“MEDICAL SIMULATION TECHNOLOGIES”

TERMS AND CONDITION FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS ON THE WEBSITE

GENERAL PROVISIONS

§1.

  1. This document contains terms of service provided through the “Medical Simulation Technologies” website available at mstech.eu.
  2. Capitalized terms used in this document shall have the following meaning:
    1. “Account” – an electronic collection of User information as an integral part of the Website; Each Account has a unique username and password assigned to each User; Account Registration may be required to use all or some of the Services;
    2. “Newsletter” – an e-mail message sent by the Service Provider to the User, which may contain information about the activities of the Service Provider and its affiliates, including commercial information;
    3. “Terms and Conditions” – this document along with all attachments and amendments thereto;
    4. “Registration” – an electronic procedure for creating an Account, which may in particular require the provision of relevant personal data of the User in accordance with forms available on the Website;
    5. “Booking” – a booking made by the User on the day of the access and the use of the Simulator, necessary for such access and use, unless a particular Service does not require Booking or unless Terms and Conditions provide otherwise;
    6. “Website” – Medical Simulation Technologies website available at https://www.mstech.eu, provided by Service Provider for booking access to the Simulators, viewing medical information and the use of Simulators;
    7. “Simulators” – virtual medical simulators in a SaaS form, produced by the Service Provider, available on a sub-site of the Website; A Service provided by the Service Provider as part of the Website; Simulators include: eTEEmothy Simulator, which provides a virtual simulation of transesophageal echocardiography and LUS SYMULATOR, which provides a virtual simulation of lung ultrasound and other Simulators made available on the Website by the Service Provider;
    8. “Services” – all services provided by the Service Provider on the Website, including Simulators and the Newsletter; Services may be fee-paid or free of charge pursuant to the Terms and Conditions or their description on the Site;
    9. “Service Provider” – Medical Simulation Technologies sp. z o.o. (a limited liability company) with a registered office in Kraków at ul. Miechowska 5B/4, 30-055 Kraków, e-mail: office@mstech.eu, having NIP (tax identification number) PL6772406231, having REGON number 36501923500000; Service Provider as defined in Article 2 item 6 of the Act of 18 July 2002 on the Provision Services by Electronic Means (consolidated text, Journal of Laws 2020, item 344 as subsequently amended);
    10. “Browsing User” – a User without an Account who uses the Website; Browsing User’s use of the Website is limited solely to browsing the home page and subpages of the Website and using the Services in a manner that does not require Account Registration;
    11. “User” – a natural person, a legal entity or other legal entity without legal personality having legal capacity granted by the appropriate laws, using the Website and the Services after accepting the Terms and Conditions and having an Account.

ACCEPTANCE OF REGULATIONS

§2.

  1. The Use of Services by Users shall require acceptance of Terms of Use.
  2. The use of the Services by Browsing User does not require a separate acceptance of these Terms and Conditions.
  3. Terms and Conditions are available at https://www.mstech.eu/terms, also for download as pdf file.

TECHNICAL CONDITIONS OF USING THE SERVICE

§3.

  1. The use of Service requires the following minimum technical requirements to be met:
    1. Internet connection bandwidth of not less than 8 Mbps,
    2. one of the following web browsers:
      • Mozilla Firefox 22.0 or later with JavaScript and cookies enabled or
      • Google Chrome 28.0 or later with JavaScript and cookies enabled or
      • Apple Safari 5.0 or later with JavaScript and cookies enabled or
      • Opera 12.0 or later with JavaScript and cookies enabled.
  2. Use of the eTEEmothy Simulator requires the following minimum technical requirements to be met:
    1. CPU at min. 2.2 GHz (dual core),
    2. min. 4 GB RAM,
    3. min. 5 Mbps Internet connection.
  3. Use of the LUS Simulator requires the following minimum technical requirements to be met:
    1. graphics card with support for OpenGL 3.3,
    2. recommended minimum display resolution: 1280 x 1024 pixels.
  4. Unless these Terms and Conditions do not provide otherwise technical requirements referred to in subparagraphs 2 and 3 shall also apply to the use of other Simulators.

USERS

§4.

  1. Without prejudice to the subparagraph 2, Services may be used by Users who are natural persons, legal persons or other legal without legal personality having legal capacity granted by the appropriate laws.
  2. The Simulator may actually be used only by one natural person indicated by the User during the Booking.
  3. If the use of the Service require provision of personal data or other information by the User, the User shall confirm their authenticity.
  4. By providing the Service Provider with data of the actual user of the Simulator, the User shall confirm being authorized by this person to dispose of its personal data for the purpose of rendering the Service by the Service Provider.
  5. By providing the Service Provider with the data of the actual user of the Simulator, the User confirms to be acting as the representative of this person the power for the purpose of all activities provided in for these Terms and Conditions.

SERVICE AND PAYMENTS

§5.

  1. The use of the Simulator by the User is granted against a fee, subject to the provisions of subparagraph 3.
  2. Access to all Simulators require prior Booking.
  3. Using the Simulator by the User in a paid version allows access to all its functionalities and priority access to the Booking of access to the Simulator.
  4. The use of the Simulator by the Browsing User is free of charge, but may be subject to restrictions as to its availability at any given time, the time of use of the Simulator and its detailed functionalities. The scope of functionalities of the Simulator available for the Browsing User is presented by the Service Provider individually on the Website before commencement of the use of the Simulator in such free mode.
  5. Service Provider reserves the right to introduce new paid Services or to change the fee for the currently available Services. Information on the actions referred to in the previous sentence shall be presented on the Website shall not constitute an amendment to of these Terms and Conditions.
  6. In consideration of the use of paid Simulators, the User shall pay the Service Provider a fee specified in the current price list located on the Website.
  7. Service Provider may introduce discount codes for paid Services. The subpage of the Website with a payment service may provide an option for a discount code to be entered by the User.
  8. Payment for the Service takes place through the method provided by the Service Provider, in particular through Przelewy24 and Stripe payment gateway. The rules for the functioning of the payment methods provided by the Service Provider are subject to separate relations between the Service Provider and the operators of these payment services or the User and the operators of these payment services.
  9. In order to monitor potential errors in the operation of Simulators, Service Provider may record their operation of Simulators, however Service Provider guarantees that such recording shall not involve processing of personal data of the Users.

BOOKING

§6.

  1. Simulator is available for the User only in time slots selected from the schedule provided by the Service Provider during Booking.
  2. Booking is made by filling in a form available on the subpage of the Service at: https://eteemothy.mstech.eu/select-booking.
  3. The User shall enter the name and e-mail address of the natural person who will be using the Simulator in the form referred to in subparagraph 2.
  4. The User shall select the time slot for the access to the Simulator from the time slots available in the schedule and confirm the choice.
  5. The natural person referred to in subparagraph 3 indicated by the User is entitled to make one Booking only, unless the Service Provider consents to making multiple Bookings.
  6. The LUS Simulator may also be used without Booking, in accordance with the method of access to this Service made available by the Service Provider.

INTELLECTUAL PROPERTY

§7.

  1. Service Provider is entitled to copyrights and other intellectual property rights to the Website in its entirety as well as to its individual parts, regardless of their nature and form, to the extent set out in these Terms of Use, unless explicitly stated otherwise on the Website.
  2. Copying, duplication, public access and any other use of the Website as a whole or its individual parts, in particular in educational or commercial activities, without the prior consent of the Service Provider is prohibited, save the rules of the permitted use of the Website provided for in the Act of 4 February 1994 on Copyright and Related Rights (consolidated text Journal of Laws 2021, item 1062, as subsequently amended).

PROHIBITED ILLEGAL CONTENT

§8.

It is forbidden for the User to publish or upload illegal content within the meaning of the Act of 18 July 2002 on the Provision Services by Electronic Means (consolidated text, Journal of Laws 2020, item 344 as subsequently amended) as well as content violating the rights of third parties or other content not compliant with copyright law.

MEDICAL USE OF SIMULATORS AND LIMITATION OF LIABILITY

§9.

  1. Service Provider undertakes its best efforts to ensure the highest quality of the Simulators, including making them as realistic as possible.
  2. Medical data used in Simulators are based on actual anonymous CT scans or ultrasound images of actual patients, taken solely for medical reasons then properly processed for the Simulators.
  3. Simulators shall not be considered a substitute for the medical practice in the performance of individual examinations presented in Simulators.
  4. Content available to Users when using Simulators, including the simulated course of the examination, may vary from the corresponding course and image of the actual examination results that are performed on real patients in the real world.
  5. Simulators may not be used to make any medical diagnoses or to perform any actual medical procedures, including diagnostic or for therapeutic procedures on patients.
  6. Service Provider is not responsible for any negative consequences, including damages caused to persons using the Simulators or persons by whom the Simulator was used in violation of the Terms and Conditions. In particular, Service Provider shall not be held responsible for any consequences of incorrect diagnosis made on the basis of the Simulators.

NEWSLETTER

§10.

  1. Registration shall be deemed as User’s consent to receive the Newsletter from the Service Provider. The Newsletter Service is linked to the Account Registration Service.
  2. Browsing User may also, at their own discretion, subscribe to the Newsletter by providing the Service Provider with their email address in a form on the Website.
  3. Newsletter contains information about the activities of the Service Provider and its affiliates, including commercial information.

PRIVACY POLICY

§11.

  1. Service Provider shall process Users personal data. Such data shall be processed in accordance with 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), hereinafter referred to as “GDPR“, solely for the purpose of implementing the Act on provision of services by electronic means and for marketing purposes related to the products or services of the Service Provider.
  2. The Service Provider is the controller of Users’ personal data within the meaning of Article 4(7) of the GDPR. The controller of personal data can be contacted via e-mail at: office@mstech.eu.
  3. The legal basis for processing personal data is:
    1. processing necessary for the performance of the contract to which the User is a party, in accordance with article 6 paragraph 1 letter b GDPR,
    2. processing necessary to send the Users viewing the Newsletter, which they agreed to receive, in accordance with article 6 paragraph 1 letter b GDPR,
    3. legitimate interest of the Service Provider in accordance with art. 6 par. 1 lit. f GDPR in the possible investigation and settlement of claims.
  4. Users’ personal data may include in particular: name, surname, e-mail address, place of work and position of the person referred to in §4.2.
  5. Users’ personal data may be made available to external entities under contracts concluded with the Service Provider or under legal regulations, including tax administration bodies.
  6. Users’ personal data shall be processed for the period necessary for the purposes specified in subparagraphs 12-13.
  7. The User has the right to access their data and the right to rectify, erase or restrict their processing, including the right to withdraw consent to the extent to which the User’s data are processed on the basis of their consent at any time without affecting the legality of the processing, which was performed on the basis of consent before its withdrawal. To the extent that the legal basis for the processing of personal data is the legitimate interest of the controller, the User has the right to object for reasons related to the particular situation of the processing of his personal data.
  8. The User also has the right to lodge a complaint to the President of the Office for Personal Data Protection.
  9. In order to exercise the above rights, the User shall contact the administrator of personal data at the administrator’s address found in paragraph 1 subparagraph 2 point 9 of the Terms and Conditions.
  10. Providing User’s data with the Newsletter Service and with the access to the Simulator is voluntary, however failure to provide such personal data shall make access to the Simulator by the Service Provider impossible.
  11. Personal data is not profiled and cannot be used for automated decision-making.
  12. Service Provider uses cookies on the Website which collect anonymous information about Users in order to ensure the highest quality of the Services and to enable improvement of the Website’s functionality.
  13. Service Provider also uses cookies to satisfy advertising needs, market research and research into the behaviour and preferences of Users in order to adapt the Service and the content of the Service to the individual preferences of Users.
  14. The Service Provider collects the following anonymous (non-identifying User) information with cookies:
    1. Internet location of the User’s network terminal,
    2. IP of the access terminal,
    3. host names,
    4. connection speed,
    5. time spent on the Website,
    6. browser type and language,
    7. the source of access to the Website and the manner in which the Website is viewed,
    8. subpages of the Website visited.
  15. The Service Provider does not transfer any information collected by cookies to third parties, except for situations necessary to provide the service of paid access to the Simulator on the basis of separate relations between the Service Provider and the operators of these payment services.
  16. The User may, at any time, disable the acceptance of the cookie policy by changing the relevant settings of the browser and deleting all cookies.
  17. Service Provider informs that disabling cookies may cause the Website to work incorrectly.

TECHNICAL INTERRUPTIONS

§12.

  1. Service Provider reserves the right to periodical technical interruptions in functioning of the Website, which may cause its temporary unavailability.
  2. Service Provider shall inform Users of any technical interruptions in the functioning of the Site, including its unavailability referred to in subsection 1.

PROCEDURE FOR FILING A COMPLAINT

§13.

  1. Complaints regarding the Services may be submitted electronically to the e-mail address of the Service Provider specified in paragraph 1 subparagraph 2 pint 9.
  2. Service Provider shall investigate complaints within fourteen working days of receiving the complaint.
  3. The response to the complaint is sent to an e-mail address provided by the User.
  4. Out-of-court settlement of complaints and claims is also possible through the platform for online dispute resolution between consumers and businesses provided by the European Commission (ODR platform available at: http://ec.europa.eu/consumers/odr/.).

ACCOUNT BLOCKING

§14.

Service Provider has the right to block an Account in the event that:

  1. the User takes actions detrimental to the Service, in particular disrupting its functioning, hindering the use of the Service or causing it to malfunction, as well as actions taken by the User harmful to Service Provider;
  2. the User has violated any rule specified in the Regulations and continues not to comply with the Terms and Conditions despite receiving a prior warning from the Service Provider.

DURATION AND TERMINATION OF THE CONTRACT

§15.

  1. The agreement for the provision of services by electronic means, constituted by these Terms and Conditions is concluded for an indefinite period of time.
  2. Upon the acceptance of these Terms and Conditions, the User loses the right to withdraw from the contract for electronic services.
  3. Each party has the right to terminate the contract for electronic services at any time, without providing reasons.
  4. The User has the right to terminate the contract for 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 paragraph 1 subparagraph 2 pint 9.
  5. The Service Provider has the right to terminate the agreement for the provision of services by electronic means at any time if the User violates the provisions of these Terms and Conditions or still fails to comply with the rules referred to in paragraph 14, despite having previously blocked the Account.
  6. Termination of the agreement for the provision of services by electronic means in respect of an Account leads to an immediate blocking of that Account by the Service Provider.

CHANGES TO THE TERMS AND CONDITIONS

§16.

  1. Subject to the provisions of paragraph 2, amendments to these Terms of Use shall become effective and binding upon their publication on the Website.
  2. The User shall be informed of the planned amendments to the Terms and Conditions via e-mail and shall have the right to submit a declaration of non-acceptance of such amendments within ten days of receiving such information.
  3. The statement referred to in subparagraph 2 may be submitted to the e-mail address of the Service Provider specified in paragraph 1 subparagraph 2 point 9.
  4. The submission of a statement referred to in subparagraph 2 shall have the effect of the termination of the contract for the provision of services by electronic means with immediate effect.

GOVERNING LAW AND JURISDICTION

§17.

  1. The contract for provision of services through the Website concluded between the User and Service Provider shall be governed by Polish law.
  2. Unless otherwise provided by law, in particular consumer protection law, all disputes arising from the application of these Terms and Conditions shall be resolved by the court with jurisdiction over the Service Provider’s registered office.

FINAL PROVISIONS

§18.

  1. The provisions of these Terms and Conditions are governed exclusively by Polish law.
  2. In matters not covered by these Terms and Conditions, the following Polish regulations shall apply:
    1. Act of 23 April 1964 Civil Code (consolidated text Journal of Laws 2020, item 1740 as subsequently amended),
    2. Act of 18 July 2002 on the provision of services by electronic means (consolidated text Journal of Laws 2020, item 344 as subsequently amended),
    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 Journal of Laws 2019, item 1781 as subsequently amended),
    5. Act of 4 February 1994 on Copyright and Related Rights (consolidated text Journal of Laws 2021, item 1062 as subsequently amended)
  3. These Terms and Conditions may be made available in different language versions, but in case of any discrepancy in their interpretation, the Polish version shall prevail.
  4. These Terms and Conditions shall enter into force and become effective on August 1, 2021.