Latest Revision: 31st May, 2023
ESSENTIAL REMINDER: Disease.expert is not a substitute for professional medical diagnosis and should not supersede the discernment of a duly licensed healthcare practitioner. We strive to offer instructive insights based on the accessible data regarding symptoms, aimed to bolster your decision-making process. If you encounter any queries or apprehensions about the data provided by Disease.expert, we strongly advise you to seek counsel from your certified healthcare practitioner.
Latest Amendment: 31st May, 2023
a) The operational principles of the "Disease.expert" website and Bot,
b) Guidelines for the provision of digitally-delivered services,
c) The duties and rights of the Service Provider and Service Beneficiaries,
d) The geographical sphere of the Bot's use.
In reference to these Service Agreement, the following definitions apply:
a) "Agreement" denotes the contract for digitally-delivered services, concluded between the User as defined in section 2(m) and the Service Provider as defined in section 2(k),
b) "Bot" refers to the portable device software, made accessible free of charge by the Service Provider as per section 2(k), facilitating the utilization of the Services as per section 2(j),
c) "Force Majeure" signifies an unexpected and unavoidable external event that occurs post-agreement as per section 2(a), which fully or partially hinders the fulfillment of duties arising from said Agreement. This includes events such as war, revolution, conflagration, flood, epidemic, transportation restrictions, wide-spread strike affecting key economic sectors, state or local government mandates, and disruptions in transportation due to acts of terrorism,
d) "GDPR" stands for Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of individuals with regards to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation),
e) "AI Diagnosis" indicates an interactive process between the computer system and the User, wherein information regarding symptoms and disease predispositions of the User or third-party beneficiary is garnered with the purpose of generating a Result. The AI Diagnosis may be conducted through an interactive system available on the Website and Bot,
f) "License" refers to a non-exclusive, temporary, revocable, and royalty-free license granted to Users as defined in section 2(l), permitting the use of the Bot or Website as per section 2(i),
g) "Provision of a service by electronic means" represents the provision of the Service as described in section 2(j), delivered remotely, without the simultaneous presence of the parties, through data transmission at the User's as defined in section 2(l) individual request. This data is transmitted and received through electronic processing devices, including digital compression and data storage, which is entirely sent, received, or transmitted via a telecommunications network as per the Telecommunications Law of 16 July 2004,
h) "Service Agreement" refers to the present document,
i) "Website" denotes the "Disease.expert" online platform, which comprises of interactive computer software subject to license and other content uploaded by the Service Provider. The Website operates independently, but is connected to other websites managed by the Service Provider,
j) "Services" signify all activities digitally provided by the Service Provider as per section 2(k) to the User as per section 2(l), within the confines of the Bot and/or Website,
l) "User" represents a natural person of at least 18 years, possessing full legal capacity, and utilizing the Services for non-professional or non-commercial purposes. The intent is to receive the Result for either themselves or for a third-party beneficiary,
m) "Result" stands for the information in the form of a report generated by a computer system, aimed at presenting potential threats and diseases potentially related to symptoms and predispositions communicated by the User during the AI Diagnosis. A Result does not constitute or replace a medical diagnosis or medical advice.
The current edition of this Service Agreement is freely accessible at https://Disease.expert.
By utilizing the Bot and/or Website, the User pledges to abide by the terms and conditions delineated in this Service Agreement.
The intent of the Website and/or Bot is to offer the User potential diseases and illnesses for educational and informational purposes only, which may not correlate directly with the symptoms and illnesses expressed by the User during the AI Diagnosis, in order to generate the Result. The website is not intended for use during emergencies. If such a situation arises, the User must cease using the website and promptly contact local emergency services.
The AI Diagnosis, the Result, and all content disseminated on the Website and/or Bot serve exclusively educational and informational purposes. They must never be considered as, or substituted for, advice, consultation, or diagnosis from a medical professional. The AI Diagnosis, the Result, and all content on the Website and/or Bot do not form a foundation for self-diagnosis, personal treatment, or third-party treatment based on information gathered through the Website and/or Bot. Any information acquired via the Website and/or Bot, particularly information in the form of disease units generated by the computer system in the guise of an AI Diagnosis and a Result, is not construed as any form of healthcare service and does not replace a medical appointment, medical diagnosis, or any form of consultation with a medical professional. The User should always consult their medical concerns prior to making decisions or taking actions based on the AI Diagnosis result.
Users must never disregard professional medical advice or cancel medical appointments due to reliance on the information obtained from the AI Diagnosis Result.
The Service Provider emphasizes that any pharmaceuticals, including those listed on the Website and/or Bot, or in relation with an AI Diagnosis or a Result, should only be used following medical or pharmaceutical consultations.
The Service Provider reserves the right to partially or completely disable the operation of the Website and/or Bot to perform necessary maintenance or updates without prior notice to the Users. In the event of total Website and/or Bot shutdown, an appropriate notification will be published on the Service Provider's website.
The Service Provider disclaims any liability for:
a) User's actions or neglect in relation to information garnered through the Website and/or Bot,
b) Actions or neglect of third parties benefitting from the User's AI Diagnosis in relation to information obtained through the Website and/or Bot,
c) The use of medicines and other pharmaceuticals listed on the Website and/or Bot as detailed in sections 2 and 3,
d) Non-performance or improper performance of Agreement obligations due to defective User hardware or software,
e) Authenticity, reliability, accuracy, and completeness of data and information provided on the Website and/or Bot by the Users,
f) Damage caused by actions of third parties for which the Service Provider is not accountable,
g) Damage arising from the sale of goods and provision of services mentioned in the advertising, promotional and informational content of the Website and/or Bot, particularly improperly performed goods and services, those violating legal regulations or lacking the offered properties,
h) Disruptions in the functioning of the Website and/or Bot due to reasons beyond the Service Provider's control, particularly Force Majeure,
i) Any damage resulting from the use of the Website and/or Bot by Users in a manner contrary to the law or the Service Agreement,
j) Content hosted on websites in other domains not owned by the Service Provider to which hyperlinks have been placed on the Website and/or Bot,
k) Use of the Bot outside of the designated territory of the European Union.
The Service Provider disclaims any responsibility for the content of websites not administered by the Service Provider but linked to the Website and/or Bot.
The Website, Bot, and contained information do not, under any circumstance, constitute an offer in the context of the Polish Civil Code. Any prices included should be treated as an invitation to negotiate.
Users may access third-party websites and services through the Website and Bots by using Bots related
to such websites or services. The Service Provider is not party to any agreements for the provision of services by electronic means made between the User and a third party, and therefore, assumes no responsibility for such services.
The Service Provider's liability for providing the Service is governed by the pertinent provisions of law, and these Service Agreement should not be interpreted as providing additional guarantees or expanding the User's rights beyond statutory requirements.
The Service Provider, via the Website and/or the Bot, offers the following Services:
AI Diagnosis, Result.
The Service Provider facilitates the User to conduct an AI Diagnosis either for themselves or a third party (e.g. children or individuals otherwise unable to directly use the Bot). The selection is made by clicking the appropriate button during the initial stage of the AI Diagnosis.
The Service Provider delivers Services electronically via the Website and/or the Bot.
To properly utilize the Services, the User must at least meet the following criteria:
Possess a computer device fulfilling minimum technical requirements, or a device capable of downloading and running mobile Bots and complying with Bot requirements (specifically a mobile phone, PDA, smartphone, or tablet),
Have access to the internet,
Have access to an email account,
Possess Internet Explorer 9 or a later version, Firefox, Google Chrome, Safari (which supports HTML documents and enables the "cookies" files acceptance option) and/or other software, specifically those running on mobile devices,
Have the ability to read files in “pdf” format.
The Service Provider assumes no liability for any malfunctions in Services due to the use of devices that fail to meet the technical criteria.
The Services are provided by the Service Provider free of charge; however, the Service Provider retains the right to initiate charges for Services requested by the User in the future.
The information on this Website is presented by the Service Provider with the intention of disseminating health information at no cost for the public's benefit.
The Service Provider reserves the exclusive right to shape the content of the Bot and Website. Specifically, the Service Provider has the authority to modify and/or delete any content or features of the Bot and Website, and to transfer rights to the Bot and Website to a third party.
The Agreement pertaining to the use of the Website and/or the Bot is considered to be established upon initiating the AI Diagnosis and accepting the Terms of Service.
The conclusion of the Agreement is voluntary. Should the User disagree with the Terms of Service, they are obliged to promptly remove the Bot from their mobile device and/or abstain from using the Website.
The Agreement concerning the use of the Website and the Bot is made on a per-use basis, lasting for the duration of each AI Diagnosis, and is considered fulfilled when the Result is provided to the User.
Any distribution and dissemination of illicit content by the User through the Website and the Bot is strictly prohibited. Specifically, the User may not post or publicize links and references on the Website and within the Bot to websites that:
a) Infringe upon third parties' personal rights and interests, or provoke hatred on the basis of race, ethnicity, religion, cultural background, or sexual orientation,
b) Promote pornographic or violent content,
c) Contain advertisements,
d) Violate the Pharmaceutical Law of 6 September 2001 – (Journal of Laws no. 126, item 1381 as amended),
e) Breach generally accepted internet community norms.
The User should employ the Website and the Bot solely in accordance with their designated purpose. The User may not execute any actions that may hamper the proper functioning of the Website or the Bot. The User is not permitted, either independently or with the assistance of third parties, to alter, circumvent, or disrupt the security systems of the Website or Bot, or to undertake actions impacting the Website and Bot in a manner that may result in damage or overload.
The User bears responsibility for their actions related to the use of the Website and the Bot. The User can exclusively utilize the Services provided by the Service Provider for purposes that align with the Terms of Service, applicable law, and established customs.
The Service Provider endeavors to ensure the uninterrupted operation of the Website and the Bot. Nevertheless, the Service Provider notes that temporary disruptions in the functioning of the Website and the Bot may occur due to data updates, bug repairs, and maintenance work.
While the Service Provider has taken necessary precautions to ensure the accuracy of the content contained on the Website, the information is provided with the understanding that the Service Provider is not delivering professional advice on a specific matter.
The User is prohibited from utilizing the Website and Bot for commercial purposes, or for the advertising of medical services, medicines, or other pharmaceuticals. This is an exclusive right of the Service Provider and the partners of the Website and the Bot, granted with the Service Provider's consent.
The User is not permitted to copy, modify, publish, or reproduce the Website or the Bot in whole or in part.
The User reserves the right to withdraw from or terminate the Agreement at any given time by discontinuing the use of the Website. If the Services are delivered through the Bot, the User may effect withdrawal from or termination of the Agreement by uninstalling the Bot.
The Service Provider is empowered to terminate the Agreement with immediate effect, upon providing notice, if the User infringes upon the Terms of Service and/or if the User's activities breach generally accepted norms or are detrimental to the Service Provider or other Users.
The Bot and the Website are safeguarded by copyright, which is vested in the Service Provider.
Graphics, technical solutions, text, software, databases, and all other content that are posted and published via the Website and the Bot, as well as their arrangement (layout), are protected by copyright and related rights that are vested in the Service Provider.
The Service Provider allows Users to use the Website and the Bot, granting Users a non-exclusive, revocable, non-transferable, non-assignable, and time-limited license for the use of the Website and the Bot, along with a license with an unlimited territorial scope to use the Website and the Bot. The aforementioned License permits Users to create multiple hard copies by installing the Bot on a mobile device for its intended purpose and features outlined in the Terms of Service. Users are not granted any rights, including intellectual property rights, beyond those stipulated in these Terms of Service. In particular, Users are not granted any right to the source codes of the Website and the Bot. Users acknowledge that if they breach the above obligation, this may infrace the Service Provider’s proprietary copyright to the Website and to the Bot, and may result in the User's criminal liability.
The Service Provider asserts that it has the right to grant the license as described in section 7(3).
Content not provided by the Service Provider is or may be shared with the User in the course of providing the Services. The party who shares such content bears sole responsibility for it. The Service Provider does not monitor the content published by Users for consistency with the provisions of law and these Terms of Service.
The User will not acquire any intellectual property rights to the content described in section 7(5) above through the use of the Services. The User may only use the Services if certain conditions set out in legal provisions are met and/or consent has been given by the relevant entity.
All product, service, or entity names and markings, particularly trademarks, logos, and/or symbols (the "Materials") of the services are placed on the Website and in the Bot for informational purposes only. These Materials are the exclusive property of their respective entities and are used in compliance with the relevant provisions of law, specifically section 29 of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws no. 24, item 83, as amended) and in a manner consistent with sections 5 and 9 of the Act of 16 April 1993 on Combating Unfair Competition. The Service Provider does not assume any information placed on the Website and in the Bot - to the extent it is owned by third parties. The Service Provider is not responsible for the content of such information, views expressed on the Website and in the Bot, or rights related to such information.
Complaints regarding the Services provided electronically by the Service Provider under these Terms of Service can be submitted in written form to the following email address: dx@disease.expert
For a complaint to be processed appropriately, it must contain at minimum the following information:
- Information identifying the User (name, surname, email address),
- Subject matter of the complaint,
- Statement of reasons for the complaint.
The Service Provider reserves the right to request additional information or clarifications from the complainant if deemed necessary for the processing of the complaint.
The Service Provider will handle the complaint promptly, ensuring it is processed within no more than 30 business days from the date of its submission.
Complaints will be processed in accordance with these Terms of Service and the applicable provisions of law.
The decision regarding the complaint's resolution will be conveyed to the User via email to the address provided in the complaint.
The User has the right to resort to out-of-court complaint and redress mechanisms before the Permanent Consumer Court of Arbitration competent for the seat of the Service Provider.
The Service Provider safeguards the personal data of Users, processing it in compliance with the General Data Protection Regulation (GDPR) and the applicable provisions of domestic law. Detailed information regarding the processing of personal data and the use of cookie files can be found in our Privacy Policy, available at: https://Disease.expert/privacy-policy/, and our Cookies Policy, available at: https://disease.expert/cookies.
Please note that the provision of services via electronic means inherently entails certain risks, such as the presence of malware (e.g., viruses, harmful software capable of self-replication) and/or spyware (software that monitors a user's Internet activity). The Services are also vulnerable to hacking and/or phishing (fraudulent acquisition of passwords). However, the Service Provider has taken all necessary steps to minimize these risks.
Any amendments to these Terms of Service may be enacted at any time and will take effect once the amended Terms are posted on the Website and within the Bot. If any amendments are made to these Terms of Service, the User has the right to terminate the Agreement. Continued use of the Website and the Bot after amendments take effect will be deemed as acceptance of the amended Terms of Service.
By using the Website and/or the Bot, the User agrees to these Terms of Service and commits to comply with all rules within these Terms of Service.
In the case of agreements concluded by consumers (i.e., individuals who enter into agreements for purposes that are outside their trade, business, craft, or profession), when:
1. The Services are provided in the country where the consumer has their habitual residence, and/or
2. The provided Services are in any way directed to this country or to several countries including that country, and the agreement falls within the scope of those Services.
These Terms of Service come into effect on May 31, 2023.