TERMS AND CONDITIONS FOR SERVICES PROVIDED BY ELECTRONIC MEANS ON “MEDICAL SIMULATION TECHNOLOGIES” WEBSITE

GENERAL PROVISIONS

§ 1.

  1. This document contains the terms and conditions of services provided through the “Medical Simulation Technologies” websites available in the mstech.eu domain.
  2. Terms used in this document have the following meanings:
  1. “Service Provider” – Medical Simulation Technologies sp. z o.o. with its registered office in Cracow, 5B/4 Miechowska Street, 30-055 Cracow, e-mail: office@mstech.eu; service provider in accordance with article 2 point 6) of the Act of 18 July 2002 on services by electronic services (consolidated text Journal of Laws of 2020, item 344);
  2. “Website” – “Medical Simulation Technologies” website, available at www.mstech.eu, made available by the Service Provider for viewing medical information and using the Simulators;
  3. “User” – a user who uses the Website and Services after acceptance of the Terms of use; the website user according to article 2 point 7) of the Act of 18 July 2002 on electronic services (consolidated text in Journal of Laws of 2020, item 344);
  4. “Browsing User” – a User without an Account who uses the Website; use of the Website by the Browsing User is limited exclusively to browsing the main page and subpages of the Website;
  5. “Account” – an electronic collection of information about User as an integral part of the Service, with a unique username and password assigned to each User; Account Registration may be required to use all or some of the Services;
  6. “Registration” – electronic procedure for creating an Account, in particular requiring the provision of relevant User’s personal data in accordance with the forms available on the Website;
  7. “Booking” – booking made by the User of the date of access and use of the Simulator, necessary to obtain this access and use it, unless a given Service does not require Booking or unless the Terms of use provide otherwise;
  8. “Terms of use” – this document with its appendices and amendments;
  9. “Service” – all service provided to the User through the Service by the Service Provider, including Booking, Simulators, Newsletter;
  10. “Newsletter” – an email message sent by the Service Provider to the User, which may contain information on the activity of the Service Provider and its affiliates, including commercial information;
  11. “Simulators” – virtual medical simulators available on a subpage of the Website which were created by the Service Provider a software available in the SaaS formula.

ACCEPTANCE OF THE TERMS OF USE

§ 2.

  1. The use of the Service by Users requires the acceptance of the Terms of use.
  2. The use by the Browsing User does not require separate acceptance of these Terms of use.
  3. These Terms of use are available under the address https://lus.mstech.eu/terms. Moreover, the Users and browsing Users may download these Terms of use in the form of a “pdf” file at the same address.

TECHNICAL CONDITIONS OF USING THE SERVICE

§ 3.

  1. The following minimum technical criteria must be met, in order to use the Website:
    1. Internet bandwidth of not less than 8 Mbps
    2. One of the following network browser:
      • Mozilla Firefox 22.0 or newer with JavaScript and cookies on, or
      • Google Chrome 28.0 or newer with JavaScript and cookies on, or
      • Apple Safari 5.0 or newer with JavaScript and cookies on, or
      • Opera 12.0 or newer with JavaScript and cookies on.

USERS

§ 4.

  1. Website and Service may be used by User who are natural persons, legal persons or other entities with legal capacity, subject to subparagraph 2.
  2. Only natural person indicated by the User during the Booking may actually use the Simulator.
  3. If the use of the Website requires providing personal data or other information by User, User confirm their authenticity.

SERVICES

§ 5.

  1. The use of the Service is free of charge, subject to the provisions of subparagraph 2.
  2. Service Provider reserves the right to introduce new Service against payment or to introduce fees for current Service. The actions referred to in the previous sentence shall be carried out only by an appropriate amendment to these Terms of usein accordance with § 16 and require the consent of the User.
  3. In order to monitor possible errors in the operation of the Simulators, the Service Provider may record the operation of the Simulators during their use by the Users, with the reservation that during such recording no processing of any personal data of the Users shall take place.
  4. The Website provides the following Service:
    • Booking;
    • eTEEmothy Simulator which provides virtual simulation of transesophageal echocardiography examination;
    • LUS Simulator which provides virtual simulation of lung ultrasound examination;
    • Newsletter.
  5. The use of the eTEEmothy Service requires the following technical conditions:
    • CPU min. 2,2 GHz (dual-core)
    • RAM min. 4 GB
    • Network bandwidth min. 5 Mb/s
  6. The use of the LUS Service requires the following technical conditions:
    • Graphics card with OpenGL 3.3 support;
    • Recommended minimum display resolution: 1280 x 1024 pixels.

BOOKING

§ 6.

  1. Simulator is available for the User only in the time slots chosen from the schedule made available by the Service Provider.
  2. Bookings are made by filling in a form, which is available on the subpage of the Website at https://eteemothy.mstech.eu/select-booking.
  3. The User shall provide the name, surname and e-mail address of the person who will use the Simulator on the day of making the Booking in the form referred to in subparagraph 2.
  4. The User chooses the date of the access to the Simulator from the available dates given in the calendar and confirms his choice.
  5. The natural person indicated by the User, referred to in subparagraph 3, is entitled to make a single Booking, unless the Service Provider has given its written consent for multiple Bookings.
  6. LUS Simulator may also be available without Booking.

INTELLECTUAL PROPERTY RIGHTS

§ 7.

  1. The Service Provider is entitled to economic copyrights and other intellectual property rights to the Website as a whole or its individual parts, regardless of their nature and form within the scope necessary to meet Terms of use, unless explicitly stated otherwise in the Website.
  2. Copying, duplication, public access and any other use of the Service in its entirety or in its individual parts, in particular in educational or commercial activities, without the prior consent of the Service Provider is prohibited, with the exception of permitted use provided for in the Act of 4 February 1994 on Copyright and Related Rights (consolidated text Journal of Laws of 2019, item 1231, as subsequently amended).

PROHIBITED PROVISION OF ILLEGAL CONTENT

§ 8.

It is forbidden for the User to publish illegal content within the meaning of the Act of 18 July 2002 on the provision of electronic services (consolidated text Journal of Laws of 2020, item 344), as well as content infringing upon third-party rights, in particular content infringing upon the third-party copyrights or other illegal content.

MEDICAL USE OF SIMULATORS AND LIMITATION OF LIABILITY

§ 9.

  1. The Service Provider makes efforts to ensure the highest quality of the Simulators, including ensuring the greatest possible realism.
  2. Medical data used in the Simulators have been developed on the basis of anonymized CT scans or ultrasound images of actual patients, taken exclusively for medical reasons.
  3. Simulators may not be treated as a substitute for medical practice in the field of performance of individual examinations reproduced by the simulators.
  4. The content available to Users during the use of the Simulators, including the simulated course of the examination, may differ from the corresponding course and image of the results of tests that are performed on actual patients in reality.
  5. The Simulators may not be used for making any medical diagnoses nor performing any medical procedures, including diagnostic or therapeutic procedures on patients.
  6. Service Provider shall not be liable for any negative consequences, including damage and harm caused to persons using the Simulators or to persons to whom the Simulator has been used in violation of paragraph 4. In particular, the Service Provider shall not be liable for any consequences of an incorrect diagnosis made on the basis of the Simulators.

NEWSLETTER

§ 10.

  1. The User agrees to receive the Newsletter from the Service Provider.
  2. The Newsletter may contain information about the activities of the Service Provider and its affiliates, including commercial information.

PRIVACY POLICY

§ 11.

  1. Service Provider processes the Users’ personal data. These data will be processed in accordance with the provisions of 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), exclusively for the purpose of implementing the contract for the provision of services by electronic means and for marketing purposes related to the Provider’s products or services.
  2. Service Provider – Medical Simulation Technologies sp. z o.o. with its registered office at 5B/4 Miechowska Street, 30-055 Krakow -is the administrator of Users’ personal data within the meaning of Article 4 point 7 of Regulation 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). The administrator of personal data may be contacted by email at office@mstech.eu.
  3. The legal basis for the processing of personal data is:
    1. processing necessary for the performance of the agreement to which to which the User is party, in accordance with Article 6, subparagraph 1, letter b of the General Data Protection Regulation,
    2. the legitimate interest of the Service Provider in accordance with Article 6(1)(f) of the General Data Protection Regulation in a possible investigation or settlement of the aforementioned claims.
  4. Users’ personal data may include in particular: name, surname, e-mail address, place of work and position in the workplace.
  5. Personal data of the Users may be made available to external entities on the basis of contracts concluded with the Service Provider or legal regulations, including tax administration bodies.
  6. Personal data of the Users will be processed for the period necessary for the purposes specified above.
  7. The User has the right to access his data and the right to request their correction, deletion or restriction of processing, the right to withdraw consent at any time without affecting the lawfulness of the processing, which was made on the basis of consent before its withdrawal. To the extent to which the legal basis for the processing of personal data is a legitimate interest of the controller, the User has the right to object for reasons related to the specific situation of the processing of his personal data.
  8. The User has also the right to lodge a complaint with the President of the Office for Personal Data Protection.
  9. In order to exercise the above rights, it is necessary to contact the administrator of personal data. Contact details are indicated above.
  10. Providing data within the scope of the Newsletter and access to the Simulator is voluntary. In case of failure to provide personal data, granting access to the Simulator by the Service Provider shall not be possible.
  11. Personal data shall not be profiled and shall not be used for automated decision making.
  12. Within the Website, Service Provider uses “cookies” which collects anonymous information about the Users in order to ensure the highest quality of Service and enable improvement of the Service functionality.
  13. Service Provider uses “cookies” also for the needs of advertisements, market research and research of behavior and preferences of Users in order to adjust the Service and the content of the Service to individual preferences of Users.
  14. The following anonymous (not allowing User’s identification) information about the User is gathered by Service Provider with “cookies”:
    1. online location of the User’s network terminal,
    2. IP of the access terminal,
    3. names of hosts,
    4. connection speed,
    5. time spent on the website,
    6. type of browser and its language,
    7. the source of access to the Website and the way it is viewed,
    8. visited subpages of the Website.
  1. No information collected by “cookies” is passed by Service Provider to any third parties.
  2. User may at any time disable the acceptance of the “cookies” policy by changing the appropriate settings of the browser and removing all cookies.
  3. Service Provider informs that disabling “cookies” may cause malfunction of the Website.

TECHNICAL BREAKS

§ 12.

  1. The Service Provider reserves the right to periodic technical interruptions in the operation of the Website, which may cause its temporary unavailability.
  2. The Service Provider notifies the Users of any technical interruption in the functioning of the Service, including its unavailability, referred to in subparagraph 1, unless it is a sudden failure.

COMPLAINT PROCEDURE

§ 13.

  1. Complaints concerning the Services provided may be submitted electronically to the Service Provider’s e-mail address specified in § 1 subparagraph 2 point 1.
  2. Service Provider considers the complaint no later than fourteen working days from the date of receipt.
  3. The reply to the complaint is sent by email address provided by the User.

ACCOUNT BLOCKING

§ 14.

Service Provider has the right to block the Account if:

  1. the User undertakes actions unfavorable for the Service, in particular, disrupts its functioning, hinders the use of the Website or causes its malfunction, as well as undertakes actions detrimental to the Service Provider;
  2. the User has violated any rule specified in these Terms of use and continues not to observe these rules despite prior warning from the Service Provider.

DURATION AND TERMINATION OF THE CONTRACT

§ 15.

  1. The contract for the provision of services by electronic means, which is constituted by the Terms of use, is concluded for an indefinite period of time.
  2. User has the right to terminate the contract for the provision of services by electronic means at any time, by sending an appropriate statement by mail to the address of the Service Provider specified in § 1 subparagraph 2 point 1.
  3. Service Provider is entitled to terminate the contract for the provision of services by electronic means at any time if the User violates the provisions of these Terms of use or continues to not to comply with the rules referred to in §14, despite previous blocking of the Account.
  4. Termination of the agreement for the provision of services by electronic means within the scope of the Account shall lead to the immediate removal of this Account by the Service Provider.

CHANGES IN THE TERMS OF USE

§ 16.

  1. Subject to the provisions of §2, amendments to these Terms of use become effective and binding upon their publication in the Website.
  2. The User is informed about changes in these Terms of use by email and has the right to submit a declaration of non-acceptance of such changes within ten days upon receiving such information.
  3. The statement referred to in subparagraph 2 may be submitted to the Service Provider’s e-mail address specified in § 1 subparagraph 2 point 1.
  4. The submission of the statement referred to in section §2 is equivalent to the termination of the contract for the provision of services by electronic means with immediate effect.

APPLICABLE LAW AND JURISDICTION

§ 17.

  1. The contract for the provision of services through the Service concluded by the User and the Service Provider is governed by Polish law.
  2. Unless the provisions of law, in particular on consumer protection, provide otherwise, any disputes arising on the basis of these Terms and conditions shall be adjudicated by the court of the Service Provider’s registered headquarters.

FINAL PROVISIONS

§ 18.

  1. These Terms of shall be exclusively governed by the laws of the Republic of Poland.
  2. In matters not covered by these Terms of use, in particular the following Polish regulations shall apply:
    1. act of 23 April 1964 Civil Code (consolidated text Journal of Laws of 2019, item 1145, as amended),
    2. act of 18 July 2002 on the provision of electronic services (consolidated text Journal of Laws of 2020, item 344),
    3. 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),
    4. act of 10 May 2018 on the protection of personal data (consolidated text in Journal of Laws of 2019, item 1781),
    5. act of 4 February 1994 on copyright and related rights (consolidated text in Journal of Laws of 2019, item 1231, as amended),
    6. act of 20 May 2014 on Consumer Rights (consolidated text in Journal of Laws of 2020, item 287).
  1. These Terms of use may be made available in different language versions, however, in case of any discrepancies in their interpretation, the English version shall prevail.
  2. These Terms of use become valid on 1st October 2020.