§ 1 DEFINITIONS

1. Application – the application named Niezbędnik Pacjenta, available within the mobile application offered by the Service Provider.
2. Civil Code – the Act of April 23, 1964 – Civil Code.
3. Privacy Policy – a document available in the Application specifying the rules for processing personal data by the Service Provider via the Application, fulfilling the Service Provider’s information obligation under data protection law.
4. Regulations – these Terms and Conditions, specifying the rules for using the Application. The Regulations are provided free of charge via the Application in a format allowing download, saving, and printing for easy access.
5. Agreement – a service agreement provided via the Application, concluded between the User and the Service Provider for a fixed term, in Polish, under the terms of the Application Regulations.
6. Device – an external mobile device that meets the technical requirements specified in the Regulations and allows installation and use of the Application.
7. Services – all services provided electronically by the Service Provider to Users under the Agreement via the Application.
8. Service Provider – Niezbędnik Pacjenta sp. z o.o., with headquarters in Wrocław, at ul. Swojczycka 38E, 51-501 Wrocław, registered in the National Court Register (KRS) under number 0001052695, NIP: 8952260617, REGON: 52610088100000.
9. User – a person who meets the conditions specified in the Regulations and uses the Application.

§ 2. GENERAL PROVISIONS

1. These Regulations apply to the Services provided by the Service Provider via the Application.
2. The owner and administrator of the Application is the Service Provider.
3. Announcements, advertisements, price lists, and other information in the Application are considered an invitation to conclude an Agreement in accordance with Article 71 of the Civil Code.
4. Services within the Application are provided within Poland and abroad.
5. Use of the Application is free of charge.
6. The Service Provider exercises the highest diligence in providing the Services.
7. The provisions of these Regulations do not aim to exclude or limit the rights of Users who are Consumers, granted under generally applicable law, including the Civil Code and the Act of May 30, 2014, on Consumer Rights. In case of conflict, the law prevails.
8. The Regulations constitute an integral part of the Agreement, concluded when the User starts using the Services and accepts the Regulations.

§ 3. CONDITIONS OF USE

1. To start using the Application, the User downloads it to a mobile Device via the relevant app store: AppStore (iOS) or Google Play (Android).
2. The Application is available for Devices that meet the following technical requirements:
   a) Android version 9 or higher
   b) iOS version 15 or higher
3. Only natural persons with full legal capacity may be Users. Conditional use by persons over 13 years old is allowed with consent and confirmation of the User’s legal guardian.
4. The User must protect the confidentiality of information allowing access to the Application.
5. Services are intended solely for personal use and cannot be used to provide advice or information to third parties.
6. The User must use the Services in accordance with the Regulations, applicable law, and accepted Internet etiquette.
7. Full use of the Application requires entering into an Agreement with the Service Provider and accepting the Regulations.
8. The User may not interfere with the Application’s algorithms or source code.
9. Copying, modifying, distributing, transmitting, or otherwise using materials from the Application without written consent from the Service Provider or third parties holding intellectual property rights is prohibited, except for permitted use under the Copyright Act of February 4, 1994.
10. Violation of the previous point may constitute a breach of law and grounds for civil or criminal liability.

§ 4 APPLICATION FUNCTIONALITY

1. The Application allows the User to:
   a) quickly locate medical facilities based on health issues and location,
   b) view a map of nearby medical facilities,
   c) view contact details of medical facilities,
   d) navigate to the selected medical facility,
   e) check schedules and opening hours of medical facilities,
   f) access medical advice,
   g) add personal notes,
   h) view a map of stationary AED devices in Wrocław,
   i) access a list of 24-hour pharmacies in Wrocław,
   j) access information added in cooperation with the city of Wrocław.
2. The Application is available in Polish, English, and Ukrainian. Translations were made using DeepL (https://www.deepl.com/translator). The Service Provider is not responsible for incorrect translations.
3. For some functions, the Application may request permission to access device features or send notifications, including location sharing. Permissions can be changed anytime, but this may limit functionality.
4. The Application offers modules: Adult, Child, Pregnant.
5. The Application includes an emergency button to call 999.
6. The Application does not store personal or health data. Notes in the Medical Notebook feature are stored only on the User’s Device and are not accessible to the Service Provider.
7. The Application is informational and does not replace medical diagnosis or emergency care. Users should contact the nearest medical facility or emergency services in case of life-threatening situations.
8. Information about medical facilities is obtained from public sources, and the Service Provider is not responsible for discrepancies.
9. The Service Provider is not responsible for the refusal of services by medical facility staff.
10. The Service Provider is not liable for the quality of services provided by medical facilities.
11. Medical advice in the Application is for informational purposes only and does not replace professional medical consultation.
12. The Service Provider reserves the right to limit or expand functionalities at any time and will notify Users via the Application.
13. Some functionalities may be implemented in cooperation with the city of Wrocław under Smart City initiatives. Functionalities may be gradually expanded as the Application develops.

§ 5 COMPLAINTS

1. Users can submit complaints regarding the functioning of the Application by email at contact@niezbednikpacjenta.com.pl.
2. Complaints must describe the issue in detail.
3. Complaints will be addressed within 14 calendar days; Users will be notified by email.
4. Only Users may submit complaints.

§ 6. TERMINATION OF THE CONTRACT

1. Users may terminate the Agreement at any time without providing a reason.
2. Termination requires uninstalling the Application from the Device.
3. The Service Provider may stop providing the Application at any time; Users will no longer be able to access it.

§ 7 LIABILITY OF THE SERVICE PROVIDER

1. The Service Provider is not obliged to check data transmitted or stored via the Application under the Act on Electronic Services of July 18, 2002.
2. The Service Provider is not responsible for Users’ actions.
3. The Service Provider is not responsible for data entered by Users.
4. The Service Provider is not liable for interruptions due to force majeure.
5. The Service Provider is not responsible for malfunctioning due to the User’s Device.
6. The Service Provider is not responsible for devices that do not meet technical requirements.
7. The Service Provider is not responsible for third-party software.
8. The Service Provider is not responsible for telecom operators’ services or fees.
9. The Service Provider is not responsible for temporary service unavailability due to technical breaks.

§ 8 PROTECTION OF PERSONAL DATA

1. The Service Provider is the Data Controller for Users’ personal data.
2. Personal data are processed in accordance with GDPR (EU) 2016/679 and other applicable laws.
3. Detailed rules for processing, including purposes, legal basis, and User rights, are in the Privacy Policy.

§ 9. FINAL PROVISIONS

1. The Service Provider may impose temporary access restrictions due to maintenance or technical work. Efforts will be made to minimize duration.
2. The Service Provider may amend the Regulations. Changes take effect 30 days after announcement.
3. Disputes will be resolved amicably or with an independent mediator.
4. Consumers may use out-of-court dispute resolution and the ODR platform.
5. Matters not covered by the Regulations are governed by Polish law, including the Civil Code and Consumer Rights Act.
6. Changes to the Regulations are made due to the expansion of Application functionality in cooperation with the city of Wrocław. Functionalities may change as the Application develops.
7. These Regulations are effective from 26.08.2024.