Regulations of the website and mobile application Veterinary Application / VetApp

§1 
GENERAL PROVISIONS AND DEFINITIONS

Preamble

The services offered within the framework of the website and Veterinary Application / VetApp are only a kind of preliminary advice or pre-diagnosis not having the nature of providing veterinary services within the meaning of the Act on Medical Establishments for Animals of December 18, 2003 (Journal of Laws of 2019, item 24). It is stipulated that they are only a form of initial assistance intended for the User's animal after which the user/service user will be recommended for further consultation at an animal treatment facility. The services offered within the service or application cannot replace a visit to a veterinarian and do not constitute an alternative method of diagnosing and treating animals. The provider of the service/application does not have the status of an animal treatment facility as defined by law and the pre-diagnosis is made based on the operation of a specialized algorithm.

1. Within the framework of these regulations are established:
a/ the principles of operation of the vetapp.app website and mobile application and the territorial scope of their operation,
b/ the principles in which the provision of services by electronic means will take place, 
c/ rights and obligations of service providers and service recipients.

2. For the purposes of these Regulations, the following definitions are established:

2.1. Application - software that allows users to use the services offered by the service provider on mobile devices including but not limited to phones, tablets, etc.

2.2. Electronic Health Book - functionality available within selected packages (indicated packages in the system in the Subscription tab - plan comparison), within which the User will be able to independently upload documentation of treatment of the animal of which he/she is the owner in formats and sizes allowed by the application. The documentation will not be processed in any way by the Service Provider. With the deletion of the account, the User agrees to delete all documentation on the treatment of the animal.

2.3. Chat with a veterinarian - functionality available as part of the VetApp VIP package consisting of the option for the User to send a message to a veterinarian and receive a response regarding the Result and the pre-diagnosis performed within no more than 12 hours of sending the message. The response will be sent in the form of an email exclusively through the application. The functionality will be available 7 days a week, from 7:00 am to 11:00 pm.

Translated with DeepL.com (free version)

2.4. License - means a non-exclusive, temporary, revocable, territorially unlimited, and royalty-free license granted to service recipients for the use of the Application or the Service referred to herein. The license for subscription variants may be subject to fees, of which the User will be informed in advance.

2.5. Privacy Policy - a document containing information on the principles of collection, storage, processing, and use of the User's Personal Data on the Services belonging to the Administrator available at the web address - https://vetapp.app/privacy-policy.

2.6. Regulations - these Regulations of the Veterinary Application / VetApp website and mobile application. The current version of the Regulations is available at the web address - https://vetapp.app/terms-and-conditions

2.7. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).

2.8. Service - an Internet service available at https://vetapp.app, where content offered by the service provider, including software offered by the service provider, is posted.

2.9. Provision of service by electronic means - the performance of a service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient of the service, transmitted and received by means of equipment for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004. - Telecommunications Law.

2.10. Videoconsultation - one of the services available on the Application and the Service, consisting of verification of the correctness of the pre-diagnosis by a Consultant with veterinary training at the request of the Service Recipient in the form of a remote conversation, during which the Consultant will not perform a veterinary interview, will not indicate a course of treatment, will not take any information from the Service Recipient beyond the scope of the pre-diagnosis performed by him in the Application.  The Consultant's actions are solely to confirm or deny the accuracy of the pre-diagnosis. Actions performed by the Consultant do not constitute activities involving the provision of a veterinary service in accordance with the provisions of the Law on Animal Medical Establishments. For the purpose of verifying the quality of video consultations provided, they may be recorded by the Service Provider. For details in this regard, please refer to VetApp's Privacy Policy.

2.11. Contract - a contract concluded between the service provider and the service recipient for the provision of electronic services.

2.12. Service - the programs, functionalities, and options offered and made available by the service provider as part of the Site and Application,

2.13. Customer or User - a legal entity or an individual who is at least 18 years old, has full legal capacity, and uses the Services through the Website or Application.

2.14. Service Provider - Veterinary Application OÜ, registered at: Estonia, Tallinn, Lõõtsa tn 5, 11415, registered under the number: 16570707.

2.15. Result - the result of the performed pre-diagnosis in the form of a report generated by the computer system after the interview and information provided by the recipient of the service or/and symptoms present in the animal. The result provides information about potential diseases and/or risks that may or may not be present in the animal. The score represents one of the diagnosable diseases/illnesses in the animal and is linked to the symptoms and predispositions provided by the Service Recipient during the Interview. The result will be visible in the form of a generated digital document, for which it is necessary to provide the email address of the User. If the email address is not provided, the Result will be generated for the User's information and will then expire.

2.16. Interview - an activity involving the computer system asking specific questions and input by the User and processing by the computer system of the information entered by the User regarding the general characteristics of the animal, symptoms and/or diseases present in the animal, aimed at generating the Result. The interview cannot replace the veterinarian's interview.

§2 
RULES OF USE OF THE SERVICE AND APPLICATION, STATEMENTS

1. The Service and the Application are tools by means of which the User, after conducting an Interview, can obtain information on potential conditions, diseases or dysfunctions occurring in an animal about which the User has entered certain information.

2. The Service and the Application are a tool for so-called pre-diagnosis and cannot replace a proper diagnosis performed by a veterinarian and can only be used in an auxiliary manner. The Service Provider stipulates that the Interview and the Result cannot be interpreted or treated as an interview conducted by a veterinarian or as a diagnosis made by a veterinarian.

3. The Service Provider stipulates that the Service and the Application are not tools to be used in emergency situations that threaten the health or life of an animal. In such situations, you should contact your veterinarian directly.

4. The Interview and the Result, as well as all other content on the Service or the Application, are for educational and informational purposes only and cannot replace medical knowledge and information provided by a veterinarian.

5. The Result generated after the Interview cannot be the sole basis for the User's decision to implement a specific type of treatment for an animal. The Result may only be treated as a "knowledge base" of specific animal ailments. Neither the Result nor the Interview can be the exclusive basis for the User's use of veterinary medicinal products or other pharmaceuticals for an animal without consulting a veterinarian.

6. In addition to the User's ability to use the functionalities available in the Interview and the Result, the Service and the Application also offer functionality consisting of the User's ability to use a Video Consultation conducted by a Consultant cooperating with the Application/Service. Video Consultations are not in the nature of providing veterinary services within the meaning of the Law on Animal Medical Establishments of December 18, 2003 (Journal of Laws of 2019, item 24). The task of the Consultant is solely to indicate at the request of the Client whether the pre-diagnosis generated by the algorithm (system) is correct or to deny this circumstance. The Service Provider stipulates that the Video Consultation cannot replace veterinary services and in order to obtain final advice and in order to perform an extensive and comprehensive diagnosis, a visit to an animal treatment facility within the meaning of Article 4.1.1-4 of the above-mentioned Law is recommended in each case.

§ 3 
OBLIGATIONS OF THE RECIPIENT

1. The Customer shall not post on the Site and/or Application:

a/ content containing manifestations of animal abuse;
b/ content containing incitement to violence or hatred against people and/or animals, a group of people on the basis of gender, race, color, ethnic or social origin, genetic features, language, religion or beliefs, political or any other views, nationality, membership of a national minority, property, birth, disability, age or sexual orientation;
c/ content that may facilitate the commission of a crime.

2. It is prohibited for the Service Recipient to post advertisements for products, including in particular veterinary medicinal products or pharmaceuticals for animals, medical services without the consent of the Service Provider. In order to obtain such consent, the Service Recipient should contact the Service Provider directly at: info@vetapp.app.

3. The Service Recipient shall not copy or otherwise fix the content of the Website or Application, or the source codes for the Website or Application, modify and distribute and reproduce in whole or in part the content of the Website or Application without the express permission of the person authorized to act on behalf of the Service Provider. This does not apply to: linking to other websites, services, post-interview generated results and knowledge base. In the event of violation by the Client of the Service Provider's copyrights in the Website and Application, the Service Provider shall take all legal steps to protect intellectual property rights, including the right to assert claims for infringement of such rights.

4. Any action of creating fictitious accounts by the User, breaking security, or interfering with the operation of the Site or the Application is prohibited.

5. It is prohibited to use the Website or the Application in the absence of acceptance of the terms and conditions of these Terms and Conditions. In the case of non-acceptance, the Service Recipient should stop using the Website and Application and remove the Application from his/her computer or mobile device.

§ 4
SERVICE PROVIDER'S LIABILITY

1. The Service Provider stipulates that it shall not be liable for the actions of the Client in violation of these Terms and Conditions. In particular, the Service Provider:

a/ shall not be liable for any actions or omissions taken by the Service Recipients with respect to animals that the Service Recipient owns, or with respect to other animals in connection with the information obtained through the Service or the Application, in particular the information obtained through the generated Result;

b/ shall not be liable for the use of any veterinary medicinal products or animal pharmaceuticals by the User;

c/ shall not be liable for non-performance or improper performance of obligations under this Agreement if they are in connection with defective hardware or software of the devices used by the Service Recipient, as well as interruptions in the operation of the Site or Application due to reasons beyond the Service Provider's control, including interruptions in the use of the Site and Application for the purpose of updating data, fixing errors and/or performing other necessary actions by the Service Provider;

d/ shall not be liable to the Client for damages and/or lost profits, including any claims of the Client against the Service Provider for compensation and/or damages are excluded if such claims are the result of the Client's failure to comply with the provisions of these Terms and Conditions;

e/ shall not be liable for the content posted by the Client on the Application or the Site, in particular for its truthfulness and reliability and the right of third parties to such content, and moreover for the content posted on websites located on other domains not owned by the Service Provider, to which links are included in the content of the Application and/or the Site;

f/ shall not be liable for any content of an advertising nature posted on the Website or the Application, in particular content relating to advertised goods and services for which the Service Provider is not directly responsible. If the Service Provider posts prices for certain products, the Service Provider stipulates that this does not constitute an offer within the meaning of Article 66 of the Civil Code, but only an invitation to negotiate;

g/ shall not be responsible for temporary deficiencies in the User's access to the Electronic Health Booklet and for the lack of access to Chat with a veterinarian due to system failure or upgrade.

3. the Service Provider shall be entitled to suspend the operation of the Site or Application for the purpose of repairing, upgrading and/or updating them, without prior notice to individual Service Recipients. However, such action will be preceded by posting a relevant notice on the Site.

4. The Service Provider shall not analyze or monitor the content posted by the Service Recipients for its compliance with the law or the Terms and Conditions, except when it receives such notification of the User and there is a reasonable suspicion that there has been a violation of the Terms and Conditions of universally applicable laws.

§5
PROVISION OF SERVICES BY ELECTRONIC MEANS

1. The Service Provider shall provide Services electronically through the Website or the Application. Provision of Services by the Service Provider is free of charge (VetApp Free) - with the exception of the Videoconsultation services and the paid subscription VetApp Premium and VetApp VIP providing a greater functional scope (as part of a monthly or annual subscription), which are subject to payment under the rules described in these Regulations. The Service Provider stipulates that charges may also be introduced for other Services, of which the Service Recipient will be informed in each case.

2. Access to paid functions (VetApp Premium and VetApp VIP) is possible after purchasing a subscription. Subscription payments are made through an online payment system.

3. Subscription payments are made in advance for the period selected by the User (monthly or yearly). The subscription is automatically renewed unless the User decides to cancel it before the end of the current billing period.

4. The fee for a Video Consultation will depend on the length of the Video Consultation and the time it is provided, as well as the person providing the Video Consultation. The User will be informed of the expected cost of the Video Consultation each time before the Video Consultation. The fee shall be charged in advance via the payments indicated in Section 2.

5. Payments for the Videoconsultation and subscription service shall be made through the provided Stripe Internet payment system (Stripe Inc,
headquartered in the United States at: 354 Oyster Point Boulevard, San Francisco, California, 94103); detailed terms and conditions for the use of the Products can be found here: https://stripe.com/en-pl/legal/privacy-center

6. All invoices for Videoconsultation services and subscriptions purchased, are available for download directly from the Transaction History, made available to the User in the application.

7. In order to use the Website and the Application, it is necessary to have a computer or mobile device with Internet access and a web browser. Email is not required, and will only be necessary if you wish to create an account within the Portal or Application, or if you wish to use the Video Consultation service. The User shall be solely responsible for the proper operation of the equipment necessary for the operation of the Portal or Application.

8. The conclusion of the Agreement between the Service Provider and the User is voluntary. The conclusion of the Agreement must be preceded by the User's acceptance of the provisions of these Terms and Conditions, and then by the commencement of use of the Website or Application and the functionalities available through them.  The agreement for use of the Site and Application is concluded for the duration of the Interview or Videoconsultation and is executed in each case with the delivery of the Result to the Service Recipient or with the end of the Videoconsultation.

9. Access to the content of the Service and the Application does not require the creation of an account by the User, unless the User wishes to have the Result sent to his/her email address or if the User wishes to use the Video Consultation.

§6
TERMINATION AND WITHDRAWAL FROM THE AGREEMENT

1. The Service Provider may terminate the Agreement with immediate effect by blocking or preventing the User's access to the Application or the Website in the event that the User violates the provisions of these Terms and Conditions or other provisions of common law in a manner incompatible with the use of the Website or the Application.

2. The Service Recipient shall have the right to withdraw from the Agreement and terminate it at any time by ceasing to use the Website or if the Application is deleted from the computer or mobile device.

§ 7
COMPLAINT PROCEDURE

1. Complaints about the Services provided electronically, in particular about irregularities or interruptions in the functioning of the Application or the Website, may be submitted via e-mail to the Service Provider's e-mail address: info@vetapp.app within 30 days of the occurrence of irregularities. The service provider also indicates a telephone contact number +48 572 292 162 available on weekdays from 10:00 to 15:00.

2. The complaint should contain at least: the name and surname of the complainant and a description and date of the irregularity.

3. The Service Provider undertakes to consider the complaint within 30 days from the date of its submission. The Service Provider will respond to the complaint to the e-mail address through which the complainant sent the complaint.

4. In the event of a dispute arising from the contract, the Service Recipient and the Service Provider shall first make efforts to resolve such dispute amicably. If the parties fail to reach an agreement, the dispute will be settled by the competent common court. Before filing a lawsuit with the competent common court, the Service Recipient, as a consumer, may file a complaint with one of the bodies authorized to settle out-of-court consumer complaints and disputes. A current list of such authorities is available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl. For amicable settlement of an online dispute, the Service Recipient may also use the list located at: https://ec.europa.eu/consumers/odr.

5. The Service Provider shall not use the out-of-court dispute resolution referred to in the Law of September 23, 2016 on out-of-court resolution of consumer disputes.

§8
LICENSE AND INTELLECTUAL PROPERTY RIGHTS

1. For the purpose of enabling the Service Recipients to use the Site and the Application, the Service Provider shall grant the Service Recipient a License (detailed in § 1 2.4.) to use the Site and the Application. Under the License granted, the Service Recipient shall only be entitled to use the Site or Application in accordance with the Terms and Conditions and install the Application on mobile devices.

2. The Service Recipient shall not be entitled to any intellectual property rights in the Site or the Application. It is forbidden for the Service Recipient to use the source codes of the Website or the Application, or to make any modifications. The Service Recipient shall be entitled to use the contents of the Application and the Website in accordance with the provisions of the Act of February 4, 1994 on Copyright and Related Rights (.i.e. Journal of Laws of 2021, item 1062), the Act of July 27, 2001 on Protection of Databases (i.e. Journal of Laws of 2021, item 386) and the Act of April 16, 1993 on Combating Unfair Competition (.i.e. Journal of Laws of 2020, item 1913, as amended).

3. There is no transfer of ownership or any other intellectual property rights to the content of the Site or the Application to the Customer in the trams of the agreement for the provision of services by electronic means.

4. the Service Recipient stipulates that all technological solutions, software, databases and intellectual property rights, including but not limited to trademarks are the property of the Service Provider, are subject to legal protection and may not be used by the Service Recipient or third parties without the express consent of the Service Provider.

§9 
PERSONAL DATA PROTECTION, PRIVACY POLICY, COOKIES

1. The Service Provider indicates that the provision of personal data is not mandatory when using the Site or the Application. Regardless, in case of their voluntary provision, the Service Provider shall take all technical and legal measures to protect the personal data of the Service Recipients and their privacy. In particular, personal data shall be processed in accordance with the provisions of the RODO and special provisions

2. The Service Provider indicates that all information regarding the scope and manner and other issues concerning the processing of personal data and their protection, as well as the use of cookies, is contained in the Privacy Policy available at https://vetapp.app/privacy-policy

§ 10
FINAL PROVISIONS

1. In matters not covered by these Terms and Conditions, the provisions of generally applicable law shall apply. These Regulations shall be governed by Polish law and shall be subject to Polish jurisdiction.

2. Amendments to the Terms and Conditions may be made by the Service Provider at any time and shall become effective on the date on which the amended Terms and Conditions are made available on the Site and in the Application. If the Terms and Conditions are amended, the User has the right to terminate or withdraw from this Agreement immediately. However, if the User continues to use the Website or the Application after the amended Terms and Conditions have been implemented, this shall be deemed acceptance of the amended Terms and Conditions.

3. The declaration of invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions, which shall remain in force. Provisions deemed invalid shall be replaced by other provisions adapted to the provisions of the common law.

4. These Regulations do not exclude or limit any of the rights of consumers that they are entitled to under generally applicable law.

5. These Regulations shall enter into force on November 4, 2024.