Last update: April 26, 2023
Chatbot available on infermedica.com
Terms of Service
These Terms of Service set out the rules on the provision of services by electronic means for the Chatbot available on https:/infermedica.com website.
Whenever these Terms of Service refer to:
a) Agreement, this means an agreement for provision of services by electronic means, concluded between the User and the Service Provider,
b) Chatbot, this means a software application that acts as a virtual assistant of the User when browsing the Website,
c) Force Majeure, this means an extraordinary external event occurring after the conclusion of the Agreement, which is unforeseeable and cannot be prevented, and which makes it impossible in whole or in part to perform the obligations arising from the Agreement, including in particular: war, revolution, fire, flood, epidemic, transport limitation, general strike affecting important sectors of the economy, official decisions of state or local authorities, and transport disruption caused by terrorist attacks,
d) GDPR, this means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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),
e) Terms of Service, this means these Terms of Service,
f) Website, this means the https://infermedica.com website,
g) Service Provider, this means Infermedica spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław at Plac Solny 14/3, 50-062 Wrocław, Poland, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number: 0000429183, with tax identification number (NIP): 8971782877 and registered business number (REGON): 021889810, Current data of the Service Provider are available on the Website,
h) User, this means a natural person over 18 years of age, who has full legal capacity and uses the Chatbot for information on services and products offered by the Service Provider.
The current version of these Terms of Service is available free of charge on the Website.
By using the Chatbot, the User declares that they shall comply with the terms and conditions set forth in these Terms of Service.
Services provided by electronic means
The service in the form of the Chatbot includes in particular an interactive form of communication with the User for the purpose of providing information on products and services offered by the Service Provider.
The service in the form of the Chatbot is provided free of charge.
To use the Chatbot properly, the User must have a computer device with access to the Internet as well as have a web browser installed in its current version and running on this device.
The Service Provider is not liable for any improper functioning of the Chatbot due to use of devices which do not meet the above mentioned technical criteria.
Conclusion and termination of the agreement on services by electronic means
The start of the User's use of the Chatbot occurs when the User initiates an interaction with the Chatbot on the Website by clicking a proper icon on the screen. The Agreement concerning use of the Chatbot shall be deemed to be concluded by launching the Chatbot.
Conclusion of the Agreement is voluntary. If the User does not agree to the Terms of Service, they are required to promptly refrain from using the Chatbot.
The Agreement concerning use of the Chatbot shall be concluded from time to time for the duration of the communication via Chatbot and shall be deemed as performed when the communication is over.
The User has the right to withdraw from or terminate the Agreement at any time by ceasing to use the Chatbot.
The Service Provider is entitled to terminate the Agreement upon notice with immediate effect if the User infringes the Terms of Service and/or if the User’s activities are harmful to the Service Provider or other Users.
Rules concerning use of the Chatbot
Any provision and dissemination of unlawful content by the User through the Chatbot is prohibited. In particular, the User may not post links and references via the Chatbot which: (i) infringe personal rights and interests of third parties or incite hatred on racial, ethnic, religious, or cultural grounds, or on the grounds of sexual orientation, (ii) promote pornography and violence, (iii) are advertisements, and (iv) breach rules widely accepted by the Internet community.
The User shall use the Chatbot in accordance with its intended purpose only. The User may not perform any activities which may disrupt proper functioning of the Chatbot. The User is not permitted to change, bypass or break security systems of the Website or of the Chatbot, or to take action impacting the Website and the Chatbot in a way that may cause their damage and/or overloading.
The User is liable for their activities connected with use of the Chatbot. The User may only use the Chatbot for purposes consistent with these Terms of Service, applicable law, and established custom.
Any complaints concerning the Chatbot may be submitted in written form to this e-mail address: email@example.com
In order to be properly processed, a complaint must contain the following information, as a minimum:
a) information identifying the User (name, surname, e-mail address),
b) subject matter of the complaint,
c) statement of reasons for the complaint.
The Service Provider reserves the right to request additional information or clarifications from the complainant if necessary, to process the complaint.
The Service Provider shall process the complaint promptly, and within no more than 14 business days from the date on which it is submitted.
The Service Provider will process complaints in accordance with these Terms of Service and applicable provisions of law.
The decision concerning the outcome of the complaint will be delivered to the User via e-mail to the e-mail address provided in the complaint.
The User has recourse to the out-of-court complaint and redress mechanisms before the Permanent Consumer Court of Arbitration competent for the seat of the Service Provider. Information concerning admissibility to this mechanism and procedures for processing claims can be found here. The User shall also have recourse to the EU ODR Internet platform available here.
Please be aware that provision of services by electronic means entails threats characteristic for services of this kind, in particular presence of malware (e.g. viruses, harmful software capable of self-duplication) and/or spyware software (software spying on a user’s Internet activity) as well as vulnerability to cracking and/or phishing (fraudulent obtaining of passwords). At the same time, please be advised that the Service Provider has taken all necessary steps to minimize all of the threats described above.
Any amendments to these Terms of Service may be enacted at any time and take effect from the amended Terms of Service being placed on the Website. The User may terminate the Agreement if any amendments are made to these Terms of Service. Use of the Chatbot once amendments take effect constitutes acceptance of the amended Terms of Service.
By using the Chatbot, the User accepts these Terms of Service and undertakes to comply with all rules in these Terms of Service.
The governing law of the agreement concluded on the basis of these Terms of Service is the law of the Republic of Poland, and this shall be without prejudice to provision 6(1)(2) of Regulation (EC) no. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Applicable provisions of Polish law, in particular the Civil code and other Polish acts, including the Act on Provision of Services by Electronic Means and Act on Consumer’s Rights, apply to all matters not regulated in these Terms of Service.
In the case of agreements concluded by consumers (i.e. persons who conclude agreements for purposes other than commercial or professional use), when:
a) the services are provided in the country where the consumer has their habitual residence, and/or
b) 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,
c) the choice of Polish law as the governing law as described in sections 4 and 5 shall be without prejudice to protection enjoyed by consumers under the law in the country of habitual residence which would be afforded to them if no governing law was selected. In such a situation – regardless of the governing law chosen on the basis of sections 4 and 5 – those provisions which are more beneficial for consumers shall apply.