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MEDIA FRIENDS SP. Z O.O.

TERMS AND CONDITIONS OF THE SOFTWARE APPLICATIONS BIOHEALER CONNECT AND BIOHEALER MOBILE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE MEDIA FRIENDS SOFTWARE. BY USING THE MEDIA FRIENDS SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THE TERMS OF SERVICE, YOU SHOULD NOT INSTALL AND/OR USE THIS SOFTWARE.

ATTENTION!

BIOHEALER DEVICES MANUFACTURED BY MEDIA FRIENDS SP. Z O.O. FOR WHICH THIS APPLICATION IS NECESSARY ARE NOT MEDICAL DEVICES IN THE CONTEXT OF COMPLIANCE WITH APPLICABLE LAWS, INCLUDING THE ACT, DIRECTIVES AND REGULATIONS ON MEDICAL DEVICES AND PRODUCTS. THE USE OF THE DEVICE IS EXCLUSIVELY EXPERIMENTAL AND DOES NOT REPLACE CONVENTIONAL TREATMENT BY A DOCTOR AND QUALIFIED MEDICAL PERSONNEL.

MEDIA FRIENDS SP. Z O.O. AND/OR THE DISTRIBUTOR SHALL NOT BE LIABLE FOR THE EFFECTS, RESULTS AND CONSEQUENCES (IN PARTICULAR NEGATIVE ONES) OF USING BIOHEALER DEVICES AND APPLICATIONS. BY ACCEPTING THE TERMS AND CONDITIONS, THE USER ASSUMES ALL RESPONSIBILITY FOR THE EFFECTS, CONSEQUENCES AND IMPLICATIONS (ESPECIALLY NEGATIVE ONES) OF USING BIOHEALER DEVICES AND APPLICATIONS. THE USE OF BIOHEALER DEVICES AND APPLICATIONS IS EXPERIMENTAL, THEREFORE THE USER USES THEM AT THEIR OWN RISK. THE TERMS USED IN THE APPLICATION DO NOT CONSTITUTE A PROMISE AND SHOULD ONLY BE TREATED EMPIRICALLY.

AGAINST THE ADVICE!!!

DO NOT USE BIOHEALER DEVICES IN CASE OF:

  • IMPLANTED PACEMAKERS
  • IMPLANTED METAL ELEMENTS INCLUDING IMPLANTS, STENTS, ETC.
  • BENIGN AND MALIGNANT TUMORS
  • CANCER
  • EPILEPSY
  • PREGNANCY AND BREASTFEEDING
  • CIRCULATORY DISORDERS
  • BLOOD COAGULATION DISORDERS
  • HYPERACTIVITY
  • DISRUPTIONS OF THE SKIN IN THE AREAS WHERE CONTACT ELECTRODES ARE USED
  • PSYCHOLOGICAL DISEASES
  • IN CHILDREN UNDER 3 YEARS OF AGE

1. General provisions

1.1. The terms used in these Terms and Conditions with a capital letter, regardless of their number, shall have the following definitions:

  • Terms and Conditions: these Terms and Conditions, available in the Application and on the website: https://biohealer.pl/regulaminy, constituting a contractual template (contract) within the meaning of Article 384 of the Civil Code,
  • Application: software owned and managed by the Service Provider in the form of a mobile application, through which the User can manage and control Biohealer devices offered by the Service Provider, made available for download and use free of charge,
  • Services: all functionalities of the Application and the Biohealer Device made available to the User by the Service Provider, in particular the services described in point 2 of the Regulations.
  • User: A person with full legal capacity who has downloaded and installed the Application.
  • Service Provider: Media Friends Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at Aleje Jerozolimskie 155/U3, 02-326 Warsaw, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000730783, NIP: 5291821424, Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000730783, NIP: 5291821424, share capital: 10,000.00 PLN,
  • Personal Data: information entered by the User, collected by the Service Provider during the use of the Application, constituting personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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 Data Protection Regulation),
  • Technical Downtime: temporary disabling of all or part of the functionality of the Application due to a failure of the Application, including the Application servers, or due to the need to maintain these servers or to modernize or redesign the Application, during which time it is not possible to use all or selected Services,
  • Force Majeure: an external event that the User and the Service Provider could not foresee and prevent, preventing the use of the Application in whole or in part, permanently or for a certain period of time, which the User or the Service Provider could not counteract with due diligence and which was not the result of errors, or negligence of the User or the affected Service Provider,
  • Mobile device: a mobile electronic device (such as a smartphone) running on Android OS version 10 or higher and iOS version 15.7 or higher.
  • Biohealer device: an electronic device that generates an electric current and an electromagnetic field of variable shape and frequency,
  • Registration – the User creates an Account using the registration form available in the Biohealer Connect mobile application or the Biohealer web application and accepts the provisions of the Regulations,
  • Password – a string of 8 to 16 characters, chosen by the User, containing at least one digit, one lower case letter and one upper case letter. The User uses the Password to secure his/her access to the Application,

1.2. All information, requests and questions for which the Terms and Conditions do not specify any form of communication should be directed via the contact form available at: https://biohealer.pl/kontakt.

2. Subject and scope of Services

2.1. These Terms and Conditions define the rules for using the Application and the rules for using the Services via the Application.

2.2. By using the Application, the User can remotely connect to and manage the Biohealer Device using the BLUETOOTH module built into the Mobile Device.

2.3. The possibility of providing the services specified in section 2 above may depend on the User’s preferences for using the Mobile Device, including the activation of the BLUETOOTH module, the rules of access to the Application on the Device and other applications. The User may change these Preferences according to the rules and in the manner specified by the supplier or entity responsible for the Mobile Device.

2.4. Some of the services indicated in section 2 may require the User to install third-party software on the Device in order to be fully provided.

2.5. Within the Biohealer Connect application, the user has the option of purchasing subscriptions containing additional functionalities via the App Store and Google Play Store platforms. The rules regarding the purchase and scope of individual subscriptions are set out in separate terms and conditions available at https://biohealer.pl/regulamin-subskrypcji/.

3. Terms of use of the Application

3.1. Users who have a Biohealer device and meet the conditions specified in the Regulations are entitled to use the Application.

3.2. Before starting to use the Biohealer Connect Application, the User shall fill in the registration form and follow the steps according to the instructions provided in the Application.

3.3. When registering in the Biohealer Connect application, the User shall provide the following data:

First name

Last name

Email address

The user acknowledges and accepts the Terms and Conditions.

3.4. The data provided by the User during registration should be true and legal. The User should immediately update this data if it changes.

Updating the data is possible by contacting: appsupport@biohealer.pl

3.5. A registered user has the right to delete their account in the application. It is possible to request deletion of the account by contacting: appsupport@biohealer.pl

3.6. During registration, the User enters an e-mail address, the Service Provider sends access data to the e-mail address provided in the form of a

  • link to confirm the e-mail address

3.7. In order to use the Biohealer Connect Application, it is necessary for the User to log in on the main page of the Application by correctly entering their e-mail address and Password.

3.8. The User should not share their Password with third parties.

3.9. Users may not in any way enter the following content into the Application:

  • illegal content,
  • malware that disrupts the functioning of the Application (in particular viruses, Trojan horses, scripts and software that change the code of the Application or destroy the Application) or that intercepts data available in the Application to which they do not have rights.

3.10. The user should read the instruction manual and follow the rules for safe use of the product. The manufacturer or seller shall not be liable for damages resulting from improper use.

3.11. The user should install all software updates provided by the manufacturer to ensure the safety and correct use of the device. Failure to update may result in limitation of the manufacturer’s liability and problems in the operation of the device.

3.12. Except as specified in point 3.9 of the Terms and Conditions, it is also prohibited to use the Application in a manner inconsistent with the principles of social coexistence or morality, and in a manner that disrupts the proper functioning of the Application or in a manner that violates the legitimate interests of the Service Provider.

3.13. In the event of a breach of point 3.9 and point 3.10 of the Regulations, the Service Provider reserves the right to block the User’s access to the Application, and this block cannot be treated as a manifestation of undue diligence on the part of the Service Provider, and the Service Provider’s liability towards the User, in particular any kind of liability for damages, for the consequences of applying this measure, is excluded.

3.14. If the User discovers any vulnerabilities or irregularities in the functioning of the Application, the User may report the above to the Service Provider by contacting: appsupport@biohealer.pl

4. Technical requirements and Technical Break

4.1. In order to use the Application, the User should meet the following technical requirements:

  • a mobile electronic device (such as a smartphone) operating on the basis of the following operating systems and their versions:
  • Android version 11.0 and higher,
  • iOS version 15.7 and higher.

4.2. The requirements for the version of the operating systems specified in point 4.1. above are minimum requirements. To the best of the Service Provider’s knowledge, it is also possible to use the Application via lower system versions than those listed in point 4.1 of the Regulations, however, only the operating systems in the versions indicated in the above point ensure the proper functioning of the Application.

4.3. The Service Provider shall not be held responsible for any problems resulting from the use of devices or operating systems that do not meet the requirements described in this point 4, in particular for any malfunctioning of the Application caused by this.

4.4. The Service Provider shall make every effort to ensure that access to the Application and all its functionalities is available 24 hours a day, 7 days a week, which does not exclude the Service Provider’s right to order a Technical Break and temporarily limit or disable all or part of the above access.

4.5. If a Technical Breakdown needs to be organized, the Service Provider shall inform about the expected date and duration of the Technical Breakdown in a message displayed directly in the Application.

4.6. A Technical Break may be automatically scheduled without notification in the Application in the event that it is necessitated by a change or update to the system software of the Mobile Device manufacturer.

4.7. The Service Provider may, at its sole discretion, make updates or new versions of the Application available in the future. Updates or new versions of the Application, if any, may not include all current or new features that the Service Provider makes available in older versions or other models of Mobile Devices.

5. Personal Data

5.1. The Personal Data Controller is the Service Provider, i.e. Media Friends Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw at Aleje Jerozolimskie 155/U3, 02-326 Warsaw, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000730783, NIP: 5291821424. Warsaw, 12th Commercial Division of the National Court Register, under KRS number: 0000730783, NIP: 5291821424, share capital: 10,000.00 PLN, (hereinafter also referred to as the “Administrator”). For more information, including your rights, please refer to the Privacy Policy at: https://biohealer.pl/polityka-prywatnosci.

6. License

6.1. As soon as the User downloads the Application, the Service Provider grants the User a license to use the Application in accordance with its intended purpose, including the right to reproduce it only to the extent that reproduction is necessary for the launch, operation and storage of the Application in the Device’s memory. The terms of this License apply to all updates or new versions of the software provided by the Service Provider, unless a separate license is included with the new version or update, to which the User agrees to be bound.

6.2. The content offered via the app is protected by copyright. The app makes this available exclusively for the user’s own, non-commercial purposes. Any other use is excluded and requires the prior written consent of the service provider. In particular, the content may not be changed, copied, republished, transmitted, distributed or stored without the Service Provider’s consent.

6.3 The license referred to in point 6.1 above does not authorize the User to grant further licenses, moreover, the User has no right – in whole or in part – to reproduce (except in the case specified in point 6.1 above), distribute, sell or otherwise market or disseminate, modify, reverse engineer, decompile, disassemble or use any other method to determine the source code of the application or parts thereof and create derivative works of the Application, including uploading or making it available on the Internet, computer networks, mobile application distribution systems and any other ICT systems.

6.4. The license expires when the application is deleted from the mobile device.

7. Liability of the service provider

7.1. The service provider undertakes to ensure the highest possible quality of services provided via the application.

7.2. The Service Provider shall not be liable for the Users’ temporary inability to use the Application caused by a Technical Break, as well as for any damages resulting from the Technical Break.

7.3 Force Majeure shall not constitute non-performance or improper performance of the Service, provided that it is demonstrated by the party invoking it.

7.4 The Service Provider shall not be liable for the inoperability or improper operability of the Application on a device that does not meet the technical requirements referred to in point 4 of the Terms and Conditions.

7.5. The service provider shall not be liable for non-performance or improper performance of services by manufacturers of mobile devices with which the User has concluded contracts, in particular with regard to Internet connection, BLUETOOTH communication and other services necessary for the proper functioning of the Mobile Application.

7.6. The service provider shall not be liable for the malfunction of the operating systems required to run the application in accordance with clause 4 of the terms and conditions, or of any software other than the application installed on or downloaded to the device.

7.7. The service provider shall not be liable for damages caused by errors, delays or interruptions in transmission, malfunction of the mobile device and services, incorrect or incomplete data, viruses or otherwise during the use of the application, unless they result from willful or gross negligence on the part of the service provider.

8. Complaints

8.1. Any complaints regarding the operation of the Application may be submitted by the User in electronic form to https://biohealer.pl/kontakt/zloz-reklamacje.

8.2. The complaint should include the name, surname, e-mail address for correspondence with the User and a description of the case.

8.3. Complaints shall be considered by the Service Provider within 30 (thirty) days from the date of their receipt. On the day of receipt of the complaint, the Service Provider shall confirm its receipt to the User in a return e-mail.

8.4. The User will be notified of the complaint handling method via e-mail to the e-mail address from which the complaint was sent.

9. Final provisions

9.1. The contract is terminated:

  • when the Application is removed from the Mobile Device,
  • at the initiative of the Service Provider in the cases specified in the Terms and Conditions,
  • when the Service Provider discontinues the App or ceases its business activities in the provision of Services.

9.2. The current Terms & Conditions are available on the website https://biohealer.pl/regulaminy in the form of a PDF file and in text form in the App, thus the User can retrieve, reproduce and save the content of the Terms & Conditions via the internet on a device that supports this network.

9.3. The Service Provider shall inform the User of any changes to the Terms and Conditions by email, via the Application, and may also inform the User of any changes to the Terms and Conditions by sending a notification of the change to the User’s email address, if such an address has been provided to the Service Provider via the Application, website or by other means. Further use of the Application requires acceptance of the changes to the Terms and Conditions.

9.4. All rights to the Application, including the source code, content, graphics used, layout of the Application’s content and other elements related to the Application belong to the Service Provider or entities with capital ties to the Service Provider, thus they constitute copyrights, and it is prohibited to undertake any actions that violate these rights.

9.5. In matters not covered by these Terms and Conditions, the provisions of generally applicable law shall apply.

9.6. These Terms and Conditions shall enter into force on March 11, 2024.