Prosoma regulations

§ 1. General terms and conditions

These regulations (hereinafter referred to as the Regulations) set out the principles of operation of a mobile application delivering digital therapeutics for cancer patients (hereinafter referred to as Prosoma).

The owner of Prosoma is Prosoma spółka z ograniczoną odpowiedzialnością with its registered office in Wrocław at Sudecka street 74/14, 53-129 Wrocław, Poland, KRS (National Court Register) number: 0000730440, NIP (Taxpayer Identification Number): 8992844477, REGON (Statistical Identification numer): 38007935200000, (hereinafter reffered to as Administrator or Service provider).

For the purposes of these Regulations, the following definitions apply:

  • Application – software adapted to be saved in the memory of Mobile Devices;
  • Login Data – means data enabling Login to the User Account, i.e. Login and Password,
  • EEA – means European Economic Area,
  • Password – means a string of alphanumeric characters necessary to authorize the User in order to gain acces to the User Account; determined by the User himself during registration to Prosoma or by changing the current password;
  • Consumer – an individual who uses Prosoma for purposes other than those relating to his or her business or profession, to which the consumer protection legislation in the EEA will apply;
  • User’s account – means a programming solution within Prosoma separated for a specific User, through which the User may use Prosoma;
  • Login – means a string of alphanumeric marks, being the User’s individual identifier (name), necessary to access the User’s Acount, the User’s login in his e-mail address, except for cases when the User has registered and logs in to Prosoma via a Google account or an account on Facebook;
  • To log in – means the act of entering Login Data in the appropriate form to access Prosoma after successful Registration or performing other activities, including logging in to Prosoma via a Google account or Facebook account, allowing the User to be identified and access to the User Account under Prosoma
  • Regulations – means these regulations;
  • Registration – means a set of activities that must be performed in order for the User to create a new User Account;
  • Contract – means a contract between the Service Provider and the User, the subject of which is to enable the User to use Prosoma and to provide services within the framework of Prosoma;
  • Mobile Device – a portable electronic device allowing to receive, send and process data via a wireless internet connection with iOS or Android installed (e.g. smartphone, tablet);
  • Services – means services provided by the Service Provider electronically as part of Prosoma;
  • User – an individual who uses Prosoma resources and functions;

The User may be a natural person, as well as a legal person or an organizational unit without legal personality, provided that the legal person or organizational unit without legal personality uses the resources and functions of Prosoma through natural persons authorized by it.

For proper operation of Prosoma it is required that the device through which the User connects to Prosoma meets the following minimum technical requirements for the Application:

  • Internet connection,
  • operating system: Android or iOS, in the most current version,

In the activity of Prosoma, the User is allowed to use the Services, which include:

  • access to the main page of the Prosoma Application;
  • creation of a User Account with Prosoma, where the User can access e.g. the following Prosoma functions:
    • the possibility to personalize the User Account by entering your personal data, descriptions and pictures;
    • the access to the video about Prosoma digital therapy;
    • the possibility to fill out well-being questionnaire.

The service provider reserves the right to change the range of services provided by the Prosoma with regard to Prosoma development.

The use of the Prosoma Application is free,

All costs related to the data transmission required to download and use the Prosoma Application, each time shall be borne by the User, based on relevant contracts concluded with internet service providers or telecommunications operators.

The Service Provider informs that the use of the Application potentially may involve the risks in the form of the possibility of disclosing your data or unauthorized access to the Application for reasons attributable to the User – in order to avoid the risk, the User shall take the measures necessary to keep the Login Data confidential and to protect the Mobile Device from access by third parties in an appropriate manner (e.g. by establishing a password or device access code, or using biometric means of access verification).

§ 2. General terms of service

Access service to the Prosoma Application

The agreement for the provision of the Prosoma Application access service is concluded upon downloading and installing the Application on a Mobile Device and continues until its removal from the Mobile Device. User may download the application from the following internet platforms: App Store (for iOS) and Google Play (for Android). Installation of the Application from other sources than those indicated in the previous sentence constitutes a breach of the Regulations, and the Service Provider shall not be liable for any damage caused by the operation of the Application downloaded from other sources.

Creation and use of a USER’S ACCOUNT

In order to create a User Account with Prosoma (Registration), the User shall be obliged to fill in the registration form available in the Application and confirm that he has read and accepted the provisions of the Regulations by ticking the appropriate checkbox below the form. In order to create a User Account, the User shall provide the following data:

  • e-mail address;
  • username;
  • authentication code (mailed to e-mail address provided by the User);

and create a Password. User may also register through his Google or Facebook account. For this purpose, the User shall click on the appropriate link on the Prosoma registration page and log in to his Google or Facebook account.

The User is obliged to provide real, current and complete data during the Registration process, under pain of deleting the User’s Account if the Administrator has a justified reason to suspect that the data provided by the User during the Registration process is untrue, outdated and incomplete. In such a case, the Administrator shall immediately notify the User to the e-mail address provided by him/her that the account has been deleted by the Administrator. The risk of indicating incorrect or incomplete data in the User’s Account shall be borne by the User.

Registration shall be deemed completed at the moment of activation of the User’s account.

Access to the User’s Account takes place after entering the Login and Password form, except for the case when the User has made a Registration through his Google or Facebook account. A password must be between 8 and 64 characters and must have at least 3 of the following: a lowercase letter, a uppercase letter, a digit, a symbol. The Service Provider recommends the User to change his/her password periodically in order to secure his/ her Account. If you have registered with your Google or Facebook account, you will be logged in by clicking the appropriate link on the Prosoma login page and logging in to your Google or Facebook account.

The User undertakes not to make his Login Data and access to his User Account available to third parties.

The User is obliged to properly secure the User Account against unauthorized access by third parties. In case of gaining unauthorized access to the User’s Account by third parties or suspicion of password disclosure, the User is obliged to change the Password or, if this is impossible, report this fact to the Service Provider.

Access to the User’s Account is disabled in case:

  • infringements of these Regulations in connection with the use of the User Account, if the Regulations provide for the possibility to suspend temporarily the access to the User’s Account and the Service Provider will decide on the requirement to block the User’s Account,
  • where such an obligation is imposed on the Service Provider by law or by a decision of an authority made in application of the law.

The User’s Account will be deleted in case:

  • infringement of these Regulations by the User, if the Regulations provide for the possibility of deleting the User’s Account and the Service Provider decides on the necessity of blocking the User’s Account,
  • where such an obligation is imposed on the Service Provider by law or by a decision of an authority made in application of the law.

 §  3. General terms and conditions of use of services available under Prosoma

The User undertakes not to post or share any content that is generally considered offensive, untrue or contrary to generally applicable law, rules of social intercourse or morality within the framework of the Prosoma. In particular, it is prohibited to introduce content into Prosoma:

  • aimed at spreading hatred towards certain persons or social groups;
  • which are intended to abuse or violate the personal rights of particular individuals or groups of society,
  • including incitement to commit acts prohibited by law, in particular violence,
  • presenting or inciting to violence, including threats,
  • drastic content (in particular presenting dramatic events),
  • promoting the use of dangerous products, in particular weapons or explosives, and depicting or describing their use,
  • encouraging ill-advised alcohol, tobacco, drugs or medicines consumption, or offers to sell alcohol, tobacco, drugs, medicines or other substances,
  • relating to harmful or misleading products and services, in particular financial services,
  • promoting gambling,
  • of a sexual nature,

if the Service Provider becomes aware of the placement of prohibited content within the framework of Prosoma, the Service Provider shall be entitled to remove it immediately.

The User declares that he/she has intellectual property rights to all content uploaded or made available by him/her under Prosoma.

The user is obliged to use Prosoma in accordance with the law, good manners and principles of social intercourse.

The Service Provider may temporarily block access to the User’s Account containing content contrary to these Regulations, applicable law, good manners or rules of social coexistence or delete such User’s Account. Deletion of the account shall take place after the User has been summoned to remove the infringement within a specified period.

The Service Provider reserves the right to interrupt the access to Prosoma or individual services, related to the maintenance or implementation of changes to Prosoma, as well as arising from reasons beyond the control of the Service Provider. The Service Provider shall make every effort to ensure that these interruptions last as short as possible.

The Service Provider is entitled to delete personal data which it obtains reliable information that they have been collected in violation of these Regulations or in violation of the law.

§4. Debtor and service provider’s liability

The user shall be fully and exclusively responsible for all consequences of his use of Prosoma in violation of these Regulations, applicable laws and rules of social coexistence.

In case third parties make any claims against the Service Provider in relation to the content provided by the User in Prosoma, the User shall release the Service Provider from any liability on this account and cover all costs incurred by the Service Provider in relation to the above mentioned claims.

The Service Provider shall not be liable for any damage resulting from interruptions in the operation of Prosoma not caused by him and for any damage resulting from the cessation or suspension of services under Prosoma performed by the Service Provider in accordance with the provisions of these Regulations or as a result of reasons beyond the Service Provider’s control, as well as for errors and interruptions in the operation of Prosoma, including in particular the loss of User data, resulting from reasons beyond the Service Provider’s control.

The Service Provider shall not be liable for damages resulting from the disclosure of Login Data or unauthorized access to the User’s Account, if it is not at fault in this respect.

The Service Provider is not liable for information and materials placed in Prosoma by the Users. In the case of knowledge about the illegal nature of information or materials placed in Prosoma by the User, the Service Provider reserves the right to remove such content from Prosoma.

Any exclusion of liability provided for in these Regulations shall not apply to the Consumer if the exclusion of liability is not possible due to the content of applicable laws.

The Application, as well as all information, materials and content available in it, as well as its layout, including logos, graphics, photos and trademarks, which have not been introduced into the

Application by the User, are subject to the exclusive rights of the Service Provider or its business partners respectively and are protected by law. The User is not entitled to use in any way the information, materials and content referred to in the previous sentence, unless he has obtained the Service Provider’s prior consent.

The User and third parties having access to the Application are forbidden to modify or copy the Application in whole or in part. The user or third parties may not create derivative products based on the application or its content.

§5. Personal data

The User is not entitled to enter into Prosoma any personal data of persons other than the User. In case of violation of the prohibition referred to in the previous sentence, the Service Provider shall be entitled to delete personal data and User Account.

The detailed rules for the processing of personal data within the framework of Prosoma and the rules for saving and storing cookies are governed by the privacy policy, available at www.prosoma.com

In case when the Service Provider gets information that in connection with entering data into Prosoma there has been a violation of law or the Regulations, the Service Provider shall immediately inform the User about this fact, and the User shall be obliged to remove the found irregularities, under pain of their removal from Prosoma, or if it is required by the provisions of applicable law or if such obligation results from the decision of the authority applying the law – the Service Provider shall take independently ordered actions in order to restore the legal status, in particular remove the data.

§6. Duration and termination of service contracts

The Agreement for the provision of the Prosoma the Agreement for the provision of access to the User Account are concluded for an indefinite period of time.

The User may at any time resign from the service of access to the User’s Account by sending an e-mail with an appropriate disposal to hello@prosoma.com

The Service Provider may, for significant reasons, at any time terminate access to the User’s Account, as well as another agreement concluded between the Service Provider and the User through Prosoma. In particular, the following shall be regarded as important reasons:

  • gross violation of the provisions of these Regulations by the User,
  • complete cessation of services covered by the Regulations by the Service Provider.

Statements on the termination or withdrawal referred to in this paragraph, the Service Provider and the User submit in electronic form – the Service Provider to the e-mail address indicated by the User as part of the User Account, or by means of an appropriate message submitted within the User Account, and the User to the e-mail address of the Service Provider: hello@prosoma.com

§7. Complaints

If a given Service available within the framework of Prosoma is provided in violation of these Regulations, the User may file a complaint.

Complaints can be submitted electronically to the e-mail address: hello@prosoma.com If in order to consider a complaint it is necessary to obtain additional complaints from the User, the User shall be obliged to provide them under pain of leaving the complaint unprocessed.

The service provider shall consider the complaint within 30 working days from the date of its receipt. The response to the User’s complaint is sent to the e-mail address from which the complaint was submitted.

§8. Final provisions

In the case of a dispute between the Service Provider and the User who is a Consumer in the provision of services within the framework of Prosoma, the Consumer shall be entitled to use out-of-court means of complaint handling and pursuing claims, including in particular by submitting a complaint in a selected official language of the European Union by means of the EU ODR internet platform, available on the website: http://ec.europa.eu/consumers/odr.

The Service Provider reserves the right to amend these Regulations for important reasons, which are:

  • change in the scope, type or nature of services provided by the Service Provider, covered by the provisions of these Regulations and the conditions of their provision, in particular due to technical reasons,
  • change the name of any service covered by these Terms and Conditions,
  • Detection of inaccuracies or illegality in the content of these Regulations,
  • change of legal regulations justifying the necessity to change or remove particular provisions of the Regulations,
  • the need to adapt the Service Provider’s scope of activity to the guidelines, recommendations, decisions or rulings of a public authority, court or other body legally empowered to issue binding instructions to the Service Provider,
  • organisational and technical changes in the Service Provider’s structure, including in particular transformation, merger, acquisition, renaming.

Each User who have a User Account shall be informed about the change of the Regulations by e-mail and information on the User Account, at the latest 14 days before its introduction. Lack of acceptance of the amended Regulations when first logging in to Prosoma after publication of information about the change of the Regulations shall be tantamount to a declaration of resignation from using the services provided through Prosoma and removal of the User’s Account, within the deadline set by the User and the Service Provider, and in the case of lack of possibility of amicable settlement, within 14 days from the date of submission of the declaration of lack of acceptance of the new Regulations.

The law applicable to agreements between the Service Provider and the User concluded as part of the use of Prosoma, under the conditions specified in the Regulations, shall be Polish law. Any disputes related to services provided by the Service Provider within the framework of Prosoma shall be settled by the competent Polish common courts. The choice of Polish law and jurisdiction may not, however, result in depriving the Consumer of the protection provided by the mandatory regulations in the Consumer’s State.

The Regulations enters into force on 2020.05.18.

The content of the regulations is available at https://www.prosoma.com/