TERMS AND CONDITIONS OF MEDCASES WEBSITE AND APPLICATION

THESE TERMS AND CONDITIONS GOVERN THE USE OF AND ACCESS TO THE WEBSITE. THESE TERMS AND CONDITIONS ARE ADDRESSED BOTH TO CONSUMERS AS WELL AS TRADERS (WITHIN THE MEANING OF ARTICLE 43[1] OF THE POLISH CIVIL CODE) WHO USE THE WEBSITE, UNLESS A PARTICULAR PROVISION OF THE TERMS AND CONDITIONS STATES OTHERWISE AND IS ADDRESSED TO EITHER CONSUMERS OR TRADERS.

User account

  • The services provided by MedIT and its partners via the Website or the Application are accessible to Users who have created a User Account.
  • User Account electronic service offers the User, among others, access to the Application, in accordance with the rules provided for in these Terms and Conditions.
  • User Account electronic service is provided free of charge, for an indefinite period of time.
  • The starting date of the User Account electronic service is deemed to be the date when MedIT creates User Account, on demand and with the consent of the User.
  • To create a User Account Users are required to register via the registration form.
  • The registration is completed once the User completes cumulatively two steps:
    • fills the registration form out and
    • on the dedicated webpage of the Website, after filling out the registration form, the User clicks a specified field dedicated to send the completed registration form - prior to this it is possible to modify the entered data individually (we advise to follow the messages displayed and information available on the Website).
  • To create a User Account the User is required to provide User’s name or a pseudonym as well as an e-mail address via the registration form.
  • Upon the registration of the User Account, MedIT sends an e-mail to the e-mail address provided by the User in the registration form with a request that the User confirms the correctness of the data provided in the form, as well as the willingness to use the User Account service, by clicking the confirmation link in the email sent by MedIT. User Account is activated upon clicking on the activation link sent in the message from MedIT.
  • A registered User Account which has not been activated by the User within 30 (thirty) days of submitting the registration form is blocked by MedIT.
  • The User may terminate the User Account service at any time, without indicating the reason therefor, by sending a relevant request by means of his choosing, for example in writing to MedIT registered office address: Orkana 139B, 42-229 Częstochowa or electronically to the following address: contact@medcases.io.

Newsletter

  • Newsletter electronic service is provided free of charge, for an indefinite period of time. The User can request the Newsletter electronic service by sending an e-mail to the following address: contact@medcases.io or when he uses services provided by MedIT or third parties outside the Website.
  • Information, articles, recommendations or messages included in the Newsletter service may relate, in particular, to services or products currently offered by MedIT. The information sent may also serve directly or indirectly to promote the services, products or image of MedIT or third parties.
  • The User may terminate the Newsletter electronic service (unsubscribe from the Newsletter) at any time, without indicating the reason therefor, by sending a relevant request by means of his choosing, for example, in writing to MedIT registered office address: Orkana 139B, 42-229 Częstochowa or electronically to the following address: contact@medcases.io.

Rights and obligations of the User

  • The User undertakes to use the Website and the Application in compliance with all applicable laws, social norms, customs, provisions of these Terms and Conditions and the Netiquette, having regard to personal interests as well as copyrights and intellectual property of MedIT and third parties, in particular to:
    • act in a manner that does not infringe the rights of other Users;
    • check the Terms and Conditions periodically for changes and familiarize oneself therewith;
    • enter true, complete and accurate data;
    • not to assume another person’s identity;
    • not to violate the secrecy of correspondence;
    • not to take any actions aimed at soliciting or gaining access to other Users’ passwords;
    • use the Website tools in accordance with their intended purpose;
    • not to supply illegal content.
  • Upon receiving official notification or obtaining reliable information concerning the illegal character of the stored data, including the data provided by the User, or illegal character of the activity connected therewith, MedIT has the right to prevent access to such data.
  • Activities which could impede or destabilize the functioning of the Website are forbidden.
  • Primarily, the User has the right to discontinue using the Website.
  • Complaints procedure:
    • Complaints related to the provision of electronic services via the Website or the functioning of the Application, as well as all other complaints related to the Website, including payments, can be lodged by the User for example:
    • in writing to the MedIT registered office address;
    • electronically to the following email address: contact@medcases.io.
    • It is recommended that the User includes in the complaint in particular: (1) information and circumstances relating to the subject matter of the complaint, in particular type and date of the occurrence; (2) User’s demands; and (3) contact details of the person lodging complaint - it will facilitate handling of the complaint by MedIT. The information provided above serves solely as a recommendation and does not affect the effectiveness of the complaints lodged without the recommended complaint description.
    • MedIT considers complaints immediately, no later than within 14 calendar days of their lodging.
  • Any unauthorised use of the Website or the Application, in any form, to provide any medical treatment or healthcare services is forbidden. The Website and the Application are provided solely for health promotion and teaching purposes, to improve or test the User’s knowledge.

System requirements

  • MedIT supports compatibility with the Website’s information and communication system:
    • on the devices using Microsoft Windows 7, Windows 8.1, Windows 10 operating systems with the following web browsers:
      Google Chrome - the latest stable version,
      Mozilla Firefox - the latest stable version,
      Microsoft Edge - the latest stable version,
      Opera - the latest stable version
    • on Apple devices with macOS operating system with the following web browsers:
      Apple Safari - the latest stable version,
  • MedIT supports compatibility of the Website with web browsers whose configuration includes:
    • enabled cookies (cookies),
    • enabled JavaScript.
  • Hardware set up of the User’s device should meet the minimum requirements specified by the operating system and the web browser manufacturer.
  • Optimum use of the Application provided by the Website is supported with compatible mobile devices, having the following operating system:
    • Android 7.1 or higher,
    • iOS 11.0 or higher.
  • To find out how to configure the computer to use the platform please visit our Website.

Rights and obligations of MedIT

  • To the maximum extent permitted by applicable law, in no event will MedIT be liable for:
    • the way in which Users use the Website or any other Users’ activities;
    • temporary interruption in accessing the Website due to force majeure;
  • any damage incurred by the User resulting from incorrect use of the Website;
    • illegal activities of third parties, such as interference with the User’s computer system, in particular computer hacking and computer viruses.
    • MedIT undertakes to enforce compliance with the provisions contained herein against all Website Users.
  • MedIT reserves the right to:
    • discontinue (temporarily or permanently) providing the Website, in particular to interruptions caused by unforeseeable failures, force majeure or to carry out technical maintenance;
    • discontinue temporarily providing the services via the Website in emergency situations and in order to carry out technical maintenance. MedIT will use reasonable efforts to give Users notice to the e-mail address provided during the registration.
  • The Website and the Application cannot be used to provide any medical treatment or healthcare services. The Website and the Application are provided solely for health promotion and teaching purposes, to improve or test the User’s knowledge and as such cannot serve the User as a primary source of User’s knowledge required to provide proper medical treatment by an entity providing medical treatment or by a medical professional.

Subscriptions

  • The User of the User Account service gains the right to use free (trial) subscription of the Application. Under the trial subscription the User has the right to solve up to 3 (three) cases in the Application. Each User can use three free case studies only once.
  • The User who has an activated User Account may at any time purchase one of the paid Application subscriptions offered by MedIT.
  • Paid subscriptions provided by MedIT are offered to use in 1 (one-) or 12 (twelve-) month billing cycles.
  • To use the paid subscription Users who are consumers are required to enter their personal data as part of User Account, by indicating: i) first name and surname and 2) place of residence.
  • To use the paid subscription Users who are not consumers are required to enter, as part of User Account, their personal data which are necessary to issue an accounting document, that is: i) first name and surname or business name, ii) registered office of the business iii) tax identification number NIP.
  • The paid subscription is activated after the User makes payment to MedIT on account of the obligation that has arisen between the User and MedIT.
  • Access to the Application as part of paid subscription may be granted for a fixed or unfixed term, depending on the amount of fee paid by the User and the Website’s offer.
  • The right of the User to use the Application as part of his subscription is limited to maximum of 4 (four) devices, although there can only be 1 (one) active session at a time. This means that if the User logs in to one mobile device and subsequently logs in to another, the User will be automatically logged out of the first device.
  • MedIT grants the User, via the User Account service, a personal, non- exclusive licence to use the Application free of charge, solely for personal and non-commercial purposes, pursuant to these Terms and Conditions and any accompanying documentation.
  • The User shall not do any of the following: sub-licence, lease, lease with the right to profit, make available, upload, share, lend, distribute or otherwise transfer the Application for use based on any other legal relationship with other persons, whether in return for payment or otherwise. This Licence shall terminate effective immediately, if the User attempts to bypass technical safeguards and gain unauthorised access to the Application.
  • With the exception of rights explicitly granted under these Terms and Conditions, all rights to the Application and to any interrelated copyrights, trademarks and other intellectual property rights are and shall remain the property of MedIT. This licence is limited to intellectual property rights of MedIT and its licensors and does not include any rights to other patents or intellectual property.
  • The User shall not remove, modify or hide any Application or Website indications or designations, copyright notices, and other intellectual property notices contained in the Application. MedIT owns and retains all right, title and interest in the Application and all derivative works based thereon. All rights not expressly granted herein are reserved to MedIT.
  • The Application may use licences granted by third parties. The User acknowledges that the use of the Application developed by MedIT is not possible without obtaining a licence granted by third parties. If there are grounds which render obtaining a licence from such third parties impossible, the User is obliged to stop using the Application. If the User does not consent to use the licence granted by third parties, the User is requested not to use the Application.

Payments

  • The User who has an active User Account may make use of all free functionalities of the Website or the Application, and all paid functionalities after buying one of the paid subscriptions.
  • Using some of the functionalities might require making an “upfront” payment for these functionalities. The activation of some of the Website’s paid functionalities via the Application may be unavailable or limited on some devices.
  • Upon placing an order for a paid subscription with an obligation to pay, the User receives an e-mail with an order confirmation, which means that the order has been accepted for processing by MedIT.
  • In the event that the User wants to change the order after it has been accepted for processing by MedIT (e.g. change the delivery address), the User should promptly contact MedIT to do that.
  • Upon placing an order for subscription the Users are informed that they may express their consent for the commencement of services’ performance before the time limit for withdrawal from the contract expires. If the User consents for the services to be performed (or for the commencement of their performance) before the time limit for withdrawal of the contract expires, the User may use paid functionalities of the Application before 14 days have expired since the application has been made available, although the User loses the right to withdraw from the contract.
  • The subscription ceases to have effect upon its termination by the User or after the paid billing cycles have expired. Upon termination the paid subscription transfers into a free subscription, described in section 1 above, unless the User has bought a renewable subscription.
  • Payments for the subscriptions can be made via payment management systems with the optional use of the points accumulated by the User in the reward points programme. If the User uses payment management system, User’s data may be processed by the entity managing this payment system to the extent necessary to process the payment. The payment may involve additional transaction costs incurred by the User, about which the User is informed by MedIT or the payment operator.
  • Payment for subscription may be charged “upfront” (at the moment the performance of services starts) or automatically before the relevant period of the service performance expires. The User may grant separate and explicit consent to automatic renewal of the contract, thereby the User consents that MedIT will automatically charge his account for a particular type of subscription or any other payment related to the Website or the Application.
  • If the Account is blocked by the User’s fault, access to all free and paid functionalities of the Website, including the Application, is blocked.
  • MedIT informs that linking particular Means of Payment or making payments may require accepting the terms and conditions of these payments drawn up by third parties (banks, payment intermediaries), and MedIT has no influence on the content of these external terms and conditions (fees, charges, scope of personal data processing etc.).
  • MedIT may grant the User discount vouchers under separate regulations to use paid functionalities of the Website or the Application. Discount vouchers are non-refundable and cannot be exchanged for cash. The means accumulated by the User through vouchers will be used in the first place to execute the payment for subscription.

Out-of-court complaint and redress mechanism and terms of access thereto

  • Detailed information concerning out-of-court complaint and redress mechanism and terms of access thereto for Users who are consumers is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
  • ADR Contact Point has also been established at the Office of Competition and Consumer Protection (telephone number: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or address: Pl. Powstańców Warszawy 1, 00-950 Warszawa). The tasks of the contact point comprise among others, helping consumers in matters related to out-of-court redress mechanisms.
  • The consumer may, among others, use out-of-court complaint and redress mechanism in the following ways: (1) submit a motion to resolve a dispute to the permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) submit a motion for out-of-court resolution to provincial Inspector of Trade Inspectorate (more information can be found on the website of the relevant inspector competent for the place of business of the Website); and (3) seek the help of district (municipal) consumer ombudsman or non-governmental consumer organisations whose statutory tasks comprise consumer protection (among others Federacja Konsumentów [The Consumers' Association], Stowarzyszenie Konsumentów Polskich [the Association of Polish Consumers]). Advice is given for instance by e-mail at: porady@dlakonsumentow.pl and at the consumer helpline number: 801 440 220 (helpline is available on Working Days between 8 am and 6 pm, calls are charged at the standard rate of the telecommunications provider).
  • At the EU level, a platform for online dispute resolution between consumers and traders (ODR platform) is available at: http://ec.europa.eu/consumers/odr The ODR platform is an interactive and multilanguage web tool serving as a one-stop shop for consumers and traders who seek out-of-court dispute resolution concerning contractual obligations arising out of online sales of goods or provision of services (more information on the platforms’ website or on the website of the Office of Competition and Consumer Protection https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

Contract withdrawal and termination

  • The User who is a consumer has a right to withdraw from a contract to perform e-services offered by the Website and the Application within 14 (fourteen) days of the day when the User Account has been activated, without giving any reason therefor, although this time limit is limited by the moment when the Application is being used for the first time.
  • To exercise the right of withdrawal provided for in section 1 above, the User who is a consumer should inform MedIT of his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). The User may state his withdrawal for example using the model withdrawal form attached to these Terms and Conditions (Appendix No 1). The User may use the model withdrawal form, although it is not obligatory.
  • In the event of withdrawal from the contract to perform e-services allowing to use the Website and the Application, the User who is a consumer is reimbursed all the payments received by MedIT, not later than 14 days from the day on which MedIT was informed about the User’s decision to exercise User’s right to withdraw from the contract. MedIT will carry out such reimbursement using the same means of payment as the User used for the initial transaction, unless the online payment provider does not allow for such a possibility or the User has expressly agreed otherwise; in the latter event, the User will not incur any costs as a result of such reimbursement. If the online payment provider does not allow for the reimbursement of payment using the same method of payment as initially used by the User, the User should provide MedIT with the bank account number, to which MedIT should reimburse the payment. If the User who is a consumer fails to provide bank account number to which MedIT should reimburse the payment, MedIT may reimburse funds via postal order.
  • Possible costs related to the consumer’s withdrawal from the contract that the consumer is required to cover:
    • if the consumer chose the delivery method other than the cheapest standard delivery method offered by the Website, MedIT is not required to reimburse additional costs borne by the consumer.
    • if the consumer ordered a service and the performance has begun, with the consumer’s prior express consent and upon consumer’s explicit request, before the time limit for withdrawal from the contract has expired, the consumer who exercises the right of withdrawal after this request was made is obliged to pay for the services rendered until the moment of withdrawal. The amount of payment is calculated in proportion to the services rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the market value of the services rendered is the basis for the calculation of this amount.
    • Pursuant to article 38 of the Act on Consumer Rights of 30 May 2014 (Dz.U. [Journal of Law] of 2014 item 827 as amended) the consumer shall not be entitled to withdraw from a distance or off-premises contract in relation to the following contracts:
  • service contracts after the service has been fully performed by MedIT, if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that the consumer will lose his right of withdrawal once the contract has been fully performed by the trader;
    • for which the price is dependent on fluctuations in the financial market which cannot be controlled by MedIT and which may occur within the withdrawal period;
    • where the performance concerns goods which are non-prefabricated, made to the consumer’s specifications or clearly personalised to meet consumer's individual needs;
    • where the performance concerns goods which are liable to deteriorate or expire rapidly;
    • where the performance concerns sealed goods which are not suitable for return due to health protection or hygiene reasons once they were unsealed after delivery;
    • where the performance concerns goods which are, after delivery, according to their nature, inseparably mixed with other items;
    • where the performance concerns alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
    • for which the consumer has specifically requested a visit from MedIT for the purpose of carrying out urgent repairs or maintenance; if MedIT provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
    • where the performance concerns the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
    • for the supply of a newspaper, periodical or magazine with the exception of subscription contracts;
    • concluded at a public auction;
    • where the performance concerns the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering, services related to leisure activities, sports and cultural events, if the contract provides for a specific date or period of performance;
    • for the supply of digital content which is not supplied on a tangible medium if the performance has begun, with the consumer’s prior express consent, before the time limit for withdrawal of the contract expired and the consumer has been informed by MedIT that he thereby loses his right of withdrawal.

Provisions concerning traders

  • This section of Terms and Conditions and the provisions contained herein concern solely Users who are not consumers.
  • MedIT has the right to withdraw from the contract concluded with a User who is not a consumer within 14 (fourteen) calendar days from the date of the conclusion thereof. In this case MedIT may withdraw from the contract without giving the reasons and such a withdrawal does not entitle the User who is not a consumer to assert any claims against MedIT.
  • With reference to Users who are not consumers, MedIT has a right to limit available methods of payment. MedIT may also require a full or partial upfront payment regardless of the payment method chosen by the User and the fact of the conclusion of the contract.
  • Pursuant to article 558 (1) of the Polish Civil Code the liability of MedIT under implied warranty to the User who is not a consumer is excluded.
  • MedIT can terminate the e-services contract with a User who is not a consumer, effective immediately and without giving the reasons, by sending a relevant statement to the User.
  • MedIT is liable to the User who is not a consumer only for typical damage foreseeable at the moment the contract is concluded and is not liable for benefits which such User could have obtained.
  • Where there is a dispute between MedIT and the User who is not a consumer the parties irrevocably submit to the exclusive jurisdiction of the court having jurisdiction over the MedIT registered office.

Information on particular threats related to the use of services provided electronically

  • MedIT hereby informs the Users of specific threats related to the use of services provided electronically via the Website.
  • The primary threat for every Internet user, including persons who use services provided electronically, is the possibility of infecting the information and communication system with different types of malicious and damaging software, such as:
    • viruses
    • worms
    • trojans
  • MedIT identifies the following as threats which may arise only potentially, but which should be taken into account regardless of the measures taken by MedIT to protect the Website’s infrastructure from unauthorized activities of third parties:
    • the so-called spam, i.e. unsolicited commercial communications sent electronically;
    • malicious and harmful software (malware, Internet worms) which spreads by code replication in the networked environment.
    • bypassing security measures to commit identity theft by obtaining personal and confidential information; to achieve that the thieves send fraudulent communications that appear to come from a reputable source,
    • finding a cryptographic protocol flaw, which can lead to a security breach whereupon personal and confidential information can be obtained in order to steal one’s identity.
    • password phishing (phishing)- hackers send fraudulent electronic messages designed to look like they came from a legitimate source to obtain personal and confidential information concerning the user,
    • illegal surveillance that is designed to use computer software that records and potentially analyses data sent over the network (spyware),
    • infringement of author's economic rights- unauthorised copying and use without the consent and knowledge of the rightsholder,
    • installation of software which is necessary to use the services, that comes from sources other than those authorized by MedIT and may contain malicious software, regardless of the measures taken by MedIT to minimize the possibility that software modified by third parties will be made available.
  • Regardless of the security measures taken by MedIT, each User of the Internet must ensure the safety of his information and communication system, in particular use updated anti-virus software and employ firewall-type software. These actions improve security of the information and communication system to protect it against undesirable activity on the Internet.
  • The security of Users’ information and communication system depends also on the proper setting of the web browser. We recommend using software offered by manufacturers of high reputation, who quickly react to new threats and offer technical support.
  • There are numerous types of password-stealing “phishing”. These attacks are very popular - potential victims receive electronic correspondence with a request to log in to their account by clicking on the link provided in the message. Such links usually direct user to legitimate-looking financial institutions’ websites, which are in fact fraudulent; and the passwords entered on such websites are intercepted and used by the attacker to log in to the actual accounts of the victim.
  • To avoid the risks associated with these attacks you should:
    • remember that the Website does not send electronic messages with a request to provide password to the User’s account. Each such message should raise recipient’s suspicion and it is recommended to contact MedIT and inform us about the situation,
    • not click on the links contained in such messages,
    • not send any account numbers, logins and passwords by e-mail,
    • not use the alleged (fraudulent) websites of financial institutions which do not contain HTTPS protocol name in the address, but require logging in,
    • use anti-virus software with an updated virus database and a personal firewall,
  • The above-mentioned are MedIT’s general, always applicable and basic recommendations concerning security, which do not however fully cover this broad subject-matter.

Intellectual property rights

  • All materials published on the Website or in the Application, including, but not limited to documents, trademarks, articles, images, graphics, visualisations and illustrations may be the object of protection within the meaning of copyright law and industrial property law.
  • Users can use the Website or the Application resources for their own personal use only. It is not permitted to use any other data, materials and resources of the Website and the Application, both those which are protected by copyright law as well as the ones which are not covered by such protection, to conduct any commercial or professional activity.
  • Users are only permitted to use the resources of the Website or the Application protected by copyright, which includes their copying, sending, broadcasting, transmitting, making publicly available and all other uses for economic and/or commercial purposes upon prior written consent of MedIT expressed in writing or otherwise it shall be null and void, and upon payment of licence fees specified in the price list as described in Appendix No 2 to these Terms and Conditions.

Final provision

  • The contracts concluded through the Website are concluded in the Polish language version.
  • Amendments to the Terms and Conditions:
    • MedIT reserves the right to amend or alter, from time to time, these Terms and Conditions for good cause, such as: amendments to legal provisions; amendments to methods of payment and delivery - to the extent that these amendments affect the enforcement of the provisions of these Terms and Conditions.
    • If under these Terms and Conditions a continuous contract has been concluded, the amended Terms and Conditions are binding on the User, if the requirements set forth in article 384 and 384[1] of the Polish Civil Code are met, that is the User has been validly notified about the amendments and he has not terminated the contract within 14 calendar days of the date of notification. If, as a result of the amendments to these Terms and Conditions any new fees or charges are levied or the existing ones are increased, the User who is a consumer has the right to withdraw from the contract.
    • If a contract other than a continuous contract has been concluded based on these Terms and Conditions (e.g. a contract to perform a specified task) amendments to these Terms and Conditions by no means infringe rights of Users who are consumers acquired prior to the entry into force of the amendments hereto; in particular the amendments to these Terms and Conditions will not affect: service orders in progress or those already placed or concluded, performed or discharged consultancy contracts or contracts for services.
  • Any matters not provided for herein shall be governed by the relevant provisions of generally applicable Polish law, in particular: Polish Civil Code; An Act on the Provision of Electronic Services of 18 July 2002 (Dz.U. [Journal of Laws] of 2002 No 144, item 1204 as amended); an Act on Consumer Rights of 30 May 2014 (Dz.U. [Journal of Laws] of 2014 item 827 as amended); and other relevant and applicable provisions of generally applicable Polish law.

The Medcases Application contains files in the audiovisual form, which come from:

  • Source: https://nihcc.app.box.com/v/ChestXray-NIHCC, citation: Xiaosong Wang, Yifan Peng, Le Lu, Zhiyong Lu, Mohammadhadi Bagheri, Ronald Summers, ChestX-ray8: Hospital-scale Chest X-ray Database and Benchmarks on Weakly-Supervised Classification and Localization of Common Thorax Diseases, IEEE CVPR, pp. 3462-3471, 2017