state or country named above, excluding the force of applicable conflict of law provisions.
INSOFAR AS PERMITTED BY APPLICABLE LAW, YOU AND INVESTMENT AMALYTICS SP. Z O.O. AGREE THAT EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OWN NAME AND NOT AS A PLAINTIFF OR AS A MEMBER OF A CLASS IN ANY PUTATIVE CLASS ACTION PROCEEDING. Unless both you and INVESTMENT ANALYTICS SP. Z O. O. agree to do so, no arbitrator or judge may consolidate the claims of more than one person or otherwise preside over any form of proceedings following a class action.
If you are a resident of any country in the European Union or the United Kingdom, Switzerland, Norway or Iceland, the applicable law and jurisdiction are the laws and courts for the company in which it is registered and conducts its main business.
Both you and the Company mutually agree that any dispute, claim or controversy arising out of or relating to this Agreement (collectively, the "Disputes") shall be resolved by binding individual arbitration (the "Arbitration Agreement"). If there is a dispute as to whether this Arbitration Agreement is enforceable or applicable to a Dispute, both you and the Company agree that the issue shall be decided by an arbitrator.
In order to make the arbitration proceedings as convenient as possible, the Company agrees that any required hearings in arbitration proceedings may be held, at your option: (a) at a location appropriate to the Company's registered office; (b) by telephone call or video conference; or (c) by submission of documents to the arbitrator only, if all parties agree.
The arbitration fees paid by you and your share of the arbitrator's fees are subject to the AAA Rules and, where applicable, are limited by the AAA Consumer Rules ("AAA Consumer Rules"). If such costs are deemed excessive by the arbitrator, the Company will pay all arbitration fees and expenses. Either party may request that the arbitrator award attorneys' fees and costs upon proof that the other party has asserted a claim, counterclaim or defense that is factually or legally baseless, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, to the extent permitted by applicable law and the AAA Rules.
The arbitrator's decision will take into account the relevant findings and conclusions on which the arbitrator will base his award. The arbitral award may be brought before any court of competent jurisdiction. The arbitrator may grant any form of relief permitted by the regulations or the AAA Rules, but a declaratory judgment or injunctive relief may be granted only on an individual basis and only to the extent necessary to provide relief justified by the claimant's individual claim.
Prohibition of Class Actions or Class Proceedings You and the Company acknowledge and agree that, to the fullest extent permitted by law, both parties waive the right to participate as a plaintiff or class member in any purported legal proceeding conducted following a class action, class action arbitration, private action brought in the public interest, or any other proxy or joint proceeding. Unless we agree in writing, an arbitrator may not consolidate the claims of more than one person or otherwise preside over any form of proceeding following a class action. If a final judicial determination is issued stating that applicable law precludes enforcement of the waiver contained in this paragraph with respect to any claim, cause of action or requested remedy, then such claim, cause of action or requested remedy, and only such claim, cause of action or requested remedy, shall be severed from this arbitration agreement and shall be filed in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then we mutually agree that the claims, causes of action or requested remedies in question that are not subject to arbitration shall be suspended until all claims, causes of action and requested remedies that are subject to arbitration have been resolved by the arbitrator.
If the Company changes the content of this Article after the date of your last acceptance of the content of this Agreement (or your acceptance of any subsequent changes to the content of this Agreement), you may reject the change by written notice sent within 30 days of the effective date of the change (including by email). However, rejection of a new amendment does not revoke or alter your prior agreement to any prior agreement to arbitrate any Dispute between you and the Company (or your prior agreement to any subsequent amendments to this Agreement), which will remain in effect and enforceable as to any Dispute between you and the Company.
Except as indicated in the preceding paragraph, upon termination of the Agreement, all provisions of the Agreement that by their nature should remain in effect after termination of the Agreement shall remain in effect, including, but not limited to, provisions relating to property rights, disclaimer of warranties and limitation of liability.
If for any reason an arbitral tribunal or court of competent jurisdiction determines that any provision of this Agreement or any part thereof is unenforceable for any reason, then such provision shall be enforced to the fullest extent permissible, so that the intent of this Agreement and the other provisions of this Agreement shall remain in effect. The use of a printed version of this Agreement shall be permitted in arbitration, judicial or administrative proceedings.
No waiver by the Company of any right under the terms and conditions set forth in this Agreement shall be deemed a future or permanent waiver of any right under said term or condition or a waiver of any right under any other term or condition, and the failure of the Company to exercise any right or provision under this Agreement shall not constitute a waiver of said right or provision. If any provision of this Agreement is for any reason held by a court of competent jurisdiction or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, the said provision shall be deleted or reduced to a minimum extent so that the remaining provisions of this Agreement shall remain in full force and effect.
If you believe that material available on or through the Application infringes your copyright, you may request removal of such material (or access to it) from this Application by contacting the Company and providing the following information:
a. Identify a copyrighted work that you believe is being used illegally. Please describe this work and, if possible, include a copy or location of the authorized version of the work.
b. Identification of the material that you believe infringes copyright and its location. Please describe this material, and provide the URL or any other relevant information that will allow us to locate it.
c. Your name, address, telephone number and (if possible) email address.
d. A statement confirming that, acting in good faith, you presume that the distribution of the content in the manner described in the complaint is taking place without the permission of the copyright owner or its agent or is taking place outside the limits permitted by law.
e. A statement certifying that the information you have provided is accurate, and indicating that "under penalty of perjury" you declare that you are the copyright owner or have authority to act on behalf of the copyright owner.
f. A signature or its electronic equivalent by the copyright owner or its authorized representative.
In order to protect the rights of copyright owners, the Company has a termination policy, under appropriate circumstances, for subscribers and account holders in the Application who repeatedly violate copyright law.
Questions and comments
If you have any comments or questions about any element of the Application or any portion of these Terms of Service, need support, or have a claim, please contact us at. pomoc@medicscanner.com.
Investment Analytics ul. B. Chrobrego 4, 12 – 100 Szczytno, NIP: 7451838341, Regon: 280617054, KRS: 0000387722
EN 
PL