§1 GENERAL PROVISIONS
1. These TERMS AND CONDITIONS set out the rules for using the “Rephysio” App made available to Users by the Operator, EON46 Joint – stock company with its registered office in Poznań.
2. These TERMS AND CONDITIONS are regulations within the meaning of the provisions on providing services by electronic means. The regulations specify:
a) Rules for providing services by electronic means covering individual functionalities of the “Rephysio” App and making them available to Users,
b) Rules for downloading the App from the platforms indicated in the TERMS AND CONDITIONS,
c) Rules for using the App by Users,
d) Users’ and the App Operators rights and obligations,
e) Rules for the protection of Users’ personal data.
3. The user should read the TERMS AND CONDITIONS before using the App.
4. The User may at any time download the content of the TERMS AND CONDITIONS via the App or platform on which the App has been made available. The Operator guarantees constant availability of the TERMS AND CONDITIONS in their current wording.
5. The provisions of the TERMS AND CONDITIONS that have not been made available to Users in the manner indicated in sec. 3 above are not binding on Users.
6. By downloading and using the App, the User accepts the TERMS AND CONDITIONS. If the User does not accept the content of the TERMS AND CONDITIONS, he should uninstall the App or – if he has not yet downloaded the App – abandon its installation.
7. Electronic services are provided only on the basis of these TERMS AND CONDITIONS.
8. The Administrator reserves the right to modify the App or withdraw it due to the circumstances arising from the provisions of generally applicable law, technological changes, difficulties related to the operation of the App, the Internet, as well as in cases justified by the emergence of other legal circumstances or the protection of privacy of data processed in the App.
The terms used in the TERMS AND CONDITIONS mean:
a) Service Provider / Personal Data Administrator – EON 46 Joint – stock company, Stanisław Taczka street 24, 61-819 Poznan, National Court Register: 0000810511, tax number: 7831803136, National Business Registry Number: 383714263, share capital: 500.000 zlotys paid in full.
b) App – “Rephysio” mobile app designed for mobile devices supported by the operating system: Android, iOS, enabling access to rehabilitation exercises and consultation with physiotherapists in real time
c) Chat – additional app function that allows remote connection in real time with a physiotherapist and conducting a conversation this way.
d) Identification – login (e-mail address or User name) and password set individually by the User in the process of creating a User Account in the App.
e) User Account – a User profile that allows you to use the functionalities provided in the App.
f) Logging in – the act of entering Identification Data that allows the User to be identified.
g) Platform – a portal or website that allows its Users to download the App provided in it, including in particular GooglePlay and the AppStore.
h) TERMS AND CONDITIONS – these TERMS AND CONDITIONS of the “Rephysio” App
i) Registration – setting up an Account by the User in the App.
j) GDPR – 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 Protection Regulation data)
k) Electronic service – a service consisting in providing a free or paid version of the App, including:
– sharing exercise plans with tips on how to perform them,
– providing recommendations, information and contraindications regarding exercises,
– enabling management of User Account settings,
– real-time consultation via Chat with a physiotherapist.
l) Mobile devices – portable electronic devices connected to the Internet using wireless technology (3G, LTE, Wi-Fi) using the Android, iOS operating system, including a portable or desktop computer.
m) User – a natural person who uses the App.
§3 SERVICES PROVIDED BY ELECTRONIC MEANS AND PAYMENTS
1. Services provided electronically via the App include, in particular:
a) Providing physiotherapeutic exercise plans grouped according to specific diseases,
b) Providing recommendations, information and contraindications regarding the exercises,
c) Allowing the User to save implemented exercise plans in his User Account in the ‘My Therapies’ tab,
d) Allowing management of implemented exercises,
e) Possibility to have a real-time consultation with a physiotherapist regarding the additionally purchased service,
2. Downloading the App from the Platform to a mobile device is free.
3. The User uses the App in the form of a subscription. The User has a possibility to use the 3-day free subscription.
4. The User’s use of the App after the trial period is paid.
5. The User can purchase a subscription for 1, 3, 6 or 12 months. The current subscription fee is always indicated in the price list available in the App.
6. The choice of the option of consulting a physiotherapist in the form of a Chat by the User is payable. The fee for using the Chat in the current amount is always indicated in the price list available in the App and made available to the User at the time of choosing to use this functionality.
7. Regardless of the publication of the price list, the price for subscribing or using the Chat service will be always notified to the User at the time of purchase. The amount given as the price already includes all necessary taxes and public and legal fees.
8. The User may purchase a subscription or access to the Chat via the Platform. Payments are handled according to the rules set by the Platform operators in accordance with the regulations adopted by them.
9. The subscription automatically renews for the next period according to the period originally chosen by the User.
10. The User may at any time cancel the subscription in accordance with the terms and regulations of the Platform through which he purchased the Subscription. Information in this regard is available:
a) For Google Play – https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=pl
b) For AppStore – https://support.apple.com/pl-pl/HT202039
11. The costs of data transmission required to download, install and use the App are covered by the User of the App on their own basis under the contract concluded with the operator of the Internet access service. The Service Provider is not responsible for the amount of fees charged for the use of data transmission necessary to use the App.
§4 USER’S ACCOUNT
1. To be able to use the App, the User must download the App to a Mobile Device.
2. Downloading and installing the App requires creating an User Account in the App. To create an User Account, the User is required to provide the following data:
a) Phone number
b) Users name.
3. The User must provide the following data to register:
a) Choosing the language in which the User wants to operate the App,
b) SMS activation – User’s phone number and then – User’s email address,
c) After activating the account – User’s name.
4. Registration in the App is confirmed by an SMS code – after the User selects the language of the App service and provides a phone number, an authorization code will be sent to the number provided by the User, which should then be entered in the App to activate the User Account and gain access to the full functionality of the App .
5. The User may use the App after registration in accordance with sec. 4 above.
6. Then the User is required to choose the subscription option.
7. The User has the right to edit his data provided during Registration. Data editing is possible via the App – in the User’s account settings.
8. The User has the right to delete the Account himself using the appropriate App function located in the “Settings” section. In this case, all information regarding the User will be deleted by the Operator.
9. Cessation of use requires uninstalling the App from a mobile device. Termination of the contract for the provision of electronic services occurs when the App is uninstalled.
10. The User Account cannot be transferred to another person.
11. The Operator reserves the right to suspend, modify or delete the User’s account, in particular in an event of violation of the TERMS AND CONDITIONS by the User or reporting abuses, as well as in any other case when it is justified by the Operator’s interests.
§5 USE OF THE APP
1. Upon downloading and installing the App on the User’s mobile device, the User concludes an agreement with the Operator for the provision of electronic services covering the use of the App and its individual functionalities.
2. The first 3 days of using the App are a trial period before which the User may opt out of using the App. In the absence of cancellation, the User will be charged a subscription fee in accordance with the subscription option chosen by the User.
3. Upon selecting the appropriate subscription, the User concludes an agreement with the Operator for the provision of electronic services for the period for which the subscription was purchased, subject to the free right of resignation of the User from using the App within 3 days from the date of registration in the App.
4. Downloading the App from the platform, as well as using it for a period of 3 days as part of the trial subscription is free. Use of the App subscription after the trial period has to be paid according to the subscription option chosen by the User. The User will be charged the amount of the subscription fee after the expiry of the period of free use of the App, if he does not resign from using the App during this time.
5. With the conclusion of the contract for the provision of electronic services, the Operator grants the User a license to use the content available in the App on the terms set out in §8 below.
6. The User can play videos with exercises made available in the App in any order selected by the User. Along with the videos, the Operator also provides tips on how to perform exercises and information on contraindications to perform them.
7. Exercises available in the App have been grouped by disease. The user can choose any exercise, including the implementation of exercises from various categories. The history of completed exercises is stored in the User’s Account.
8. The user cannot share their own exercises as part of the App.
9. The User may also use the function of consultation with a physiotherapist as part of the Chat, described in detail in §6 below.
10. The User is solely responsible for the incompatibility of the data provided in the App, as well as disclosure to third parties of data enabling access to the User Account in the App.
11. The user is obliged to use the App in compliance with the following obligations in this regard:
a) Obligation to use the App with applicable law, these TERMS AND CONDITIONS and the terms and conditions of the Platforms on which the App has been made available.
b) The obligation to use the App in accordance with the principles of social coexistence, as well as with rules of using the Internet and mobile apps,
c) The obligation to use the App in a way that does not interfere with its operation,
d) The obligation to use the App in a way that is not burdensome to other Users, the Operator and entities providing access to the Internet,
e) Obligation to respect third parties’ personal rights, including the right to privacy and other rights of third parties to which they are entitled.
12. The User is obliged to use the materials made available as part of the App only to the extent of fair use and the purpose for which the App is used, specified by the Operator.
13. In the event of violation of the User’s rights in connection with the use of the App, the User is obliged to inform the Operator about this fact.
15. In the event that the User violates the provisions of generally applicable law or the provisions of the TERMS AND CONDITIONS, as well as violates the principles of social coexistence, or is acting against the justified interest of the Operator, the Operator may take actions to remove these violations, including limiting the Users access to the App.
16. The User installing the App is required to provide truthful, accurate and current information and data that is not misleading.
17. The User is obliged to comply with the prohibition on providing illegal content referred to in art. 8 sec. 3 point 2 letter. b) Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended), in particular content calling for racial, ethnic, religious hatred, containing pornographic content, praising fascism, Nazism , communism, propagating violence, questioning historical facts, insulting religious feelings, violating the rights of others, etc.
18. The Operator at any time, without giving a reason has the right to disable access to the App in order to make improvements or carry out the necessary repairs and maintenance. Technical breaks in the operation of the App cannot be the basis for submitting any claims on the part of Users or Minors and any other persons.
19. The Operator reserves the right to suspend, at any time and for any reason, the activities of the App, as well as to change, withdraw or add new services provided through it.
20. The Operator conducts ongoing supervision over the technical functioning of the App, ensuring its correct operation. However, the operator does not guarantee constant availability of all the App functionalities as well as their flawless operation.
§6 CONSULTATION ON THE CHAT
1. As part of the App service, the User has the option to purchase access to a consultation service with a physiotherapist in the form of a chat.
2. The User can make a payment for using the service via the Platform. Payments are made in accordance with the regulations of individual Platforms and on the principles described therein.
3. To use the chat option, the User should be logged in to the App and select the “Consultation” option. After making the selection in the App, the User is obliged to make the payment via the Platform.
4. After purchasing access to the consultations, the User gains access to the Chat. To customize the subject of the consultation, the User should provide a precise description of the ailments he wants to consult.
5. After settling the fee, the consultation remains in standby mode until physiotherapists confirmation. The User will be informed about the application by a relevant message in the App.
6. The consultation remains active until it is closed by the physiotherapist. Closing of the consultation cannot take place without confirmation of obtaining all the information from the User or not earlier than 24 hours from its start by the User (in the event of the User’s inactivity in chat). The condition for closing the consultation is establishing contact between the User and a physiotherapist.
7. The consultation has no time limit, with a subject to sec. 6 to the extent that it concerns the user’s inactivity.
8. The content of communication between the User and the consulting physiotherapist is not stored by the Operator and is saved only on the User’s mobile device.
9. The User is responsible for the content of the information provided as part of the consultation of the physiotherapist, as well as for the accuracy of this information. The Operator does not have any access to correspondence transferred between the parties of the consultation.
10. The operator reserves that:
a) is not responsible for the content of consultations and information provided to the User by a physiotherapist, as well as for the effects of its use by the User,
b) does not provide any advice and consultations, but only provides the User and the physiotherapist with technical capabilities to communicate and exchange information on the subject of consultations.
§7 EXERCISES AND THEIR RESULTS
1. Due to the Apps opeation, the Operator does not have information about any diseases that the User suffers from or may suffer from, including in particular the Operator does not have data from the User’s medical history or Users medical recommendations.
2. Before using the exercises available in the App, the User is obliged to consult a doctor or physiotherapist.
3. The User makes their own choice of exercises available in the App. The exercise program is not based on user data.
4. The effects of the exercises may be different for individual Users depending on their individual properties.
5. The effectiveness of exercises depends on many factors, and they can also lead to side effects. The Operator does not guarantee the effectiveness of performed exercises, and is not responsible for the occurrence of any negative effects.
6. The Operator does not monitor Users’ exercises performance, as well – he is not responsible for any types of injuries, illnesses and other inconveniences caused by the use of exercises available in the App.
7. Except of the function of a chat with a physiotherapist, the App is not a source of medical knowledge, therefore the information provided in the App does not constitute medical advice and cannot be treated as a substitute for consulting a doctor or physiotherapist. The User is solely responsible for maintaining his health and conducting necessary examinations and consultations.
1. All proprietary copyrights and applicable licenses for the App and shared content in whole and in parts, in particular text, graphic, multimedia elements and elements of programming applications generating and operating the App are reserved to the Operator.
2. Copyright is protected by the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2018, item 1191, as amended).
3. The use of content published in the App does not mean that the User acquires any copyrights, subject to sec. 4 below.
4. Upon downloading the App, the Operator grants the User a non-exclusive, non-transferable, territorially unlimited, time-unlimited (i.e. for the time of subscription purchased option for extension for a further period) license to use it for its intended purpose.
5. The license referred to in sec. 4 above does not authorize the User to grant further licenses.
6. The user is not entitled to use the App for commercial purposes.
7. Transferring the App content to third parties is allowed by using the tools contained in the App and intended for this purpose.
8. It is forbidden to reproduce, sell, market or distribute the App, its content, films and exercise manuals, in whole or in parts, in particular sending or sharing in computer systems and networks, mobile app distribution systems or any other ICT systems.
§9 TECHNICAL REQUIREMENTS
1. The App is available to all Users of mobile devices meeting the technical requirements indicated below, who will download it from the Platform and correctly launch it on a mobile device.
2. Installing the App requires downloading it from the Platform.
3. The device on which the App is to be run must meet the following technical requirements for the operating system:
a) for the version of the App downloaded from Google Play – Android version 4.4 KitKat minimum,
b) for the App version downloaded from the App Store – iOS version 9.3.5 minimum.
4. Access to the Internet (active Internet connection, active Wi-Fi connection) is necessary for the App to run and function properly.
§10 OPERATOR’S LIABILITY
1. The User acknowledges that the App is a program whose operation is affected by a number of factors that require coexistence of the program with other programs, mobile device component drivers, web browsers, other devices, including computer networks or telecommunications operators infrastructure.
2. The Operator conducts ongoing supervision over the technical functioning of the App, ensuring its correct operation.
3. The Operator does not guarantee constant availability of all App functionalities as well as their flawless operation.
4. The User acknowledges that there may be circumstances affecting the operation of the App, which are not within the responsibility of the Operator, for which it is not possible to examine them exhaustively and to prevent any irregularities in the operation of the App.
5. With regarding to the above, no provisions of the TERMS AND CONDITIONS, as well as any element of the content of websites belonging to the Operator, should not be read as a guarantee of the correct operation of the App, and the User, despite the lack of such a guarantee, independently decides to start using the App, bearing in mind primarily that the App has been designed in a way that ensures its optimal functioning on the device on which the User installs the App in the configuration he uses.
6. The Operator in particular is not responsible for:
a) damages, lost profits resulting from the violation of third party rights by the User or minor User;
b) damages, lost benefits resulting from disruptions in the availability of all or individual functionalities of the App;
c) services, apps and websites provided by third parties.
7. The Operator is not responsible for limitations or technical problems in ICT systems used by Users’ mobile devices, which prevent or restrict Users from using the App and the services offered through it.
§11 PERSONAL DATA PROTECTION
2. The User’s mobile device stores data in the form of chat content, provided that the User has used this App function.
4. The Operator informs that in order to provide the access service, it is necessary to process operational data including the date and time of logging in.
5. Anonymous data regarding the User’s activity in the App can be processed by the Operator only for statistical purposes.
§12 CONSUMER RIGHTS
1. The User, being a consumer, has the rights arising from the provisions of the Act of 30 May 2014 on consumer rights, including the right to withdraw from the contract.
2. For each contract concluded with the consumer outside the business premises, the consumer has the right to withdraw from it within 14 days from the date of its conclusion, without giving any reason, which is carried out by submitting a statement to the Operator’s address: EON 46 Joint – stock company, Stanisław Taczka street 24, 61-819 Poznan, or by email to the address: ___ before the deadline for withdrawal. The User may use the form attached to the Regulations.
3. The User may also unsubscribe from the App or Chat consultation via the Platform:
a) For GooglePlay – https://support.google.com/googleplay/answer/2479637#apps
b) For AppStore – https://reportaproblem.apple.com/
4. This right may be excluded (pursuant to Article 38 of the Consumer Rights Act), among others in the case of contracts for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
5. In these TERMS AND CONDITIONS, the Operator informs and stipulates that the User’s right to withdraw from the contract is subject to exclusion if the User has started using the App subscription or consultation via Chat, constituting digital content, before the deadline to withdraw from the contract and has agreed to the Operator to make it available to him these digital content before the deadline to withdraw from the contract.
1. All complaints regarding the App functionality should be reported within 14 days of the User finding any irregularities.
2. Complaints can be made:
a) via email to the email address: ___
b) at the telephone number ___ from Monday to Friday from 8 AM to 4 PM.
c) in writing to the Operator’s address indicated in sec. 1.
3. The complaint should contain: the content of the complaint and contact details to which feedback should be sent, a description of the problem and the reason for the complaint.
4. The Operator will attempt to provide a written response to all complaints within 14 days.
5. Responses to complaints will be sent by e-mail, post, fax or telephone, in accordance with the contact details provided by the complainant in the complaint.
1. Contact with the Operator is possible in the following ways:
a) via email to the email address: ___
b) at the telephone number ___ from Monday to Friday from 8 AM to 4 PM.
c) in writing to the Operator’s address indicated in §2 sec. 1 letter a) above.
d) via Messanger ___
§15 FINAL PROVISIONS
1. These TERMS AND CONDITIONS constitute the entire arrangements between the Operator and the User regarding the provision of electronic services and supersedes any other arrangements and agreements between the Parties.
2. The Operator reserves that these TERMS AND CONDITIONS may change. The current version of the TERMS AND CONDITIONS is always available in the App.
3. Amendments to the TERMS AND CONDITIONS shall enter into force for all Users in the scope of their Electronic Services:
a) After 14 days from the date of publication of the new version of the TERMS AND CONDITIONS, to the extent that the changes relate to provisions of a material nature that may have a negative effect on the situation of the User. In the absence of acceptance of changes in the Regulations, the User should inform the Operator about this fact and stop using the App before the date of entry into force of this change.
b) With the publication of the new version of the TERMS AND CONDITIONS – to the extent that the changes are not of a material nature or do not have a negative impact on the situation of Users.
4. The Operator provides access to the TERMS AND CONDITIONS via the link found on ____ and directly in the App.
5. To the extent not regulated in the TERMS AND CONDITIONS, there apply the provisions of mandatory law.
6. The TERMS AND CONDITIONS have been in force since __2020.