Terms of the "helfio" Service
(End-user licence agreement)
1.1. Dear Users, we present to you our service "helfio", delivered in the form of a mobile application, which we have designed and developed in order to help you gather and organise information about your health, to help you gather knowledge and experience in the field of health protection and prevention and to support you in maintaining a healthy lifestyle. OUR TOOL IS NOT A DIAGNOSTIC INSTRUMENT AND CAN ONLY BE USED BY PEOPLE WHO ARE AT LEAST 18 YEARS OLD. WE ENCOURAGE YOU TO SHARE YOUR RESULTS WITH YOUR DOCTOR OR HEALTH CARE PROFESSIONAL.
1.2. In the terms and conditions of our service, we shall specify in particular the types of services we provide to you through our service, the terms and conditions under which these services are provided, the conditions for ordering them and payment for them, as well as the complaint procedure. We make the Terms and Conditions available free of charge, prior to the conclusion of the Agreement. The Terms and Conditions are available on the website www.helfio.com, and in the Application, but on your request, we can also make them available in such a way that you can obtain, reproduce and record their content by sending them in PDF format to the e-mail address indicated by you. You can read the PDF document using a suitable application such as Adobe® Reader, which can be downloaded for free from www.adobe.com.
1.3. Whenever these Regulations use any of the following terms, we mean them as defined below:
- Administrator / We: meaning Helfio Sp z o.o. with its registered office at ul. Grzybowska 87,00-844 Warsaw
- Application: software operated and distributed under the name Helfio via iOS and Android mobile applications enabling access to the Service.
- Personal data: means information about an identified or identifiable natural person ("data subject").
- Chat/Community Tab: means the functionality of the Service that allows you to communicate with other users via the Application.
- Consumer : means a User who is a natural person and who uses the Website for purposes which are not related to his/her commercial or professional activity.
- Gamification Module: means the functionality of the Service enabling the recording of progress in planned exercises and accepted tasks, together with the possibility of participation in competitions according to the rules specified in separate regulations.
- Subscription period:means a period of 30 days or multiples thereof, calculated from the date on which we have credited payment of the Licence Fee.
- A problem : means any medical event or condition of a body health-related nature described by you in your Profile.
- Profile : means your web space on the Service, created as a result of a registration in accordance with the Terms and Conditions, which you can use after logging in, containing your Personal Data and information about you, which you collect, aggregate with your consent from other applications and process through Helfio, including, in particular, your name, surname, weight, height, gender, date of birth, blood test results, pulse measurements, email address, telephone number, information about your health (among others. including problems, medical products and devices used and opinions on them, data about your illness, meeting with doctors, etc.).
- Service / helfio : means an organised IT platform, including, in particular, computer software, IT mechanisms, interfaces and all data and information, accessible via the Application.
- Content : means all kinds of aggregated reports, analyses, statistics, etc., including, in particular, opinions of the general public on the treatments, products and medical devices used as well as articles on health-related topics that we have recorded in helfio. We create reports, analyses and statistics by, among other things, analysing collectively the information disclosed by you about the Issues, opinions on the treatment methods, products and medical devices used.
- Services : means all the services described in clause. 2.1 of the Regulations.
- ODO Regulations : means 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), (Official Journal of the EU.L No. 119, p. 1), other generally applicable provisions of Polish law or European Union law regulating the principles of personal data protection.
- User(s) : means a natural person, a legal entity or an organisational unit without legal personality, using or interested in using the Service.
- Remuneration : means the remuneration due to Us for the Services provided to You, calculated in accordance with the principles set out in the Terms and Conditions, including the Licence Fee.
2.1. 2.1 On the basis of the Terms and Conditions, we provide the Service which includes granting you a licence to use the Application and the Website, in particular, to use its functionalities such as:
2.1.1. creating a Profile and collecting further information in it. Using this helfio functionality you may, in particular, independently enter the designated areas, your Personal Data and other information concerning you and use the available indicators or calculators to analyse your health parameters (i.e. age, weight, BMI, pulse, blood pressure, glucose levels and others), and, if the appropriate functionality is made available, aggregate the information indicated above from other services and applications. Based on the data and information, the Service can create reports, graphs, and analyses regarding your health status, indicate the exceedance of particular reference indicators and signal the need to seek medical attention;
2.1.2. using the Content and the calculators and indicators provided on the Site;
2.1.3. using the Community Module; one of the purposes of the Service is to enable Users to share their achievements and promote motivation. The Application does not provide any Personal Data of such Users to other entities;
2.1.4. blood and urine test analyser. This feature will allow you to automatically analyse blood tests based on 6 parameters. This functionality is planned to be available from [...].
2.1.5. . using the Gamification Module. This feature will enable you to monitor your progress in taking care of your health and compare your progress with other users, and, if contests are made available through it, to participate in the indicated contests, according to the rules specified in separate regulations.
2.2 The use of the Service and its functionality is entirely voluntary.
2.3 You can use the helfio Service via the Application in an iOS or Android environment. If you intend to use the Application, you must:
2.3.1.have the latest version of the helfio Application made available for download from the app shops available within the iOS operating system 15.0 and later and the Android operating system 9.0 and later;
2.3.2.have a device running iOS or Android respectively. Rules for access to the App Store and Google Play are set by their respective operators.
2.5 Although we strive to improve, upgrade and enhance the Service, please be aware that we license the Service to you on an "as is" basis, which means that we grant you a license to use the Service on an "as is" basis without any warranty of quality or representation to the contrary mentioned in Terms and Conditions.
2.6 Subject to the limitations imposed by mandatory legal provisions, we shall not be liable for errors in data transmission, in particular, due to the failure of data communication systems, telecommunication systems, or power supply systems, nor for errors in data transmission resulting from delays in the operation of the external operator providing data transmission, for damages arising in connection with the Website or its use or the User's inability to use the Website or due to improper operation, errors, deficiencies, interferences, defects, delays in operation or data transmission, computer viruses, line or computer system failures.
2.7 Keep in mind that helfio was created and operates solely for the purpose described in para. 1.1 helfio is not a medical service and we do not provide any medical services or health care services through helfio, including in particular services aimed at diagnosing diseases or improving health. All Content is for informational and educational purposes only. Any analysis of your health parameters is performed in an automated manner, through the use of appropriate algorithms entered in the Service's software, and consists of reference to the reference ranges used. Your data are not analysed in any way by health care providers in a professional manner and therefore do not constitute any comprehensive assessment of your health status or advice in this respect. Any Content, report or analysis is not a substitute for obtaining health services from a professional provider who will be able to analyse your health condition in a complete and comprehensive manner and provide you with appropriate advice.
2.8 We will protect the data collected on the Website by, among other things, using a secure Secure Socket Layer (SSL) protocol as well as other security solutions for your data on the Website, including a secure infrastructure for the Application.
2.9 We will commence providing the Services to you upon execution of the Agreement, and upon payment of the Licence Fee for the first Subscription Period, unless we have charged you a discount for the use of our Services. If you are a Consumer, you will be entitled to withdraw from the Agreement within 14 days of entering into the Agreement, as well as from the purchase of the individual Subscription Services.
2.10 There are risks associated with the use of our Service, including the possibility of unauthorised persons gaining access to and interfering with data transmitted over the network or stored on networked computers, which may result, in particular, in its loss, unauthorised modification or inability to use the services offered using the Service. For this reason, it is important that you pay attention to the rules for the use of the Service as described in sec. 4 of the Terms and Conditions.
2.11 The Administrator declares that:
2.11.1 Users are not in any way selected, affected or controlled;
2.11.2 it does not select, modify or accept the content placed on the Website by the Users, in particular, the Administrator does not control this content in terms of its compliance with the law and its non-infringement of third parties' rights.
2.11.3 does not provide any Medical Services.
2.12 We wish to inform you that some of the features listed in para. 2.1 functionalities may not be available in whole or in part on the date the Website is operational and the Services are not offered through it.
2.13 To enable you to familiarise yourself with the operation of the Website, we will grant you a discount of 100% of the Licence Fee for the first month of use of the Website, calculated from the date of Registration on the Website.
3.1. These Terms are an integral part of the Agreements between us and you. Apple or its affiliates are not a party to the Agreements. which we conclude together. You may review these Terms of Service at any time by accessing the appropriate tab on the website at www.helfio.com/regulamin or in the app by selecting "Terms of Service". In order to use the Service, it is necessary for you to read these Terms and Conditions and to declare your acceptance of their terms by electronically submitting a declaration by clicking the appropriate checkbox during the registration procedure.
3.2. If you wish to use helfio, it is necessary to conclude a Contract with us. Such an Agreement is concluded as soon as the registration process on the Website is completed, i.e. as soon as, after you have completed the registration form and made the relevant declarations, you activate your Profile via the activation link sent to you by e-mail or by registering via the profile provided by third-party service providers.
3.3. When registering, you should provide Personal Data marked as required. This data should be up-to-date and truthful. The provision of data and information that is not truthful (including the provision of third-party data) is not permitted and may result in liability to the Service or third parties.
3.4. You and I agree that Apple and its third-party affiliates are third-party beneficiaries of the Agreement between us, which means that Apple, as a third-party beneficiary of the Agreement, will have the right to enforce the Terms against you.
4.1. At helfio you collect your Personal Data which, due to the ODO Regulations, is protected as sensitive data. We, therefore, implement appropriate technical and organisational measures to ensure the degree of security of your Personal Data as stipulated by the ODO Regulations. However, in order to maintain the security of this data, it is necessary that you also take measures to protect your Profile and the Personal Data and information stored on it. For these reasons you should:
4.1.1. provide access to the Profile with a unique and secure password,
4.1.2. not share your login and password with any third party,
4.1.3. ensure that the device you are using is adequately protected against theft, that the software on your phone is up-to-date and that all system updates provided by your software provider are installed;
4.1.4. not log into the Service over public, open WIFI networks;
4.2. If you become aware that a third party has come into possession of the data available to your Profile, you should notify us immediately, otherwise you will bear the risk of the third party using your Profile and the Personal Data as well as information stored therein.
4.3. You may only have one account on the Service, and we jointly accept that other accounts associated with your device may have access to the Service, e.g. through the use of family sharing accounts.
4.4. You upload Personal Data and information to your Profile on your own or, with your authorisation and consent through other services by linking them to helfio. Except as described in the Terms and Conditions, helfio does not interfere in any way, change, add or perform any other operations on your Personal Data and information, except as described in the Terms and Conditions, nor does helfio check the Data or information you submit, store or share, nor does helfio control the content you provide on an ongoing basis.
4.5. Our Service is exclusively intended for Users who are Consumers. The Service also has dedicated functionalities for legal entities providing the functionalities of the Service to their paid Users.
4.6. By wishing to use the Service and agreeing to these Terms and Conditions, the User represents and warrants that:
4.6.1. you are not located in a country embargoed by the United States government or in a country deemed by the United States government to support terrorism;
4.6.2. you are not on a list of banned or otherwise restricted parties imposed by the United States Government.
4.7. We have created helfio for the sole purpose of providing you with the Services described in the Terms and Conditions. Therefore, you should only use the Service to the extent its functionalities allow and in accordance with its nature and the purpose for which we have created it. You may not use the Website for purposes other than those indicated above, nor may you use it in any manner contrary to the law, the rules of social coexistence and good morals, in particular in order to conduct activities or make available content that infringes the rights and interests of third parties, of an unlawful, obscene, offensive, vulgar, erotic or pornographic nature, or that encourages violence, corruption, racism, homophobia or the like. Therefore, we have the right to refuse to block your Profile and terminate the Agreement if you use the Service in violation of this section.
4.9. We agree with you that, in the event of a third party asserting any claim of intellectual property infringement relating to the Service, the Administrator shall be responsible for such claims. In such a case, Apple or its affiliates shall not be liable. Likewise, the Administrator shall be responsible for pursuing claims of infringement of intellectual property relating to the Service,
4.10. Please note that we do not keep track of posts or content that you post on the Service, but we do respond on an ongoing basis to all notices we receive from other Users or entities that such posts or content are in violation of the law or the Terms and Conditions. In the event that we receive an official notice or credible information that you have violated the rights of third parties, mandatory provisions of law or the Terms of Service, the other rules set out in sec. 4.6 or. 4.7 above, we shall be entitled to:
4.10.1. immediately remove posts or content that violate these provisions or other reversal of the effects of the violations;
4.10.2. immediately block your Profile and terminate the Agreement;
4.10.3. take other steps pursuant to generally applicable law, in particular, to report a possible criminal offence or to claim damages.
4.11. We will inform you of the exercise of the above rights without delay by sending you relevant statements and information to the e-mail address you have provided. The exercise of these rights shall not limit Our right to claim damages on the general principles provided for by the relevant legislation.
4.12. You represent and warrant that, in using the Service, You will comply with the agreements necessary for the proper provision of the services concluded by the Administrator with third parties.
5.1In exchange for granting you a non-exclusive and non-transferable licence to use the basic functionalities of the Service, we do not charge a Licence Fee.
5.2Fees are charged for additional functionalities such as personalisation of the Service, access to the exercise database, access to the diet database, the meditation programme, control of health parameters, and access to health reports or recommendations for a healthy lifestyle.
5.3We reserve the right to introduce charges for additional functionality that will appear on the Service.
5.4All charges will be in accordance with the information made available through the Service, at the payment stage.
5.5We reserve the right to introduce temporary discounts on the services provided through the Service, subject to the fulfilment of given criteria (e.g. registration on the Service through partner services for helfio).
6.1. We enter into the Contract for an indefinite period.
6.2. Withdrawal of your Consent to process your Personal Data, will be treated as termination of the Contract.
6.3. We are entitled to terminate the Contract by giving notice. The period of notice shall be one month. We may exercise this right for the following reasons:
6.3.1. if you violate the rules of use of the Service as indicated in clause. 4;
6.3.2. if you undertake actions which, even indirectly, may have the appearance of interfering with the structures of the Service to which you do not have access, or if by your actions you destabilise the functioning of the Service, regardless of the manner and techniques of the aforementioned prohibited actions;
6.3.3. If you cancel the booking of a Medical Service twice in a row, without giving any legitimate reasons. The Service in such a case, prior to the termination of the Agreement, may suspend part of the functionality of the Service to you, including the ability to make Reservations for a period of up to 1 month.
7.1. If you are a Consumer, you have the right to withdraw from the Contract and from the purchase of individual subscriptions, without giving any reason, within a period of 14 days from its conclusion. In order to meet this deadline, it is sufficient for you to send us a declaration of exercise of this right before the expiry of the deadline indicated in the preceding sentence.
7.2. The declaration of withdrawal referred to in para. 9.1. you may send it by post to our address indicated in para. 1.3. or send it electronically to the following email address email@example.com any other unequivocal statement.
7.3. If you have exercised your right to withdraw from the Contract as referred to in para. 9.1, we will reimburse you promptly, but no later than 14 days from the date of receipt of your notice of withdrawal, all payments made by you for the service from which you are withdrawing.
7.4. We will return your payment using the same method of payment that you used yourself unless you have expressly agreed to a different method of return that does not incur any costs for you.
8.1. You have the right to lodge a complaint at any time about the way the Website or our staff operating the Website operate.
8.2. You can make complaints electronically by sending them to the email address firstname.lastname@example.org.
8.3. When making a complaint, do not forget to indicate your name, surname, address and/or e-mail address in your complaint and describe the reasons for your complaint. Without these details, it may be difficult for us to respond to your complaint comprehensively.
8.4. We will endeavour to deal with complaints promptly, but no later than 30 days from the date of submission. If the case you have described in your complaint is particularly complicated and it will not be possible to consider the complaint and provide you with an answer within the time limit indicated in the preceding sentence, we will inform you of this situation and of the new time limit for considering and responding to the complaint within the time limit indicated in the preceding sentence, but this time limit will not be longer than 60 days from the date of the complaint.
8.5. We will respond to complaints electronically by sending a reply to the e-mail address you have provided in your Profile.
8.7. We (not Apple or its affiliates) are also responsible for:
8.7.1. Claims made by you regarding the operation of the Service;
8.7.2. Non-compliance of the Service with generally applicable Polish law;
8.7.3. Claims related to the Polish legislation applicable to consumer protection and personal data protection;
10.1. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, including in particular the provisions of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014.827 with further amendments) and the Civil Code
10.2. Any disputes that may arise in connection with the performance of the Agreement shall be resolved by a court with jurisdiction over the Administrator's registered office. The provision of the first sentence shall not apply to Users who are Consumers.
10.3. Our Service is constantly evolving and adding new features to improve its operation and to make your experience with it more enjoyable and comfortable. For these reasons, it may be necessary in the future to adapt these Terms and Conditions to these functionalities and change them. We will inform you of any change to these Terms and Conditions electronically by sending a notice of the change to the email address you have provided and by displaying a notice of the change when you first log on to the Website. If you do not accept the changes to the Terms and Conditions, you may terminate the Agreement with a period of notice. You will be bound by the Terms and Conditions as unchanged until the expiry of the notice period.
10.4. The Terms and Conditions shall enter into force on - 19.05.2022