Regulamin

These Terms and Conditions set out the general rules and conditions for using services provided electronically by the Administrator - FIZJO AI sp. z o.o. with its registered office in Lublin (20-213 Lublin), ul. Gospodarcza 26, entered into the Register of Entrepreneurs of the National Court Register, maintained by the District Court in Lublin with its seat in Świdnik, VI Commercial Division of the National Court Register under KRS number: 0000907841, NIP: 9462707299, REGON: 389254058, through the Website at fizjoai.pl

General Provisions

These Terms and Conditions define the general rules and conditions for using services provided electronically by the Administrator through the Website available at fizjoai.pl
The Website is operated by FIZJO AI sp. z o.o. with its registered office in Lublin (20-213 Lublin), ul. Gospodarcza 26, entered into the Register of Entrepreneurs of the National Court Register, maintained by the District Court in Lublin with its seat in Świdnik, VI Commercial Division of the National Court Register under KRS number: 0000907841, NIP: 9462707299, REGON: 389254058.
The Website's Terms and Conditions along with the Privacy Policy are available free of charge through the Website at fizjoai.pl/terms-and-conditions and fizjoai.pl/privacy-policy.
Full use of the Website, in particular the ability for Physiotherapists to post information about their services and for Patients to use these services, requires registration. The Website distinguishes between two types of accounts: Physiotherapist Account and Patient Account.
Registration in the Website is tantamount to having read and accepted the provisions of the Terms and Conditions and Privacy Policy.
As part of the services provided, the Administrator reserves the right to add and remove certain functionalities of the Website. Changes in the above scope do not constitute an amendment to the Terms and Conditions.

Definitions

Whenever these Terms and Conditions refer to:

Administrator - means FIZJO AI sp. z o.o. with its registered office in Lublin (20-213 Lublin), ul. Gospodarcza 26, entered into the Register of Entrepreneurs of the National Court Register, maintained by the District Court in Lublin with its seat in Świdnik, VI Commercial Division of the National Court Register under KRS number: 0000907841, NIP: 9462707299, REGON: 389254058, email address for contact: [email protected], contact phone: 724576093.
Physiotherapist Account – means an account created during registration in the Website by a Physiotherapist, enabling in particular the creation and personalization of therapeutic exercises for their Patients, creation of training plans, monitoring their progress, and exchanging information with the Patient.
Patient Account – means an account created during registration in the Website by the Administrator or Physiotherapist, enabling in particular viewing content available in the Website, training plans, monitoring progress, and exchanging information with the Physiotherapist.
Website - means the internet platform available at fizjoai.pl, operated by the Administrator, through which the Physiotherapist can create and personalize therapeutic exercises for their Patients, create training plans, monitor Patient progress, and communicate with them.
Subscriber – means a Physiotherapist or Patient who has entered into a Newsletter Agreement with the Administrator or has taken steps to conclude such an agreement.
Agreement - means an agreement concluded between the Physiotherapist, Patient and the Administrator, defining the rules for providing services electronically.
Patient – means a natural person who is at least 18 years old, has legal capacity, who uses the Website through a Patient Account and has entered into an agreement in a scope not directly related to their business activity in order to use the Physiotherapist's services.
Physiotherapist – means a person with appropriate education and qualifications to restore, develop and maintain the physical fitness of the Patient, who through the Website can create and personalize therapeutic exercises for their Patients, create training plans, monitor Patient progress, and communicate with them.

Types and scope of services provided to the Physiotherapist

The Administrator through the Website enables the Physiotherapist to create and personalize, share therapeutic exercises for their Patients, create training plans and share them, monitor Patient progress, and exchange information with them.
The Administrator through the Website also enables the Physiotherapist to add Patients for whom the Physiotherapist can create a Patient Account. The Physiotherapist declares that they have a legal basis for processing the Patients' personal data and that this data is processed by them in accordance with the law.
The Administrator through the Website provides the Physiotherapist with the results of Patient exercises who have used the AI module to evaluate the number and quality of exercises performed by the Patient. In the case of exercises performed by the Patient using the AI module, their results will be made available to the Physiotherapist in descriptive form, i.e., the number of repetitions and series of given exercises compared to the planned ones and the average accuracy of the exercise expressed as a percentage measured live by the AI module.
Creating an account for the Patient is done by the Physiotherapist clicking on the "Add patient" field and completing the personal data required by the Website.
In order to create a Patient Account, the Physiotherapist enters the following Patient data into the Website: First and Last Name, email address. The Physiotherapist may enter other Patient data according to the information provided in the Website.
Access to the Website's functionalities is possible after Registration and logging into the account created by the Physiotherapist.
The Administrator does not charge the Physiotherapist any fees for using the Website. The Administrator reserves the possibility of introducing fees for using the Website in the future, but this will happen with appropriate advance notice (in the form of a change to the terms and conditions) and the Physiotherapist will have the option to stop using the Website free of charge if they do not accept the pricing.
Filling out the registration form means accepting the provisions of the Terms and Conditions and Privacy Policy. A Physiotherapist who does not accept the provisions of the Terms and Conditions or Privacy Policy should stop using the services offered by the Administrator.
Registration in the Website is done electronically through a registration form after selecting the option ,,Physiotherapist Account" according to the procedures indicated therein. When filling out the registration form in the Website, it is necessary to provide data necessary to create an account such as: First and Last Name, Company, address, NIP or KRS in the case of entities registered in the National Court Register, email address, contact phone.
Account activation occurs after positive verification by the Administrator within 30 days from the date of registration. The Physiotherapist is informed about account activation via email to the address provided during registration.
The Administrator, at the request of the Physiotherapist, may also create an Account for the Physiotherapist themselves. In this case, the Physiotherapist conducts the registration process by clicking on the link sent by the Administrator marked with the "activate account" field.
The Website reserves the right to refuse to register a Physiotherapist without giving a reason.
In case of violation of the provisions of the Terms and Conditions, the Administrator has the right to delete the Physiotherapist's account in the Website.
The Physiotherapist, when posting training plans and other information for the Patient, is obliged to post information that is true, reliable, not misleading, and consistent with medical art and knowledge.
The Website reserves the possibility of deleting the Physiotherapist's account in case of violation of the provisions of these Terms and Conditions, as well as publishing offensive, discriminatory information or information violating the rights of third parties.
As part of the services provided, the Administrator reserves the right to add and remove certain functionalities of the Website. Changes in the above scope do not constitute an amendment to the Terms and Conditions.

Types and scope of services provided to the Patient

The Patient, within the Website, obtains the possibility to use the services offered by the Physiotherapist directly in the Website.
Registration in the Website is done electronically by clicking on the link sent by the Administrator marked with the "activate account" field. The Patient Account can be created by the Physiotherapist or directly by the Administrator at the Patient's request.
Clicking by the Patient on the "activate account" field redirects the Patient to the Website, where registration takes place. Registration in the Website means accepting the provisions of the Terms and Conditions and Privacy Policy. A Patient who does not accept the provisions of the Terms and Conditions or Privacy Policy should stop using the Website.
The Administrator does not charge Patients any fees for using the Website. The Administrator reserves the possibility of introducing fees for using the Website in the future, but this will happen with appropriate advance notice (in the form of a change to the terms and conditions) and the Patient will have the option to stop using the Website free of charge if they do not accept the pricing.
After activating the account and accepting the Terms and Conditions by the Patient, the Patient gains access to the functionalities of the Website, within which the Physiotherapist can share training plans with them, monitor their progress, and provide information and comments regarding the training.
In order to develop an appropriate training plan for the Patient, the Website collects data from the Patient in the form of an interview conducted by the Physiotherapist. The Patient is obliged to inform the Physiotherapist about any health changes and injuries and to provide truthful information.
The Patient bears sole responsibility for any consequences related to concealing or omitting circumstances that affect the assessment of the Patient's health condition.
The Patient is obliged to follow all safety and precautionary principles when performing the training plan shared by the Physiotherapist.
The Website enables the evaluation of the correctness of exercises performed by the Patient. For this purpose, the Patient consents on their device to enable the camera and microphone for the duration of the exercise. The exact rules applicable in this regard are described in section VII Conditions for Providing Services by the Website.

Conclusion and validity of the agreement on providing services to the Physiotherapist and Patient

The Agreement with the Administrator is concluded through the Website by registering a Physiotherapist Account or Patient Account in the Website and accepting these Terms and Conditions and Privacy Policy. The Agreement is concluded at the moment of acceptance by the Administrator of the Physiotherapist Account or Patient Account.
The Physiotherapist and Patient gain access to the functionalities of the Website after registration (and account activation) and logging into the created Physiotherapist Account or Patient Account.
The Agreement is concluded for an indefinite period.
After accepting the Physiotherapist Account or Patient Account by the Administrator, the Administrator undertakes to provide the Physiotherapist and Patient with the possibility to use the Website Services.

Conclusion and validity of the Newsletter delivery agreement

In the event that the Subscriber wishes to conclude a Newsletter delivery agreement, they should check the checkbox during account registration next to the statement of consent to receive the Newsletter, acknowledgment of the Terms and Conditions, Privacy Policy, and acceptance of their provisions. The Subscriber should also confirm consent to receive the Newsletter.
Confirmation of consent to receive the Newsletter is equivalent to concluding a Newsletter Delivery Agreement.
The Newsletter service is provided via email to the email address provided by the Subscriber at a frequency determined by the Administrator.
The Newsletter Delivery Agreement is concluded for an indefinite period, which may be terminated at any time and without giving a reason with immediate effect. A Subscriber who is a Consumer or an Entrepreneur with Consumer rights may withdraw from the Newsletter Delivery Agreement without giving a reason within 14 days of its conclusion.
Withdrawal or termination of the Newsletter Delivery Agreement is effective at the moment of:

clicking by the Subscriber on the unsubscribe link, contained in the email message regarding the Newsletter;
sending a statement by the Subscriber about withdrawal or termination of the Newsletter Delivery Agreement via email;
receipt by the Administrator of a written statement of withdrawal or termination of the Newsletter Delivery Agreement.

Conditions for providing Services by the Website

In order to use the services and functionalities of the Website, the Physiotherapist and Patient should provide, at their own expense, a device with Internet access, having a web browser enabling the display of www pages, as well as an active email account.
The Administrator recommends using the following updated versions of web browsers:

Google Chrome;
Safari;
Mozilla Firefox;
Opera.

The Administrator provides the Patient with the possibility to use an AI module, which evaluates the quality and number of exercises performed by the Patient. In order to use this functionality, the Patient must consent on the device they are using to access the microphone and camera. Lack of Patient consent to share the camera and microphone prevents the use of this functionality.
The Patient can start training using the "Start training" button or by voice control by turning on the microphone and using voice commands. The Patient's voice command "Hey fizjo" will initiate listening. The Patient's voice command "Start training" will turn on the camera, after which camera calibration will take place. After proper calibration, the Patient can start performing the exercise. The AI module scales and evaluates the exercises performed by the Patient in real-time. After completing the exercises, the Patient receives a message about the end of the training and its results. The results of the Patient's exercises are made available in descriptive form to the Physiotherapist. The Physiotherapist does not receive a recorded video and audio record of the Patient's exercises.
The AI module evaluates the quality of the exercises performed in real-time. The Administrator declares that neither the Administrator nor the AI module records or stores the video and audio of the Patient's exercises.
The Administrator declares that the Website may contain links enabling the opening of other websites, advertisements, frames in any form and message, including active advertising banners. The Administrator has no influence on the content contained in the places referred to in the preceding sentence, as well as on the privacy policy conducted by the administrators of these websites.
The Administrator declares that the systems and applications it uses guarantee a high standard of security and data protection, but the Website user should be aware that using the public Internet network is associated with the risk of receiving spam and the occurrence of threats such as the presence and operation of malicious software (malware), Internet worms (worm) and others, to whose unwanted action the user is exposed.

Personal data protection

The administrator of personal data collected and processed for the purposes of operating the Website is the Administrator.
The Administrator ensures the protection of personal data of Patients and Physiotherapists using the Website and maintaining confidentiality through the application of appropriate safeguards.
The Administrator processes personal data in accordance with the principles set out in the Privacy Policy and the applicable regulations in force in the territory of the Republic of Poland, in particular on the basis of the Act of May 10, 2018, on the protection of personal data.
The Physiotherapist and Patient have the right at any time to withdraw their consent to the processing of personal data and request their removal by the Administrator.
Detailed information on the processing of personal data by the Administrator can be found in the Privacy Policy available at fizjoai.pl/privacy-policy.

Copyright

All rights to the Website, including all its elements, in particular software, graphic elements, works, internet domain names, functional layout, and other content and services subject to protection under the relevant provisions, belong to the Administrator and are protected by law.
The Administrator declares that it is the sole creator of the Website and, as such, has copyright to it arising from the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 84, as amended)
As a result of the conclusion of the Agreement by the Administrator with the Physiotherapist or Patient, no copyright related to the Website is transferred to the Physiotherapist or Patient. The Physiotherapist and Patient, during the term of the agreement, only have the right to free use of the functionalities made available by the Administrator within the panel available in the account in the Website.
The Administrator reserves that it is not the author of the content placed by the Physiotherapist in the Website and is not responsible for infringement of third-party copyright by the Physiotherapist.

Withdrawal from the Agreement

A natural person entering into an agreement directly related to their business activity, when the content of the agreement indicates that it does not have a professional character, may withdraw from the Agreement with the Administrator within 14 days from the date of concluding the agreement without giving a reason, by submitting a written statement via email to the Administrator's address.
The model withdrawal form is set out in Appendix 1 to the Terms and Conditions.
Upon withdrawal from the Agreement, all services provided by the Administrator expire.
The Administrator has the right to terminate the Agreement on the provision of electronic services with immediate effect and delete the Physiotherapist's or Patient's account if the Physiotherapist or Patient:

grossly violates the provisions of the Terms and Conditions or Privacy Policy;
places content in the Website that violates the rights of third parties;
acts in a manner contrary to the law.

The Physiotherapist and Patient have the right to delete their account from the Website at any time. Account deletion takes place by clicking on the "Delete account" function after logging into the Website. After clicking on the "Delete account" function, a link with confirmation of this operation will be sent to the email address provided in the Website. After clicking on the link, the user's account will be deleted from the Website without the possibility of recovering the data assigned to the account.

Liability rules

The Administrator is not responsible for the inability of the Physiotherapist or Patient to use the Website or its individual functionalities, caused by the Administrator making changes or maintaining the system.
The Administrator is not responsible for damages to the Physiotherapist or Patient resulting from using the Website using a device that does not have antivirus protection, and is also not responsible for other decisions made by users based on the content available in the Website.
The Administrator is not responsible for any loss of data in the event of account deletion.
The Administrator declares that it does not verify the competence of the Physiotherapist and the information provided by them regarding their qualifications, experience, completed training, or proposed exercises and advice for the Patient. Through the website, the Administrator provides a functionality that allows the Physiotherapist to conduct Patient training and the Patient to view the results of completed exercises and contact the Physiotherapist.
The Administrator is not responsible for any injuries or health loss resulting from training advice developed by the Physiotherapist. Information provided in the Website cannot and should not replace medical advice and recommendations.
The Administrator stipulates that it is not a party to the agreement between the Physiotherapist and the Patient.
The Administrator further stipulates that it is not responsible for the performance or improper performance of the Service by the Physiotherapist, and any claims related to the Service, including the right to withdraw from any agreement concluded by the Patient with the Physiotherapist, should be directed directly to the Physiotherapist.
The Administrator, in accordance with Article 14 of the Act of July 18, 2002, on providing services by electronic means:

is not liable for stored data when making them available, if it does not know about the unlawful nature of the data or activity associated with them, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or activity associated with them, it has the right to immediately prevent access to such data;
in the event of receiving an official notification about the unlawful nature of stored data provided by the Physiotherapist or Patient, it will prevent access to such data and in such a case is not liable to the Physiotherapist or Patient for damage resulting from making these data unavailable;
in the event of receiving reliable information about the unlawful nature of stored data provided by the Physiotherapist or Patient, it will prevent access to such data and in such a case is not liable to the Physiotherapist or Patient for damage resulting from preventing access to such data, if it immediately notifies the Physiotherapist or Patient of the intention to prevent access to them.

Final provisions

The Administrator has the right to make changes to these Terms and Conditions. The Administrator will notify the Physiotherapist and Patient using the Website's services of any changes to the Terms and Conditions via an electronic message sent to the address provided by the Physiotherapist and Patient during account registration and by posting a new version in the Website.
The Terms and Conditions and its changes enter into force on the day of its announcement in the Website, unless otherwise provided.
Any matters concerning the Website as well as irregularities in their operation should be directed to [email protected]. In the case of reporting irregularities in the operation of the Website, the Administrator undertakes to remove them as soon as possible.
Polish law is the applicable law in all disputes related to the functioning of the Website.

Appendix No. 1

Statement of withdrawal from the agreement

(this form should be completed and returned only if you wish to withdraw from the Agreement)

………………………………

Place, date

........................................................

First and last name of the person conducting business activity

or company name

FIZJO AI sp. z o.o.

Gospodarcza 26

20-213 Lublin

I .............................................................................................................. hereby inform about my withdrawal from the agreement for the provision of the following Services

....................................................................................................................................

Date of agreement conclusion .........................................

....................................................

signature