REGULATIONS

FIXME MOBILE

These Regulations (Regulations) set out the principles for the use of the "FIXME MOBILE" mobile application owned by sp. z.o.o. with registered office in Lublin (Poland),

FIXME MOBILE enables you to find out about third-party offers for the purchase of Rehab Services - making online appointments and/or in-person visits under the supervision of a Rehabilitator of your choice.
FIXME MOBILE provides the functionality with which you can easily and conveniently search for, select parameters and appointments and then purchase the services currently offered by third parties (Rehabilitators) in the field of Rehab Services.
FIXME MOBILE enables patients to make online and in-person appointments with rehabilitation specialists (e.g. physiotherapists) and perform individual rehabilitation training and also preventive rehabilitation training.
FIXME MOBILE enables rehabilitation therapists to receive patients for online and in-person appointments, to create individualised rehabilitation training for patients.
ATTENTION!!! Before using the Rehab Service within FIXME MOBILE, you must be aware of your condition. The reason for this is that the consequence of a visit to a Rehabilitator may be the creation of individual rehabilitation training. It is recommended that you consult your health condition with your doctor before using the Rehab Service in order to exclude contraindications to the assigned rehabilitation training.
NOTE!!! If you have any concerns or questions about your health, you should always consult your doctor, GP or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health-related advice. Use of the information provided through FIXME MOBILE is entirely at your own risk.
Attention!!! By accepting the terms and conditions of FIXME MOBILE with the intention of using FIXME MOBILE and the Rehab Service, the Patient acknowledges that:

No doctor or GP has ever advised the Patient that they have a heart problem or that they should only perform physical activities recommended by their doctor or GP;
He never experienced chest pain when undertaking physical activity;
You have not experienced chest pain during physical inactivity anytime in the last month;
You have never lost your balance due to dizziness and you have never lost consciousness;
You do not have bone or joint problems that could be worsened by a change in physical activity;
Your doctor or GP is not currently prescribing medication for blood pressure or heart disease;
You have no history of hypertension and no one in your immediate family has a history of hypertension or heart problems;
You don't know any other reason why you shouldn't do the exercise;

doctor or GP has been specifically consulted by the Patient and has agreed to the Patient's use of the Rehab Services.

§ 1
DEFINITIONS

Price of the Rehab Service - the total price that the Patient is obliged to pay to the selected Rehabilitator for the selected and purchased Rehab Service, and the conclusion of the contract with the selected Rehabilitator, plus the payment operator's commission;
Fixme sp. z.o.o. - a commercial company under the name of Fixme sp. z.o.o. registered in the Register of Entrepreneurs of the National Court Register at the District Court for Lublin East in Lublin under the KRS number: 0001118898, whose ownership includes the FIXME MOBILE software.whose property is FIXME MOBILE software.
Consumer - an individual performing activities at FIXME MOBILE which are not directly related to his/her economic or professional activity - pursuant to Article 22(1) of the Civil Code;
Patient Account - the functionality of the FIXME MOBILE app which, following prior registration in the FIXME MOBILE app by the person interested in acquiring Rehab Services, enables the use of the current functionality of the FIXME MOBILE app as a Patient;
Rehabilitator Account - the functionality of the FIXME MOBILE application which, following prior registration in the FIXME MOBILE application by the person interested in offering Rehab Services, enables the use of the current functionality of the FIXME MOBILE application as a Rehabilitator;
FIXME MOBILE - software adapted to be stored on Mobile Devices (as well as on desktop devices for access by Rehabilitators), which is a tool dedicated to the provision of the FIXME Services, by means of which the Patient/Rehabilitator can use the Rehab/Services of FIXME MOBILE under the terms and conditions described in the Terms and Conditions;
Offer - a proposal for a paid visit offer (online/physical) addressed to the FIXME MOBILE Patient concerning the Rehab Service on terms and conditions determined by the Rehabilitator in each case, which is made available using the FIXME MOBILE functionality;
Commission - the fee charged by the payment operator's system for processing the purchase transaction of the Rehab Service between the Patient and the Rehabilitator.
Terms and Conditions - these Terms and Conditions of FIXME MOBILE.
Force majeure - any extraordinary external event that cannot be reasonably resisted or prevented, in particular such as wars, floods, fires, natural disasters, volcanic eruptions, terrorist attacks, strikes, lockouts, bankruptcy of service providers, as well as successful hacking attacks on the Internet or computer viruses preventing the proper provision of
Subscription - Subscription is understood to mean a paid access service (at the price indicated in the Price List) to the full functionality of FIXME MOBILE (at the intervals specified in FIXME MOBILE, e.g. 1 month), available exclusively to Rehabilitation Professionals, ensuring, amongst other things, the offering of Rehab Services to Patients;
Content - all content published or made available on FIXME MOBILE by the Patient/Rehabilitator (also through external operators e.g. Vimeo), in any form, in particular audiovisual, textual, graphic, photographic and audio content, regardless of whether it constitutes works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights;
Rehabilitation practitioner - natural persons who are at least 18 years of age and have full legal capacity, and who are professionally qualified as rehabilitation practitioners, physiotherapists, paediatric physiotherapists, osteopaths, orthopaedists, rheumatologists, massage technicians, medical rehabilitation practitioner or sports doctor in accordance with the provisions of generally applicable law and subject to the rules provided for them, who, after registering with FIXME MOBILE and sending the relevant documents confirming their professional entitlement to Fixme sp. z.o.o., are given the opportunity to prepare and submit an Offer for Rehab Services within the FIXME MOBILE application. Insofar as national regulations provide for the attainment of the age of majority or limited legal capacity at a different age, national regulations shall apply in this respect;
Mobile Device - a portable electronic device that allows data to be processed, received and sent without maintaining a wired connection to the Internet, e.g. a smartphone (Mobile Device);
FIXME MOBILE SERVICES - the entirety of the actual activities performed within the FIXME functionality, the purpose of which is to enable the Rehabilitation Professional to offer Rehab Services and the Patient to purchase Rehab Services offered by Rehabilitators.
Rehab Service - offers offered on FIXME MOBILE by Rehabilitators for the provision of services offered by Rehabilitators, i.e. the purchase of appointments (online/stationary at the Rehabilitator's office) and possibly including training plans for the Patient as required). The Rehab services are offered as part of the FIXME MOBILE functionality, which can be purchased by the Patient by placing an Order and paying the price using FIXME MOBILE;
Patient - natural persons who are at least 18 years of age and have full legal capacity, in accordance with the provisions of generally applicable law and subject to the rules provided for them. Where national legislation provides for the attainment of full or limited legal capacity at a different age, the national legislation shall apply to that extent;
Order - a statement made by the Patient via FIXME MOBILE concerning the acceptance of the Rehab Service Offer made available by Rehabilitators within FIXME MOBILE;
Order Confirmation - information sent to the email address registered with FIXME MOBILE to the Patient indicating the details and parameters of the Rehab Service ordered by the Patient.

§ 2
GENERAL PROVISIONS

The Terms and Conditions set out the rules for the provision of services through the FIXME MOBILE application, which consist of:

on the creation of a Patient account and enabling the use of certain FIXME MOBILE functionalities;
on the creation of the Rehabilitator's account and enabling the use of certain FIXME MOBILE functionalities;
on enabling Rehabilitators to purchase Subscriptions and gain access to submit Offers for Rehab Services;
on enabling the Patient to take factual action to accept the Offer and to contract with Rehabilitators for Rehab Services by placing an Order,
use the other functionalities of FIXME MOBILE.

FIXME MOBILE places Rehabilitation offers for Rehab Services offered by Rehabilitators. FIXME MOBILE enables the Patient to purchase these Rehab Services.
Offers from Rehabilitators placed on FIXME MOBILE do not constitute an offer by Fixme sp. z.o.o. to provide the services indicated therein within the meaning of the Civil Code (except where expressly indicated as a service of Fixme sp. z.o.o.). Fixme sp. z.o.o. does not provide Rehab Services unless this is made clear in the Offer by indicating that the relevant Offer is made by Fixme sp. z.o.o..
Fixme sp. z.o.o. is not in a position to verify the offers of Rehabilitators presented. If the Patient has any doubts about the Rehabilitator's Offer, the Patient should contact Fixme sp. z.o.o. immediately.
If there is any doubt about a posted Rehabilitation Offer, the Patient should refrain from purchasing the relevant Rehab Service. The Patient should immediately report comments to Fixme sp. z.o.o.. Fixme sp. z.o.o. recommends that only Rehab Services be purchased from Rehabilitators who are qualified.
Fixme sp. z.o.o. has no influence whatsoever on the setting or control of the prices of the Rehab Services presented in FIXME MOBILE. The above does not apply to possible restrictions on the setting of minimum/maximum prices by payment system operators. In situations where payment system operators impose relevant restrictions on the minimum/maximum price, the Rehabilitator is obliged to comply with these restrictions.
ATTENTION!!! Fixme sp. z.o.o. informs you that any agreement concerning the Rehab Service offered by a Rehabilitator selected by the Patient is concluded by the Patient with that Rehabilitator. Fixme sp. z.o.o.’s action is reduced to sending, via FIXME MOBILE, to the Rehabilitator concerned a statement from the Patient about his/her wish to use the Rehab Services. Fixme sp. z.o.o. is never a party to such a contract.
All contracts concluded with Rehabilitators offering Rehab Services based on FIXME MOBILE are concluded and executed on the basis of the specific terms and conditions of the respective Offer based on the functionality of FIXME MOBILE.
FIXME MOBILE provides the Patient each time with the details of the Rehabilitator and the specific terms and conditions of the purchased Rehab Service. The terms and conditions of the Rehab Service are communicated to the Patient during the purchase of the respective Rehab Service and are each time available in the FIXME Patient Panel.
By virtue of enabling the sale of Rehab Services within FIXME MOBILE, the Rehabilitator is obliged to pay Fixme sp. z.o.o. a Fee for the respective FIXME MOBILE access purchase period (Subscription).
The use of FIXME MOBILE by the Patient/Rehabilitator requires that the Patient/Rehabilitator first accepts the terms and conditions of these Terms and Conditions and commits to abide by them. Acceptance takes place when the Application is launched.
Any change to the Terms and Conditions for the use of FIXME MOBILE will be made under the conditions indicated in these Terms and Conditions.
By accepting the Terms and Conditions, the FIXME MOBILE Patient/Rehabilitator enters into an agreement with Fixme sp. z.o.o. for the provision of services by electronic means (using FIXME) for an indefinite period of time and to the extent under the terms and conditions set out in the Terms and Conditions and agrees to the storage of the following data on his/her device:

information concerning acceptance of the Terms and Conditions and consent to the processing of personal data for the purpose of carrying out the services by FIXME;
Patient data, e.g. (name and surname, e-mail address, date of birth, individual data provided by the patient, data concerning his or her health - with prior additional consent for the processing of such data);
the Rehabilitator's data (name, e-mail address, date of birth, professional address).

If you do not accept the Terms and Conditions, you will not be able to use FIXME MOBILE to its full extent.

§ 3. INSTALLATION OF FIXME MOBILE

FIXME MOBILE is available for download via the Google Play online shop (for Android deviceś) and the App Store (for Apple deviceś with IOS).
The use of FIXME MOBILE is possible on devices running operating systems not lower than Android 5.0 and newer and iOS version 12.4 and newer. For the correct and fully functional operation of FIXME MOBILE, a stable internet connection is required.
In order to install the Application, it must be downloaded from one of the aforementioned online shops (in Google Play, or the App Store).
The use of the Application is free of charge. The Patient/Rehabilitator may incur costs for the connection of FIXME MOBILE to the Internet according to the tariff of his/her mobile operator.
Fixme sp. z.o.o. reserves the right to introduce updates to FIXME MOBILE. The latest version of FIXME MOBILE will be posted on the online application shop specific to the operating system of the Mobile Device. The full functionality of FIXME MOBILE will be available in the latest version of FIXME MOBILE and, in view of the above, the Patient/Rehabilitator accepts that the lack of an up-to-date version of FIXME MOBILE may not provide the full functionality and guarantee all the features that FIXME MOBILE provides.
By downloading FIXME MOBILE, you agree to download and install available software updates.
NOTE: Rehabilitators have the possibility to log in to FIXME MOBILE on desktop devices (computers). This functionality is possible by accessing the website at: fixmeapp.pl and logging into the previously created Rehabilitator Account. The functionality of FIXME MOBILE is the same for the mobile application as for the desktop version. The prerequisite for access to the desktop version is the registration of an account via the mobile version of FIXME MOBILE.

§ 4 REGISTRATION AND LOGGING

For the full functionality of FIXME MOBILE including the offering of Rehab Services as a Rehabilitator or the purchase of Rehab Services as a Patient, full registration with FIXME MOBILE is required. In the case of a Rehabilitator, the prerequisite to start posting Offers is the purchase of a Subscription to FIXME MOBILE. The subscription is purchased via Google Play (Google Pay) and the App Store (Apple Pay). Payment takes place under the terms and conditions of these operators.
Registration in the FIXME MOBILE application enables the creation of a Patient/Rehabilitator account, which is a prerequisite for the full functionality of the services offered by the FIXME application. The functionality of FIXME MOBILE prevents the creation of a Patient account and a Rehabilitator account with the same email address.
Registration in the FIXME MOBILE application implies the conclusion of a Contract for the provision of Patient/Rehabilitation account services.
The registration process takes place in two stages. The extent of the data to be indicated depends on whether the registration is for a Patient or a Rehabilitator.
At the first stage of registration, the Patient/Rehabilitator is asked to provide:

e-mail address;
password;
acceptance of the Terms and Conditions and Privacy Policy;
consent to the processing of personal data.

and then, after providing the above-mentioned data, the Patient/Rehabilitator is obliged to click on the "Register" button. After correct provision of the above-mentioned data, an activation link is sent to the email address provided by the Patient. After activating the link, the Patient/Rehabilitator is obliged to fill in additional data, the scope of which depends on the type of the Patient's/Rehabilitator's account. (NOTE: If the Patient/Rehabilitator does not complete the data in the second step of registration within 30 days from the date of registration in the first step, the Patient's/Rehabilitator's data are deleted from the FIXME MOBILE system).

When registering a Patient account, the Patient in the second step should provide:

name
gender;
date of birth;
application language,
account type,
consent to the processing of personal data (including health data).

When registering a Rehabilitator account , the Rehabilitator should complete the following data (the above is necessary for the provision of Rehab Services):

choose a specialisation from those available (physiotherapist, paediatric physiotherapist, osteopath, orthopaedic surgeon, rheumatologist, medical rehabilitation doctor, sports doctor, massage therapist) and send documents confirming the Rehabilitator's eligibility to practise - e.g. a scan of a diploma (this requirement applies only if the Rehabilitator is interested in gaining full access to FIXME MOBILE and obtaining the option to offer Rehab Services);
professional entitlement number;
purchase a Subscription to FIXME MOBILE (this requirement applies if the Rehabilitator is interested in obtaining full accessibility to FIXME MOBILE and in obtaining the option to offer Rehab Services).

ATTENTION !!! in order to obtain full functionality by the Rehabilitator including the offering of Rehab services, the Rehabilitator is obliged to purchase the FIXME MOBILE Subscription and to complete the necessary data indicated in paragraph 7 above.
NOTE!!! In order to be able to receive online payments for Rehab Services, the Rehabilitator/Patient is required to set up a Stripe account (payment provider).
Evidence of entitlement to practise the speciality may be:

as to the profession of Physiotherapist - Physiotherapist Licence to practice or information about entry into the National Register of Physiotherapists
as regards Paediatric Physiotherapist - licence to practise as a physiotherapist or information about entry in the National Register of Physiotherapists and a diploma or certificate confirming completion of postgraduate studies / course (min. 100h) in paediatric physiotherapy (NDT Bobath, Vojta, PNF, FITS, FED);
as regards the Osteopathic profession, a higher education diploma in physiotherapy in the EU or a professional practice licence number/diploma certifying that a doctor has obtained a professional title and a Diploma in Osteopathic Studies (min. 4 years) and a Diploma certifying that a clinical examination has been passed
as regards the Orthopaedic Surgeon, a current number of the right to practise in Poland and an entry in the register of the Supreme Chamber of Physicians and Dentists or a Diploma of Specialisation issued by the Centre for Medical Examinations;
as to the Rheumatologist - Current licence to practice in Poland
and an entry in the register of the Supreme Chamber of Physicians and Dentists or a Diploma of the title of specialist issued by the Centre for Medical Examinations.
as regards the doctor of medical rehabilitation, a current number of the licence to practise in Poland and an entry in the register of the Supreme Chamber of Physicians and Dentists OR a diploma of specialist title issued by the Centre for Medical Examinations
as regards the Sports Doctor, a current number of the right to practise his/her profession in Poland and an entry in the register of the Supreme Chamber of Physicians and Dentists or a Diploma of Specialisation issued by the Centre for Medical Examinations;
as regards Masseur Technician - Diploma confirming commencement, after 31 August 2019, of a technical school or a post-secondary public or non-public school with the specialisation of masseur technician and obtaining the professional title of masseur technician or a Scan of the document: Diploma confirming commencement, before 1 September 2019, of a technical school or a post-secondary public or non-public school with the rights of a public school and obtaining a professional title of massage therapist or a diploma confirming professional qualifications in the profession of massage therapist. A scan of the document confirming your entry in the Central Register of Persons Authorised to Practise the Medical Profession (you do not need to send it now, you must send it by 26 March 2025 unless you became authorised after 26 March 2024. - then you must upload it). NOTE ! Please note: As a massage therapist technician, enter your registration number in the Central Register of Persons Authorised to Practice the Medical Profession - if you have one. If you do not yet have this number - enter "000".

In the case of Rehabilitation Workers who have obtained the professional qualification to provide Rehab Services in a country other than Poland, each time at the registration stage the Rehabilitation Worker is obliged to provide scans of documents confirming the obtaining of the relevant qualification according to the law applicable to the place of its obtaining.
Fixme sp. z.o.o. is entitled to refuse to set up the Rehabilitator's account and to refuse to provide the full functionality of FIXME in any case of doubt as to the authenticity and veracity of the data and documents provided by the Rehabilitator.
By registering with FIXME MOBILE, the Patient/Rehabilitator declares, under pain of criminal liability, the veracity of the data provided and the documents sent.
The agreement on the provision of the Patient/Rehabilitator account services with regard to the establishment and use of the Patient/Rehabilitator account is concluded at the moment of activation of the Patient/Rehabilitator account, which takes place after clicking on the activation link contained in the e-mail confirming the registration of the Patient/Rehabilitator account. The Patient's Account service is provided free of charge for an indefinite period of time.
The Patient/Rehabilitator may terminate the Agreement for the provision of the Patient/Rehabilitator account at any time, without stating a reason and without incurring costs, by sending the Fixme sp. z.o.o. via e-mail to: kontakt@fixmeapp.pl a request to delete the Patient/Rehabilitator Account. The Patient has the possibility to delete the account by sending a relevant instruction via the contact form.
In the case of a Rehabilitator who has pre-registered, entered Offers for its Services and sold a Rehab Service, the termination of the Rehabilitator Account Service Agreement may take place no sooner than after the completion/performance of all Rehab Services purchased by Patients.
The information provided in the registration form should be truthful and up-to-date.
Login to FIXME MOBILE takes place:

in the classic manner, i.e. directly from the FIXME MOBILE application by entering your login and password,
using Google and Facebook accounts and
using your Apple account.

FIXME MOBILE provides the functionality to log in to FIXME MOBILE via automated solutions, the Patient's/Rehabilitator's mobile device once this function has been activated (the biometric data is on the device and is not shared with FIXME MOBILE). The use of automated solutions, in particular log-in triggering software, is at the risk of the Patient/Rehabilitator using such software.
FIXME MOBILE allows you to restore and change your password via an activation link sent to your registered email address. The procedure for changing the password is indicated each time in the password change link sent.
Registration is made on a one-off basis.
Fixme sp. z.o.o. retains the right to delete the Patient/Rehabilitator's account with FIXME MOBILE, in the event that the Patient/Rehabilitator has not been active in any way within a period of 12 months from the date of registration.
Complaints regarding the provision of Patient/Rehabilitation account services may be made in accordance with the provisions of the Regulations.
In particular, the Patient/Rehabilitator is obliged to:

keep confidential the login and password to his/her Patient's / Rehabilitator's account within the limits of the commonly binding provisions of law. The Patient is responsible for all activities connected with the use of the login and password to a given Patient's Account, whereas the password is confidential information for the sole information of the Client;
to use FIXME MOBILE in a manner that does not cause interference with the functioning of FIXME, in particular through the use of specific software or devices;
use of a Patient's Account in a manner that is consistent with the laws in force in the Republic of Poland, with the provisions of these Terms and Conditions and with customary practice;
to use FIXME MOBILE in a manner that is not disruptive to other Patients/Rehabilitators, respecting their personal rights (including their right to privacy) and other rights to which they are entitled;
to use any content posted on FIXME MOBILE for your own personal use only.

In the event of a breach by the Patient/Rehabilitator of the provisions referred to in paragraph 24 above, the Fixme sp. z.o.o. may terminate the FIXME MOBILE Service Agreement with 14 days' notice. The Fixme sp. z.o.o. may give the Patient/Rehabilitator notice of termination of the FIXME MOBILE Service Agreement via e-mail to the e-mail address currently registered with FIXME MOBILE.
There is a prohibition on the transfer of rights to the Patient/Rehabilitation Account. The disposal of rights to a FIXME MOBILE Patient Account requires the consent of the Fixme sp. z.o.o.

§ 5

FIXME MOBILE FUNCTIONALITIES

ATTENTION ! REHABILITATION STAFF HAVE ADDITIONAL ACCESS TO FIXME MOBILE IN THE DESKTOP VERSION. THE FUNCTIONALITY OF THE MOBILE APPLICATION IS ANALOGOUS TO THE DESKTOP VERSION

The functionality of FIXME MOBILE depends on whether you register as a Patient or as a Rehabilitator. In the case of registration as a Patient, FIXME MOBILE offers different functionalities than in the case of a Rehabilitator. This is due to the nature of the activities performed as a Rehabilitator and as a Patient.

Functionality of FIXME MOBILE for Rehabilitation Professionals (free of charge version)

After registering (while not paying for a Subscription) with FIXME MOBILE as a Rehabilitator, the Rehabilitator gains access to the following FIXME MOBILE functionalities:

access to the profile configurator (including setting up billing, subscriptions, verification, etc.).
access to a library of workouts and exercises with the ability to create workouts based on exercises from the app's database or your own workouts, and can modify workouts from the app's database;
access to view details of created and commissioned workouts (including viewing information on workout problems reported by patients);
access to the appointments and availability calendar, with visit history and details of each visit (including information from questionnaires completed by patients);
access to sales history (and earnings statistics);
access to the Patients list with message exchange (with patients) and notifications;
access to the profiles and detailed statistics of their patients' exercise performance;
access to a helpdesk with the possibility to contact system administrators via a contact form;
access to your own and your patients' medical records;
access to the evaluations received from patients;
malpractice reporting screens (e.g. on the Patient profile, when an assessment is given);
access to the Privacy Policy and the Terms and Conditions of FIXME MOBILE;
access to the online visit screen;
access to FIXME MOBILE settings;
access to the FIXME MOBILE forum. The forum allows: creating topic threads (topic and content) and viewing threads created by other rehabilitators, posting replies to threads, attaching files to both threads and replies posted in threads . The forum publicly displays the Name and avatar of the person creating a thread or posting a reply to a thread. The dates of publication of threads and replies to threads are also visible.

FIXME MOBILE Functionality for Rehabilitation Professionals (SUBSCRIBED version)

IN THE CASE OF PURCHASE OF PAID ACCESS TO FIXME MOBILE (FIXME MOBILE SUBSCRIPTION), IN ADDITION TO THE FUNCTIONALITIES INDICATED ABOVE IN PAR. 3 a-b, the Rehabilitation Professional additionally has access to: the sale of Rehab Services, including online/offline appointments with Patients, i.e. at the Rehabilitation Professional's practice; and the ability to use the FIXME MOBILE invitation function. In addition to this, the Rehabilitator is given the option to set the hours of availability of his/her services in the public search engine of FIXME Rehabilitators, which enables Patients to purchase services.

NOTE !!! For the avoidance of any doubt, only the purchase of the Subscription by the Rehabilitator gives the possibility to sell the Rehab Services.

Functionality for Patients

After registering with FIXME MOBILE as a Patient, the Patient gains access to the full functionality of FIXME MOBILE, which includes access to:

access to the Profile configurator, which allows you to set up basic account information (name, surname, date of birth), enter weight and height, select languages in which the patient communicates, add a profile photo;
access to publicly available material or made available on other terms, e.g. purchase;
access to the training library, where the following are available:

exercises prescribed by the Rehabilitator;
free public film material;

access to the patient's visual achievements in terms of the progress of the prescribed exercises;
access to a calendar indicating scheduled appointments with Rehabilitators and exercises recommended by the Rehabilitator;
access to purchase history;
access to the list of Rehabilitators the Patient is using (history of messages with Rehabilitators);
Access to the profiles of Rehabilitators registered with FIXME MOBILE (with access to their information);
access to the possibility of rating Rehabilitation Practitioners (only applies to those whose services you have used);
access to statistics on the performance of exercises prescribed by the Rehabilitators (and details of the exercises assigned to the Patient);
access to the contact form for the administrator of FIXME MOBILE;
access to medical record creation functionality (own and provided by the Rehabilitator);
access to the functionality of sharing medical records created by the Patient with the selected Rehabilitator;
access to the current privacy policy and the Terms and Conditions of FIXME MOBILE;
FIXME MOBILE settings.

The FIXME MOBILE interface supports 8 languages: Polish, Norwegian, English, French, German, Italian, Spanish and Russian. The offered language support options are dynamic, which means that the Patient/Rehabilitator can change the language of the FIXME MOBILE interface at any time and choose another language from those available.
Access to FIXME MOBILE may be blocked in the event of a breach of these Terms and Conditions and of legal provisions, but in particular in cases where the Patient/Rehabilitator:

determination of the inaccuracy of the data provided by the Rehabilitator;
posts Content that does not comply with these Terms and Conditions, the law or good morals;
incomplete or false contact details are provided by the Patient/Rehabilitators in the FIXME MOBILE account settings;
Disposal of rights to FIXME MOBILE by the Patient/Rehabilitator without the consent of Fixme sp. z.o.o.,
making FIXME MOBILE available to others by the Patient/Rehabilitator;
Violation by the Rehabilitator of the rules concerning the issuing of Offers;
a breach of the rules on grading by the Patient/Rehabilitation Professional;
registration of multiple accounts on FIXME MOBILE;
sending spam messages to other Patients/Rehabilitation Workers;
making purchases other than for the purpose of finalising a concluded Contract,
share the personal data of other Patients/Rehabilitators without the consent of authorised persons;
uses FIXME MOBILE and the Content posted on FIXME MOBILE for purposes which are not in accordance with their intended use or to the detriment of third parties;
impedes other Patients/Rehabilitators' use of FIXME MOBILE, including by interfering with individual elements of FIXME MOBILE or the IT environment in which the Content is hosted;
takes steps to read the passwords to other Patients'/Rehabilitators' accounts, including attempts to illegally guess those passwords;
uploads to FIXME MOBILE or the IT environment in which the Content is located (scripts, programs or files) that may interfere with the functioning of FIXME MOBILE or the IT environment in which the Content is located;
uses solutions (including devices or software) that enable the use of VOD Services in an unauthorised manner (in particular - not under the Contract);
is in breach of the Rules of Procedure - after the Fixme sp. z.o.o. has addressed a call to this effect to him/her and after the expiry of the time limit set for the violation to cease.

7. The blocking of access to FIXME MOBILE by the Patient/Rehabilitator shall result in the suspension of access to FIXME MOBILE and shall be grounds for termination of the FIXME MOBILE Access Agreement with immediate effect.

Fixme sp. z.o.o. will notify the Patient/Rehabilitator of the blocking of access to FIXME MOBILE by e-mail, indicating the reasons for the blocking. The Patient/Rehabilitator may appeal against this decision of the Fixme sp. z.o.o. in accordance with the provision of the Regulations on complaints § 16-17.
The Patient/Rehabilitator is fully responsible for his/her actions and omissions in connection with the use of FIXME MOBILE, in particular he/she may be liable for damages to Fixme sp. z.o.o. and other Patients/Rehabilitators.
If full access to FIXME MOBILE is blocked, the Patient/Rehabilitator is logged out of FIXME MOBILE without the possibility of logging back in to FIXME MOBILE without the consent of the Fixme sp. z.o.o.. If access to FIXME MOBILE is partially blocked, the Patient/Rehabilitator retains access to parts of the unblocked FIXME MOBILE functionalities. The offers of the Rehabilitator issued under the suspended account of the Rehabilitator shall be suspended and shall not be displayed in FIXME MOBILE until the complaint procedure in this respect has been resolved.
A Patient/Rehabilitator whose access to FIXME MOBILE has been blocked cannot make a new registration in FIXME MOBILE without the prior consent of the Fixme sp. z.o.o..
Provisions 6-11 above shall apply mutatis mutandis in the case of paid access to FIXME MOBILE by the Rehabilitator (Subscription).
Fixme sp. z.o.o. is entitled to conduct tests of new services and new functionalities of FIXME MOBILE. Such work may affect the use of FIXME MOBILE, including the way the Offers are displayed. Tests may only be carried out for the time and to the extent necessary and proportionate to achieve the purpose of the test. Testing is carried out for the sole purpose of developing FIXME MOBILE, to adapt to market changes, to adapt to changes in legislation or to improve the services provided and to improve the quality and functionality of FIXME MOBILE.
Notwithstanding para. 13 above, registration on FIXME MOBILE and acceptance of the provisions of the Terms and Conditions entitles FIXME MOBILE to send the Rehabilitator/Patient information on the functionalities (instructions for use) of FIXME MOBILE to the registered email address and information (instructions for use) on new functionalities if they are introduced. In the event that the Rehabilitator/Patient is not interested in the functionality, he/she should make a corresponding request to FIXME MOBILE.

§6

REHABILITATION OFFERS

PLEASE NOTE: In order to use the full functionality of FIXME MOBILE, i.e. the possibility of offering Rehab Services, it is necessary for the Rehabilitation Professional to purchase access to FIXME MOBILE.

FIXME MOBILE includes a dedicated form for the creation and posting of Rehabilitator Offers from among those offered within FIXME MOBILE. It is not possible to post Rehabilitator Offers without being able to use the dedicated FIXME MOBILE form.
The Rehabilitator draws up an Offer based on the dedicated FIXME MOBILE form by selecting:

Rehab service from the list of available services in the application;
the expected duration of the Rehab Service (this is displayed and taken into account by the Patient when signing up for an appointment);
price Rehab services;
Type of Rehab Service (inpatient/online);
set your hours of availability for Rehab Services in the FIXME MOBILE calendar with a breakdown of which mode of service is offered at which times (stationary, online or stationary and online at the same time).

NOTE!!! Patients through FIXME MOBILE can sign up to publicly visible Rehabilitators (with a Subscription), for selected Rehab Services offered by selected Rehabilitators. Depending on the type of service selected, this may be an online visit (which takes place via video chat in the app) or an in-person visit (which takes place at the address indicated, which is provided in the Rehabilitator's profile). The consequence of a visit may be the creation of an individual rehabilitation workout by the Rehabilitator and its assignment to the Patient, but this is not a requirement (as the Patient may not require a workout rehabilitation or the Rehabilitator prefers to use other methods or to order the workout in a different way without using the FIXME MOBILE functionality).

NOTE!!! The information contained in the contents of the Offer can only relate to the Rehab Services offered by the Rehabilitator.

As soon as the Offerings (in particular information, data, footage) are entered into FIXME MOBILE, Fixme sp. z.o.o. acquires the right to use this Content, in the manner and under the conditions specified in the copyright section of § 9 of the Terms and Conditions, in particular to use it in any way, at any time, at its own discretion.
The rehabilitator authorises the Fixme sp. z.o.o. to:

the use of the Offer as indicated in the Terms and Conditions (copyright section);
to translate the Offer and its elements (including through automatic text translation software) into other languages and to display it in other languages.

The content of the Offer shall be fair and complete and shall not mislead other Patients, in particular as to the details of the Rehab Service.
The description of the Offer may not contain any content that is incompatible with applicable law.
The Rehabilitator assumes full responsibility for the content it places in the Offer, including being responsible for any errors or inaccuracies in the Offer.
NOTE !!! The Rehabilitator bears full responsibility for any consequences of improper recommendations, exercises recommended to the Patient under FIXME MOBILE. The Patient is responsible for the consequences of withheld information concerning his/her condition.
With the entry of the Offer into FIXME MOBILE, the Rehabilitator declares that it is entitled and has the capacity to conclude and perform a contract with the Patient.
Once the Offer has been entered into FIXME MOBILE, the Rehabilitator may not effectively amend its contents with respect to Patients with whom it has contracted for the offered Rehab Services under the Offer already purchased.
In the event that the Rehabilitator's Offer violates the provisions of the Regulations or the provisions of generally applicable law, Fixme sp. z.o.o. may:

terminate prematurely the issued Offer or delete the Offer - with the proviso that the agreements hitherto concluded under it between the Patient and the Rehabilitator shall remain valid,
refuse to publish the Offer.

11 NOTE. The Rehabilitator is obliged to create Offers for Rehab Services, exclusively within the scope of his/her specialities, competence, education and experience. The Rehabilitator takes full responsibility for the results of the Rehab Services provided.

Attention: It is strictly forbidden to publish Content for which the Rehabilitator does not hold the relevant copyrights and image rights of the persons recorded on such materials. The Rehabilitator bears full legal responsibility for the consequences of unauthorised posting of videos infringing the rights of third parties. In each case of uploading material that violates the rights of third parties or the commonly applicable laws, the matter will be reported to the competent authorities in order to initiate appropriate proceedings, including proceedings that may result in criminal liability.

FIXME MOBILE for Rehabilitation Workers who have subscribed to FIXME MOBILE allows the use of videos uploaded and marked as FIXME MOBILE materials for the creation of Content by Rehabilitation Workers, but only for the purpose of creating an offer within FIXME MOBILE. There is an absolute prohibition on the use of materials marked as FIXME MOBILE materials outside of the FIXME MOBILE application (consent by FIXME MOBILE is given under the conditions indicated in § 9 of the Terms and Conditions).

§ 7

SEARCH FOR OFFERS

The FIXME MOBILE functionality allows you to search for Rehab Offers from among those offered by Rehabilitators.
FIXME MOBILE does not offer sponsored offers.
The search for Rehab Offers and the placing of an Order by a Patient for a selected Rehab Offer will be based on the following parameters:

choice of date as soon as possible or at your own convenience with a choice of date and time),
type of visit (in-person, online),
identifying the location,
choosing the right language,
type of service,
selecting a Rehabilitation Practitioner (the Patient can filter the list of Rehabilitation Practitioners according to the previously mentioned parameters) and
selecting a date from the pool of dates available from the chosen Rehabilitator.

After defining the required parameters of interest to the Patient for the details of the Rehab Service indicated above in paragraph 3, i.e., the Patient proceeds to complete the pre-visit questionnaire (with the possibility to mark, among others, the place of injury with the 2D human model, enter the description of the injury, level of pain, existing motor dysfunctions, provide medical data, so-called medical records - i.e., data previously created in FIXME MOBILE by the Patient (which may include attachments in the form of medical documents).
The Patient has the option to pay for the Rehab Service in a manner determined by the Rehabilitation Practitioner in each case, i.e. by paying ONLINE or on-site payment. The Patient acknowledges that the purchase of the service by clicking the CONFIRM AND PAY ONLINE or CONFIRM AND PAY ON SITE button implies the obligation to pay for the Rehab Service in the manner indicated by the Patient.
The Patient purchases the Rehab Service by clicking on the CONFIRM AND PAY ONLINE or CONFIRM AND PAY ON SITE button (depending on the type of visit and the payment options set as accepted by the Rehabilitator). As soon as the button I CONFIRM AND PAY ONLINE or I CONFIRM AND PAY ON SITE is clicked and this Order is paid for (in case the payment is ONLINE), a contract for the Rehab Services is concluded between the Patient and the Rehabilitator.
For Rehabilitation offers with the same parameters, the order of display is determined by the date of joining FIXME MOBILE.

§ 8

CONCLUSION OF A CONTRACT BETWEEN THE REHABILITATOR AND THE FIXME SP. Z.O.O.,

CONCLUDING A CONTRACT (BETWEEN THE PATIENT AND THE REHABILITATOR), PURCHASING REHAB SERVICES

NOTE! FIXME MOBILE FUNCTIONALITY ALLOWS PATIENTS TO USE FIXME MOBILE FREE OF CHARGE (FREE USE MEANS THAT FIXME SP. Z.O.O. DOES NOT CHARGE PATIENTS FOR THE USE OF FIXME MOBILE).

ACCESS TO FIXME MOBILE FUNCTIONALITY FOR REHABILITATION THERAPISTS, I.E. THE POSSIBILITY OF OFFERING REHAB SERVICES REQUIRES THE PURCHASE OF FEE-BASED ACCESS TO FIXME MOBILE BY REHABILITATION PROFESSIONALS.

CONCLUSION OF A PAID AGREEMENT BETWEEN THE REHABILITATOR AND FIXME SP. Z.O.O. FOR ACCESS TO FIXME MOBILE (SUBSCRIPTION)

As part of FIXME MOBILE, the Rehabilitator retains the right to purchase a FIXME MOBILE Subscription enabling the unlocking of the full functionality of FIXME MOBILE including the option to sell Rehab Services. Once the Subscription has been purchased, the Rehabilitator WILL be publicly displayed in the list of Rehabilitators available in FIXME MOBILE and Patients will be given the option to purchase Rehab Services from the Rehabilitator in question.
Contracts for Subscriptions for periods of 1 month are renewable, each being concluded for an indefinite period with the possibility of termination by the Rehabilitator at any time effective at the end of the current billing period. The billing period is the period of the selected Subscription, i.e. one month calculated as 30 consecutive calendar days - in the case of Subscriptions for a period of 1 month.
In order to use the Subscription, the Rehabilitator should select the type of Subscription (1 month) and place the corresponding Order at FIXME MOBILE.
Payment for Subscriptions is made in advance through the payment systems available at FIXME MOBILE, which means that the Rehabilitator makes payment for the Subscription prior to the use of the Subscription purchased.
The provision of the Subscription continues from the conclusion of the Agreement until its termination as a result:

cancellation of the Subscription by the Rehabilitator (resulting in termination of the Contract) no later than 24 hours before the start of the next billing period, resulting in immediate termination of the Contract;
cancellation of Subscription by Fixme sp. z.o.o. due to violation of these Rules
non-payment for Subscriptions by the Rehabilitator;
breach of the Rules of Procedure.

The Rehab Professional has the option of cancelling any given Subscription purchased on FIXME MOBILE by clicking on the "Cancel Subscription" button in the settings of their Apple or Google account, respectively, depending on which platform the Subscription was purchased through. If you use the option to cancel your Subscription, your access to the Subscribed Rehab Services will expire on the last day of the Subscription period for which the Subscription was purchased. Upon expiry of the Subscription, the functionality of FIXME MOBILE is limited to the functionality indicated in § 5.3 a-b of the Terms and Conditions.
Fixme sp. z.o.o. is entitled to introduce additional fee-based services to those offered in the Subscription model.
Within the framework of promotional activities, FIXME MOBILE is entitled to provide Rehabilitators with free access to the full version of FIXME MOBILE, each time for the period indicated in the promotion.
NOTE!!! In order to conclude the contract for the acquisition of the Rehab Services by the Patient and thus the possibility for the Patient to acquire the Rehab Services, it is necessary for the Rehabilitator to set up a Stripe account (payment operator), only if he/she wishes to accept ONLINE payments for visits. The payment methods offered in FIXME MOBILE are done each time according to the terms and conditions of the respective payment operator. The Rehabilitator is obliged to acquaint himself with the terms and conditions of this operator and to make an acknowledgement of acquaintance with these terms and conditions in FIXME MOBILE. In the case of the provision of inpatient services with on-site payment, the Rehabilitator is not obliged to connect the Stripe account to his/her account in the FIXME MOBILE app. A linked Stripe account is only required if the Rehabilitator intends to accept ONLINE payments prior to the visit via the app.

CONCLUSION OF A CONTRACT BETWEEN THE REHABILITATOR AND THE PATIENT

NOTE: Fixme sp. z.o.o. is not a party to the agreement concluded between the Patient and the Rehabilitator and does not guarantee that the Rehabilitator and the Patient are entitled to conclude and perform the agreement. Conclusion of an agreement by the Rehabilitant with a Patient whose registered office or usual place of residence is not located in Poland may result in the application of relevant provisions of foreign law to conclude the agreement.
By selecting the Rehab Service offered by the Rehabilitation Professional, the Patient enters into an agreement with the Rehabilitation Professional, confirming the purchase of the selected Rehab Service by clicking on the "Pay with the amount of the Rehab Service" button, e.g. "Pay X PLN". By clicking the "Pay" button, the Patient confirms that he/she wishes to purchase the Rehab Service for the amount indicated at the Ordering stage.
Confirmation of the conclusion of the contract between the Rehabilitator and the Patient is sent automatically by e-mail and is for information purposes only. If the registered office of the Rehabilitator/Patient is marked in the settings of FIXME MOBILE as being outside the European Economic Area the aforementioned data will be sent outside the European Economic Area.
Failure of the Patient to successfully pay for the purchased Rehab Service via the Stripe system will result in the automatic cancellation of the purchased service by the Patient, only in the case of choosing ONLINE payment prior to the visit via the application. In the case of the provision of inpatient services with on-site payment, the lack of a configured Stripe account does not affect the availability of the purchased service.
NOTE Remember. By selecting and purchasing the selected Rehab Service, the Patient enters into a contract with the Rehabilitation Practitioner indicated in the respective Offer. The parties are mutually obliged to perform the concluded contract under the terms and conditions indicated in the concluded Contract. Fixme sp. z.o.o. is not a party to the concluded agreement on the purchase of Rehab Services.
The payment methods offered at FIXME MOBILE take place each time under the terms and conditions of the respective payment operator. It is the patient's responsibility to familiarise themselves with the terms and conditions of this operator and to confirm that they have familiarised themselves with these terms and conditions at FIXME MOBILE.

§ 9

CHANGE OF DATE, CANCELLATION OF PURCHASED REHAB SERVICES

Cancellation policy for Rehab Services

1 Within FIXME MOBILE there is an entitlement to cancel an appointment by both the Patient and the Rehabilitator.

(2) If a cancellation of an appointment is made by the Rehabilitator, the Rehabilitator shall refund 100% of the payment to the Patient's account.

(3) The Patient has the option to make a cancellation of an appointment for a purchased Rehab Service up to 24 hours prior to the Rehab Service appointment. In this case, the Patient will receive a refund of the fee for the Rehab Service, equal to 95% of the total amount paid. The remaining 5% will be allocated to the costs related to the payment operator's commission.

(4) In the event that there are less than 24 hours left to an appointment covered by the Rehab Service, the Patient has the option to ask the Rehabilitation Provider to cancel the Rehab Service, in which case it is up to the Rehabilitation Provider to decide whether to reimburse the fee paid. In the above-mentioned case, the Rehabilitation Provider is obliged to reimburse on his/her own any amount, keep the money or offer a new date for the Rehab Service.

Rules for changing appointments Rehab services

5 Under FIXME MOBILE, the Patient retains the right to reschedule the Rehab Service up to 24 hours before the appointment. In order to be able to change the appointment, all of the following conditions must be met: The Rehabilitation Practitioner must have the same service available with the same parameters as the currently scheduled service, The Rehabilitation Practitioner must have an appropriate availability date declared in the application allowing the service to be provided, The Rehabilitation Practitioner does not have the functionality of accepting appointment changes disabled. If a change of Rehab Service is made, the appointment fee is automatically credited to the new Rehab Service appointment (there is no obligation for the Patient to reimburse and pay again).

6 Within the framework of FIXME MOBILE, the Rehabilitator is entitled to reschedule the appointment of the Rehab Service. In this case, the Patient is entitled to a refund of the entire fee paid for the Rehab Service or to agree to a new appointment for the Rehab Service.

Rules for dealing with late visits Rehab services

7 In the event of a delay in the Rehab Service visit for reasons attributable to the Rehabilitation Practitioner, the Patient may claim a refund of 100% of the fee paid for the visit if the visit is delayed by more than 1 hour due to the doctor's absence.

8 If a Rehab Service visit is delayed by less than 60 minutes, the visit shall take place under standard conditions without reimbursement.

(9) In the event that the Patient is delayed for the Rehab Service visit, the Rehabilitation Therapist is obliged to wait for the Patient for up to 10 minutes. In such a case, i.e. a delay in the appointment of up to 10 minutes, the visit covered by the Rehab Service shall take place unchanged.

10.In the event that the Patient's delay for the Rehab Services is more than 10 minutes, the decision as to whether or not to hold this appointment rests solely with the Rehabilitator. The Rehabilitator, at his/her choice, may continue to wait for the Patient or may decide to terminate the visit due to the Patient's absence with pay.

Rules of action in case of failure to carry out a visit

11. in the event of:

a) the failure of the Rehab Service visit due to technical problems on the part of FIXME MOBILE, the Fixme sp. z.o.o. will compensate the Patient for the costs incurred or provide another Rehab Service;

(b) failure to attend a Rehab Service appointment for reasons attributable to the Patient, reimbursement of funds paid by the Patient is at the discretion of the Rehabilitator;

(c) the Rehab Service visit is not held, for reasons attributable to the Rehabilitator, the Rehabilitator shall be obliged to reimburse 100% of the cost of the Rehab Service to the Patient or to provide another visit after the Patient's consent.

Other provisions

(12) The above provisions apply mutatis mutandis to inpatient visits.

(13) In any case of refusal to make payment for the Rehab Service provided on an inpatient basis by the Patient, FIXME MOBILE is entitled to block (delete) the Patient's account until payment is made. Notwithstanding the above, the Rehabilitator is entitled to seek payment through the courts and appropriate compensation on general principles.

(14) In any case of refusal to reimburse the fee for a Rehab Service not provided by a Rehabilitation Worker, FIXME MOBILE shall be entitled to block (delete) the account of the Rehabilitation Worker until all arrears are reimbursed. Notwithstanding the above, the Patient is entitled to seek payment through the courts and appropriate compensation on general principles.

§10
COPYRIGHT FIXME MOBILE,

CONTENT PROVIDED BY FIXME MOBILE

Content

FIXME MOBILE provides functionalities enabling publication (sharing) of Content, including but not limited to audiovisual materials, photographs, descriptions (experience, education, address, professional qualifications) and other Content entered by the Patient/Rehabilitator. The above means that some of the Content may have the value of a Work within the meaning of the provisions of the Polish copyright law, and thus be protected under the said law.
The Patient/Rehabilitator is responsible for the Content published, made available within FIXME MOBILE.
By publishing (making available) the Content, the Patient/Rehabilitator declares that he/she has complied with a number of requirements and rigours indicated in these Terms and Conditions.
The publishing and sharing of certain Content may be combined with the need to use third party providers (e.g. VIMEO, Facebook). In this case, the use of third party service providers requires you to accept the terms of service of such providers.
The FIXME MOBILE functionality provides the possibility to publish/share information about the use of FIXME MOBILE services on social media platforms (e.g. Facebook).

Statements.

Fixme sp. z.o.o. declares that it has full rights to FIXME MOBILE and is entitled to authorise the Patient/Rehabilitator to use FIXME MOBILE within the scope of these Terms and Conditions as well as that the rights granted do not infringe on the rights of third parties.
The content and integrity of FIXME MOBILE is protected by law. The content of FIXME MOBILE and all elements of FIXME MOBILE are subject to the protection envisaged by Polish and international law, including, in particular, provisions on copyright and related rights and on combating unfair competition. Any use of FIXME MOBILE, in particular through copying in whole or in part, electronic transmission or any other modification or use without prior written consent of Fixme sp. z.o.o., is prohibited. The above disclaimer does not apply to content uploaded by the Patient/Rehabilitator within FIXME MOBILE.
The trade names, names, descriptions and trademarks published in FIXME MOBILE are subject to legal protection. The Patient/Rehabilitator is obliged to refrain from any action that infringes the intellectual property rights of those entitled to these names, descriptions and trademarks.
Unless otherwise stated, all copyrights on texts, images, photos and other materials contained in FIXME MOBILE belong to Fixme sp. z.o.o.. (The above does not apply to Content entered by the Patient/Rehabilitator).
The act of copying, modifying and transmitting (electronically or otherwise), as well as the reproduction, use and distribution of the material contained within FIXME MOBILE is only permitted with the permission of the owner. The use of information available on the FIXME MOBILE application may only take place in a lawful manner. As a condition for obtaining permission to use material whose copyright belongs to Fixme sp. z.o.o., the material must be cited in its unaltered form with a visible and clear indication: "Source: FIXME SP. Z.O.O." or other equivalent. However, this requires Fixme sp. z.o.o.’s consent in each case.
The Patient/Rehabilitator acknowledges that any action involving an attempt to destabilise FIXME MOBILE may be reported to the competent authorities.
The Patient/Rehabilitator is obliged to use the provided Content in a lawful manner and in accordance with good practice, taking into account respect for personal rights and copyrights and intellectual property rights of third parties. The Patient/Rehabilitator is obliged to enter data in accordance with the actual state of affairs. The Patient/Rehabilitator is obliged not to provide content of an unlawful nature.
Each time the Patient/Rehabilitator enters Content into FIXME MOBILE, he/she declares that:

The content and data are true;
The content will be free from legal defects;
The content will not be pledged or otherwise encumbered;
The content does not infringe on the rights of third parties, including copyright and related rights, or personal rights or intellectual property rights;
owns all intellectual property rights, in particular the economic copyright in the Content to the extent necessary for its inclusion in FIXME MOBILE;
owns all moral rights of the persons depicted in the Content, and in particular the right to use the image of the persons depicted in the Content;
The content will not contain uncensored or commonly regarded as uncensored content;
Content will not include nudity or adult content;
The content will not violate the law, good morals;
The Content will not contain product placement or third-party advertising material (the Fixme sp. z.o.o.’s consent is required each time such Content is made available);
Content will not contain logos or third party names

The Patient/Rehabilitator guarantees that, by virtue of the entry of the Audiovisual Material in question within the framework of FIXME MOBILE, the Fixme sp. z.o.o. will not be obliged to pay remuneration to the creators and holders of related rights payable to them either directly or through a collecting society.
In the event of a breach by the Patient/Rehabilitator of the statements indicated in this paragraph or of their inconsistency with the actual legal or factual situation, the Patient/Rehabilitator shall be solely and wholly responsible towards Fixme sp. z.o.o. for this and shall indemnify Fixme sp. z.o.o. from any liability that may arise in such a situation. In particular, in the event that any claims are made by third parties on account of the inclusion of Content in FIXME MOBILE, including the logos, graphics, photographs (together with the images of the persons recorded therein) contained in the Content, the Patient/Rehabilitant, at his/her own cost and risk, undertakes to take all legal steps to ensure that Fixme sp. z.o.o. is duly protected, The Patient Rehabilitant undertakes to take all legal steps at his/her own expense and risk to ensure the proper protection of Fixme sp. z.o.o., and in particular undertakes to take the place of Fixme sp. z.o.o. (or, if this is not possible, to take the place of Fixme sp. z.o.o.) in any proceedings pending against Fixme sp. z.o.o., and undertakes to reimburse Fixme sp. z.o.o. for all costs which Fixme sp. z.o.o. may incur or which Fixme sp. z.o.o. will be obliged to pay to a third party in connection with a claim or lawsuit which this person will bring in relation to the use of the Content within FIXME MOBILE.
Whenever Fixme sp. z.o.o. considers that the Content received clearly violates the law, violates the rules of these Terms and Conditions or violates the rights of third parties, Fixme sp. z.o.o. is entitled to unilaterally remove this Content and suspend the Patient/Rehabilitator's Account until doubts about the Content are clarified or appropriate evidence is presented to acknowledge the compliance of the Content with these Terms and Conditions and the law.

Consent to use of Content provided by the Patient/Rehabilitator:

Content (e.g. photos or videos) made available within FIXME MOBILE may be protected by copyright. Insofar as this does not result from other regulations and other legal actions, the Patient/Rehabilitator retains copyright or trademarks) on any Content that he/she creates or makes available via FIXME MOBILE. Whenever the Content made available through FIXME MOBILE has not been created independently by the Patient/Rehabilitator, it is necessary to obtain the relevant rights to the Content in question from its creator. By providing the Content (in particular audiovisual material, photos), the Patient/Rehabilitator declares that he/she has obtained the relevant rights and that he/she has full rights to provide the Content within FIXME MOBILE.
In the event of sharing, publishing or uploading copyrighted Content in FIXME MOBILE, the Patient/Rehabilitator grants Fixme sp. z.o.o. a non-exclusive, transferable licence, including the right to sub-licence, free of charge and globally to use, exploit, distribute, modify, run, reproduce, publicly perform or display, translate and exercise derivative rights (in accordance with the settings selected by the Patient in FIXME MOBILE). The consent referred to in the previous sentence is given to the extent of:

recording and reproducing by any technique, including recording or copying on any type of paper, electronic, magnetic or optical media;
dissemination through telecommunications networks (including the Internet and GSM networks) by any means and technology, in particular by: distribution in such a way that everyone can access the Content at a time and place of their own choosing and other means of exploitation in telecommunications networks regardless of the means of limiting access that may be used; public display and reproduction, including through mechanisms for automatic playback of the Content on websites;
public performance, exhibition, display, reproduction and broadcasting and re-broadcasting;
lending and marketing.

The Patient's/Rehabilitator's consent also includes the creation of elaborations of the Content by Fixme sp. z.o.o. and the use of these elaborations to the extent that Fixme sp. z.o.o. is entitled to use the Content, and to the granting of further consents to the extent corresponding to the consent granted to Fixme sp. z.o.o.
The Patient/Rehabilitator consents to Fixme sp. z.o.o.’s exercise of moral rights in the Content and declares that he/she will not exercise such rights against Fixme sp. z.o.o. and entities to which Fixme sp. z.o.o. gives further consent to use the Content.
The Patient/Rehabilitator warrants that he/she is entitled to make the above statements and consents covered by the Terms and Conditions and to enter the Content into FIXME MOBILE and that the Content and the use of the Content by Fixme sp. z.o.o. in accordance with the Terms and Conditions does not infringe the rights of third parties.
The Patient/Rehabilitator shall indemnify and hold Fixme sp. z.o.o. and the entities to which Fixme sp. z.o.o. gives further consent to use the Content harmless from any liability arising from the use of the Content in accordance with the Terms and Conditions.
Whenever an image of the Patient/Rehabilitator or of other persons is recorded in the Content (in particular audiovisual material, photographs) as soon as the Patient/Rehabilitator has made the respective Content available through FIXME MOBILE:

consents to the use and dissemination of his/her image fixed in the respective Content for the period of time the Content is made available on FIXME MOBILE;
Agrees to the use of name, profile picture for the purpose of the FIXME MOBILE service;
authorises Fixme sp. z.o.o. to grant, on its behalf, permission to use the image in the cases indicated in these Terms and Conditions via the FIXME MOBILE functionality;
consent for the use of the image is free of charge;
The consent for the use of the image is granted for the period of posting the Content on FIXME MOBILE;
declares that he/she has obtained the consent of third parties recorded in the Content to record and distribute the image of these persons under the terms of these Terms and Conditions.

Deletion of Content

The Patient/Rehabilitator may at any time remove Content that he/she makes available, publishes and uploads. The above stipulation does not, however, apply to Content provided by the Rehabilitator that has been purchased by the Patient as part of the Rehab Services offered. The deletion of such Content may take place at the earliest after the expiry of the agreement concluded with the Patient who purchased the Rehab Service containing the respective Content (applies if, as a result of the purchase of the Rehab Service, the Rehabilitator makes the Content available to the Patient) .
Deletion :

Patient's account shall result in the deletion of the Content placed on your account;
Rehabilitator's account (except as set out in paragraph 24 above) shall result in the deletion of Content posted to Rehabilitator's account.

Apart from the case indicated in paragraph 25 above, the deletion of Content is carried out by selecting the relevant option within the FIXME MOBILE functionality by the Patient or by submitting the relevant Fixme sp. z.o.o. instruction by the Rehabilitator. Notwithstanding the above, deletion of Content may take place at the request of a third party, in the event that the Content in question is found to be in breach of the law or the Regulations.
If it is not possible to remove the Content due to technical limitations of FIXME MOBILE, the removal of the Content will take place, as soon as the technical capacity to do so has returned.
If a third party reports that the Content in question violates the law or the Terms and Conditions, the publication of the Content in question will be suspended and secured in order to establish the grounds for the reported irregularity. The purpose of securing the Content in question is:

investigate and declare unlawful activities or violations of the Rules of Procedure;
Protecting the security and integrity, systems, services, other Patients/Rehabilitators;
the need to ensure compliance with a legal obligation to secure evidence in order to document a breach of the law, a breach of the Rules of Procedure;
the need to ensure the execution of a request from State authorities (judicial, administrative, law enforcement).

(29) In the situation indicated in paragraph 28 above, the Content will be retained for a period of time no longer than necessary for the purposes for which it was retained, with the authorization to use the Content continuing until the Content is completely deleted.

30. FIXME MOBILE reserves the right to block, in whole or in part, the account of any Patient/Rehabilitator in any case of unauthorised, false, obviously unjustified reporting of infringements of the law, the Rules by the Content of other Patients/Rehabilitators.

§ 11
PURCHASE (REHAB SERVICES)

NOTE Remember. By selecting and purchasing a Rehab Service, the Patient enters into a contract with the Rehabilitator indicated in the respective Offer. The parties are mutually obliged to perform the concluded agreement on the terms and conditions indicated in the concluded Agreement. Fixme sp. z.o.o. is not a party to the concluded agreement between the Patient and the Rehabilitator. Fixme sp. z.o.o. is not responsible for the Content posted by Rehabilitators and for the results of exercising according to the instructions of Rehabilitators. Before purchasing a Rehab Service, read in detail the experience indicated by the Rehabilitator in question and the certificates, authorisations held by the Rehabilitator. If you have any doubts about a given Rehabilitator (a given Offer), you can contact the Rehabilitator or Fixme sp. z.o.o. in order to obtain confirmation of the information, dispel doubts about the person.

The purchase of Rehab Services is carried out independently by the Patient via FIXME MOBILE, where the Patient selects the parameters of the Rehab Service he/she is interested in (selection of the appointment as soon as possible or on his/her own date and time with the possibility to choose the date and time, type of appointment (stationary, online), determination of the location, selection of the appropriate language, type of service, selection of the Rehabilitation Practitioner and the appointment from the pool available with the selected Rehabilitation Practitioner.
In order to purchase a Rehab Service, the Patient is required to enter on the FIXME MOBILE purchase form, the data individualising the Rehab Service in question, and to enter the data enabling payment to be made if this is the form chosen by the Patient.
After selecting the parameters of interest to the Patient and unchecking the relevant necessary consents, the Patient confirms the purchase by clicking on the "Pay" button with the indicated amount of Rehab Services.
Failure to provide any of the data indicated in paragraph 2 above makes the purchase impossible and at the same time means that the Patient cancels the purchase of the selected Rehab Services.
The patient is responsible for the correctness and veracity of any data provided to FIXME MOBILE.
The amount of the Price of the Rehab Service (including the payment provider's Commissions) is indicated each time on FIXME MOBILE. Notwithstanding the above, the amount of prices for the purchased services is indicated each time in the order confirmation sent to the email address. Making an incomplete payment for Rehab Services is tantamount to non-payment and therefore no obligation to provide the service covered by the incomplete payment in any way.
FIXME MOBILE confirms the completion of the purchased Rehab Service by sending a corresponding confirmation to the Patient's e-mail address containing details of the purchased Rehab Service.

§ 12
PAYMENTS

Payment for Rehab Services (for Patients).

All amounts in which the prices of Rehab Services at FIXME MOBILE are expressed are in one of four currencies (PLN,USD,GBP,EUR) and include any necessary public charges.
The purchase of the Rehab Service is made through the Stripe system (https://stripe.com). Payments are made under the terms and conditions of the Stripe system. The Patient is obliged to read the terms and conditions of Stripe. Fixme sp. z.o.o. is not a party to the contract between the Patient/Rehabilitator and Stripe. The agreement between the Patient/Rehabilitator and Stripe governs the applicable rules between the Patient/Rehabilitator and Stripe for receiving payment for services purchased through FIXME, including the completion of the necessary steps to verify identity and the conditions for Stripe to make withdrawals of funds collected through this transaction service.
The purchase transaction of the Rehab Service takes place directly between the Patient and the Rehabilitator.
The Patient pays with a credit (payment) card at his/her own risk, in accordance with the terms and conditions for the use of the credit (payment) card established in the agreement with the card issuer. Fixme sp. z.o.o. is not responsible for how the Patient uses the credit (payment) card. The Patient is responsible for the reliability of the credit card details he/she provides to pay for the services offered at FIXME MOBILE. When using a credit card, the Patient ensures that he uses the credit card of which he is the holder.
Making a payment for a purchased service is done by being redirected to the Stripe service. The patient should follow the messages of this transaction service.
In order to make a correct payment by credit (payment) card, the patient should provide the data required by the respective payment system (e.g. name of the credit card holder).
The provision of the data indicated in paragraph 6 above does not guarantee positive authorisation of the credit (payment) card payment by the card issuer. Fixme sp. z.o.o. shall not be liable in the event that a particular transaction with the Patient's credit card is declined by the credit card issuer, of which Stripe shall immediately inform the Patient.
Fixme sp. z.o.o. is not a party to the agreement to make a payment transaction via Stripe. Payment via Stripe is made in each case according to the terms and conditions indicated by this billing service.
Once the transaction has been carried out in accordance with the instructions of the transaction service, the Patient will receive a notification as to whether the payment was successful. If the Patient does not receive such a notification immediately after the transaction has been carried out, there is a risk that the transaction carried out by the Patient has not been completed, and the Patient is therefore obliged to contact the Stripe transaction service and FIXME MOBILE in order to clarify the situation.
The moment of payment (purchase of the Rehab Service) is when you receive a message from Stripe that your payment has been credited to this service.
The remuneration paid by the Patient for the purchased Rehab Service goes to the Rehabilitator's previously established Stripe account. The remuneration due to the Rehabilitator is reduced by the Stripe transaction service commission (in accordance with the Stripe tariff).

Payment for Subscriptions (for Rehabilitators).

12 The purchase of a Subscription takes place exclusively via the data operators of the Google Play system and the App Store.

13. the Subscription prices are indicated each time in the Google Play and App shops.

14. Payment processing takes place each time on the basis of the Google Play and App Store regulations.

15 The Stripe functionality allows the Rehabilitator to withdraw the funds accumulated in the Rehabilitator's Stripe account to the bank account indicated by the Rehabilitator. The terms and conditions of the Stripe functionality are set out in the Stripe Rules (www.stripe.com). The Rehabilitator is obliged to read the Stripe terms and conditions.

§ 13

FEES, COMMISSIONS

The Fixme sp. z.o.o. explains that access to the FIXME MOBILE app for patients is free of charge.
The Fixme sp. z.o.o. clarifies that access to the FIXME MOBILE application for Rehabilitators (with limited scope) is free of charge.
Fixme sp. z.o.o. explains that access to the FIXME MOBILE application for Rehabilitators (full scope), i.e. enabling Rehabilitators to offer Rehab Services and to conclude contracts with Patients, is subject to a fee. A Rehabilitation Professional interested in using FIXME MOBILE, in order to offer Rehab Services, is required to purchase access to FIXME MOBILE (Subscription).
The subscription price for Rehabilitation Professionals to access the full version of FIXME MOBILE (Subscription) is indicated each time on Google Play and the App Store.
Actions by the Patient and the Rehabilitator that have the purpose or effect of avoiding payment of the Fee due to Fixme sp. z.o.o. are not permitted.
The commission is collected and charged by the payment operator, the Stripe System. The rules for its collection, calculation and settlement are set out in the Stripe terms and conditions. Fixme sp. z.o.o. does not have any influence on the amount of the Commission or the rules for calculating the Commission.
The content of the current Stripe regulations is indicated on the Stripe system on a regular basis.

§14

REHABILITATION ASSESSMENTS

The FIXME MOBILE functionality allows Patients to evaluate the Rehabilitator and the Rehab Services both in a descriptive form (issuing a descriptive comment recommending or not recommending a given Rehab Service and Rehabilitator) and in a point evaluation (i.e. by awarding stars from 1 to 5 - where five stars means recommend - and one star means - do not recommend). This functionality is used to exchange subjective opinions about the purchased Rehab Service and the performance of the contract by the Rehabilitator.
The FIXME MOBILE functionality allows you to give ratings (a one-off assessment of the Rehab Service), both positive and negative. The ratings issued allow you to assess the quality of the Rehab Services. Rating is only possible with regard to Rehab Services purchased and not cancelled prior to the start of the Rehab Service.
Only the parties to the previously concluded contract for the purchase of the Rehab Service (Patient and Rehabilitator) can make assessments.
The Rehabilitation Therapist who has received an assessment from the Patient in question may include his or her one-off response, which constitutes a response to the assessment received.
Patients and Rehabilitators can edit and delete their ratings. The graphical sales appraisal allows Patients (clients of a given Rehabilitator) to rate on a scale of 1 to 5 (graphical stars) the performance of the Rehabilitator.
Evaluations are always made by the individual Patient in relation to the specifically purchased Rehab Service. The Patient is responsible for the content posted in the evaluations and responses.
The content of the assessments and answers is public information, available to all who use FIXME MOBILE.
Evaluations, comments and responses should be truthful, collaborative and must not include:

false content;
content that is generally considered to be offensive and offends against good morals (including profanity, obscenity, pornography or incitement to hatred, racism, xenophobia),
contact details or logins of Patients/Rehabilitators,
website addresses or content of an advertising nature.

Fixme sp. z.o.o. does not interfere with the content of assessments and responses to assessments, but reserves the right to block the Content of an already issued assessment in justified cases, in particular:

when the content in question violates the provisions of the Terms and Conditions
when the assessment data have been mistakenly issued to the wrong Patient/Rehabilitator or to the wrong contract for the purchase of Rehab Services, if their content clearly indicates a mistake,
when the assessment data clearly indicates a mistake as to its type;
when assessment data are illegible;
when the Patient/Rehabilitator makes a request for removal (procedure paragraph 10 below).

Fixme sp. z.o.o. reserves the right to edit or delete reviews in cases where the review in question:

violates these Rules;
constitutes another opinion referring to the same Rehab Service,
does not refer to the service purchased by the patient;
infringes generally applicable law (including but not limited to infringement of patent rights, copyrights, business secrets or other intellectual property rights or the right to protection of personal data) good morals or offends religious feelings,
is illegible and incomprehensible (in particular when they contain characters that make it illegible).

§ 15

DELETION OF ACCOUNT/DATA ENTERED IN FIXME MOBILE

1 The Rehabilitator and the Patient have the right to request the deletion of the FIXME MOBILE account/deletion of certain data. This right and its extent depends on the type of account and the extent and duration of the use of FIXME MOBILE services. The conditions for deletion of the account/data are indicated below.

In order to request the deletion of an account, the Patient/Rehabilitator should go to the "help centre" under "profile" and then open the contact form and choose the category "Deletion of account/personal data". After selecting the appropriate option, the Patient should write an appropriate request (e.g. "please delete my account and personal data from Fixme"), accept the consents (regulations and PP) and submit the form. The Patient/Rehabilitator will receive an answer regarding the submitted request to the contact email specified in the form (if no email is specified in the above-mentioned form, the answer will be sent to the email address assigned to the account).

3 Conditions for deletion of account/data:

a) If the Patient/Rehabilitation Practitioner has scheduled Rehab Services, deletion will only be possible after all scheduled services have been performed (the end of the appointment time of the day on which the last scheduled appointment is made is this moment, cancelled appointments do not count as scheduled to be performed). The Patient/Rehabilitation Professional should repeat the request for deletion of data and account after all scheduled services have been performed

b) If the Patient/Rehabilitator does not have scheduled Rehab Services, the indicated data/account will be removed from public access in FIXME MOBILE.

4. ATTENTION!!! Deletion of account data means that it is removed from public access for FIXME MOBILE users. Deleted data will continue to be available to the FIXME MOBILE operator in accordance with the FIXME MOBILE privacy policy. The data will be stored for the period of limitation of claims for the purpose of any disputes between users or the operator FIXME MOBILE.

§ 16

COMPLAINTS ABOUT FIXME MOBILE SERVICES

The Patient/Rehabilitator is entitled to make a complaint about the FIXME MOBILE Services by sending the relevant information to kontakt@fixmeapp.pl.
The Patient/Rehabilitator's complaint should:

include the reason for the complaint;
include the patient's current details, contact details.

Fixme sp. z.o.o. shall consider the complaint and respond to the complaint within 14 days of receipt. If the complaint is not investigated within 14 days from the day it was lodged, the complaint shall be deemed to have been accepted.
If the complaint submitted does not meet the conditions specified in paragraph 2, it is necessary for the proper consideration of the complaint, the Fixme sp. z.o.o. shall immediately call on the Patient/Rehabilitant to supplement it, specifying the deadline, no shorter than 7 days, and the scope of such supplementation, with the instruction that failure to supplement the complaint within the specified deadline will result in leaving the complaint unprocessed. Upon ineffective lapse of the specified time limit, the complaint shall be left unprocessed.
Neither Fixme sp. z.o.o. nor its employees, authorised representatives and agents shall be liable to the non-consumer Patient/Rehabilitator, its subcontractors, employees, authorised representatives and/or agents for any damages, including loss of profits, unless the damage was caused by them intentionally. Whenever the liability of Fixme sp. z.o.o., its subcontractors, employees, authorised representatives and/or agents is established, such liability to the non-consumer Fixme sp. z.o.o., irrespective of its legal basis, shall be limited - both within a single claim and for all claims in total - to the amount of one thousand zlotys.

§ 17
COMPLAINTS ABOUT REHABILITATION SERVICES

The Patient is entitled to make complaints about the Rehab Services and the Rehabilitator undertakes to deal with complaints made by the Patient.
Monetary claims for faulty delivery, non-performance of Rehab Services should be directed to the Rehabilitator. Fixme sp. z.o.o. provides support to the Patient in dealing with the claims, however, this does not mean that Fixme sp. z.o.o. takes any responsibility for these claims.
All complaints against the Rehab Services should be submitted to the Rehabilitation Worker with the assistance of the Fixme sp. z.o.o., at the following email address: kontakt@fixmeapp.pl. The relevant complaint is immediately forwarded to the Rehabilitation Worker for response. FIXME MOBILE provides support in resolving complaints made by Patients against the Rehab Services to the Rehabilitator concerned.
When entering into a contract with a Patient for the purchase of Rehab Services, the Rehabilitator is obliged to comply with these Regulations and other generally applicable laws.
With regard to Complaints concerning Rehab Services, the provisions of § 16 of the Regulations, i.e. the obligation of Rehabilitators to consider Complaints in the manner indicated in § 16, shall apply accordingly. Thus, the Rehabilitator is obliged to consider the submitted Complaint immediately, however, no later than within 14 days from the date of submission of the Complaint by the Patient. Violation by the Rehabilitator of the obligation indicated above (irrespective of liability under generally applicable legislation) shall entitle the Fixme sp. z.o.o. to terminate the agreement with regard to the provision of the FIXME MOBILE SERVICES.
The filing of a claim against the Rehab Service does not suspend the Patient's obligation to pay the Price due to the Rehabilitator for the use of the purchased Rehab Service.

§ 18

OUT-OF-COURT DISPUTE RESOLUTION

Fixme sp. z.o.o. reports that:

An EU-wide online dispute resolution platform for disputes between consumers and traders (ODR platform) is available at http://ec.europa.eu/consumers/odr, which is an interactive and multilingual website with a one-stop shop for consumers and traders seeking to resolve out-of-court disputes concerning contractual obligations arising from an online sales or service contract;
The Consumer has the right to make use of out-of-court complaint and redress procedures. Detailed information about the consumer's right to use out-of-court procedures for handling complaints and pursuing claims, as well as rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following website addresses of the Office of Competition and Consumer Protection:

The Office of Competition and Consumer Protection has a Contact Point which provides information on amicable proceedings. ADR/ODR Contact Point (information on ADR entities, assistance in filling in applications), Pl. Powstańców Warszawy 1, 00-950 Warsaw, Tel. 22 55 60 332, 22 55 60 333, E-mail: kontakt.adr@uokik.gov.pl.

The Patient/Rehabilitator has the right to pursue claims in court proceedings before a court of competent local and material jurisdiction, without recourse to arbitration.

§ 19

WITHDRAWAL FROM THE CONTRACT

Fixme sp. z.o.o. informs that, pursuant to the content of Article 38(1) of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended), the right to withdraw from agreements concluded at a distance is not vested if the entrepreneur concerned has performed the service in full with the express consent of the Consumer, who was informed before the provision of the service began, that after its performance, he/she will lose the right to withdraw from the agreement.
Bearing in mind the contents of paragraphs 1 and 2 above, the Fixme sp. z.o.o. informs that:

The FIXME MOBILE Services consist in the performance of factual actions related to enabling the Patient to use the services of other entities (Rehabilitators), and therefore the FIXME MOBILE Service is completed at the time of the Patient's purchase of the relevant Rehab Service, and therefore once this action has been performed, the Patient is not entitled to withdraw from the FIXME MOBILE Service performed, i.e. enabling the conclusion of a contract with a Rehabilitator;
The Rehab Services (online) consist of the provision of medical services by Rehabilitation Practitioners (making an online visit via FIXME MOBILE) to the Rehabilitation Practitioner selected and therefore the Service is completed at the time of the online visit by the Patient of the Rehab Service in question, and therefore once the visit has taken place, the Patient is not entitled to withdraw from the Rehab Service performed;
The Rehab Services (in-patient) consist of the provision of medical services by Rehabilitation Practitioners (holding an in-patient appointment booked via FIXME MOBILE) with a Rehabilitation Practitioner of the choice, and therefore the Service is completed at the time of the respective in-patient appointment by the Patient of the respective Rehab Service, and therefore once the appointment has been held, the Patient has no right to withdraw from the Rehab Service performed.

Bearing in mind the content of paragraphs 1-2, the right of withdrawal shall not apply to services indicated in paragraph 2 above that are completed after the Patient has selected them. Services completed after the Patient's selection are the FIXME MOBILE service indicated in paragraph 2 a) above and the Rehab Service received by the Patient immediately after its purchase.
In terms of other services, i.e:

Rehab Services that have not been completed by the time the right of withdrawal is exercised), Rehab Services not taken immediately after their purchase the Patient/Rehabilitator who is a Consumer shall have the right to withdraw from the contract under the conditions indicated in these Terms and Conditions.
i.e. other FIXME MOBILE Services that have not been completed by the time the right of withdrawal is exercised), Rehab Services not taken immediately after purchase, the Patient/Rehabilitator who is a Consumer has the right to withdraw from the contract under the conditions indicated in these Terms and Conditions.

In order to exercise the right of withdrawal indicated in paragraph 4(a) above, the Patient should inform the Rehabilitator of his/her decision by sending the appropriate information via the form in FIXME MOBILE. (NOTE: the right of withdrawal from the contract for Rehab Services concluded with the Rehabilitator should be addressed to the Rehabilitator, as the Rehabilitator is the party to the contract for Rehab Services).
In order to exercise the right of withdrawal indicated in paragraph 4 above, the Patient should inform the Fixme sp. z.o.o. of his/her decision:

by post to the following address: Józefa Mackiewicza 7, 20-865 Lublin, Lublin;
by e-mail to: e-mail:kontakt@fixmeapp.pl. by sending an explicit statement to this effect.

In order to exercise the right of withdrawal, the Patient may:

use the model withdrawal form attached to these Terms and Conditions (Annex 2), but this is not obligatory;
fill in and submit a withdrawal form or any other unequivocal statement setting out your wish to withdraw from the contract;
inform the Fixme sp. z.o.o. by sending an appropriate e-mail to kontakt@fixmeapp.pl.
inform the Rehabilitator by sending information about the exercise of this right via the FIXME MOBILE contact form.

Fixme sp. z.o.o. shall immediately send an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail).
The Rehabilitator is obliged to immediately send the Patient an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail).
In order to comply with the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the withdrawal period has expired.

§ 20

RESPONSIBILITIES FIXME SP. Z.O.O.

Fixme sp. z.o.o. is obliged to provide the functionality of FIXME MOBILE under the conditions set out in these Terms and Conditions.
Fixme sp. z.o.o. is not responsible for:

the accuracy of the data and Content posted on FIXME MOBILE;
effects of the Rehab Services offered by the Rehabilitator;
Content posted by the Patient/Rehabilitator;
services offered by the Rehabilitation Workers;
mistakes (on the part of Patients/Rehabilitation Workers) in the data entered by the Patient/Rehabilitation Worker, e.g. e-mail address, credit card number;
Bankruptcy/bankruptcy of the Rehabilitators (other entities) providing the services offered on the FIXME MOBILE Service (e.g. Stripe);
Patient's choice of the services offered by the Rehabilitators;
performance of services by the Rehabilitator (Stripe);
the Patient's failure to use the purchased Rehab Service;
the Patient's use of the Rehab Service in an incomplete manner,
situations making it impossible to use the Rehab Service, FIXME MOBILE Services due to technical problems on the part of the Patient, technical problems of the providers;
for non-compliance with the Terms and Conditions and regulations of third parties (e.g. Stripe);
blocking by email server administrators from sending messages to the email address indicated by the Patient/Rehabilitator and for deleting and blocking emails by software installed on the computer used by the Patient/Rehabilitator;
Technical parameters of Patient's/Manager's Mobile Devices preventing the use of FIXME MOBILE
No access to the Internet or GSM network, which makes it impossible to use FIXME MOBILE;
a force majeure event or an event beyond the Fixme sp. z.o.o.’s control.

To the extent permitted by mandatory consumer law, Fixme sp. z.o.o. shall only be liable for costs incurred by the Patient/Rehabilitator that are the result of Fixme sp. z.o.o.’s fault.
The provisions of these Rules do not limit Fixme sp. z.o.o.’s liability with regard to the consequences of Fixme sp. z.o.o.’s fault.
With respect to Patients/Rehabilitators who are not Consumers, Fixme sp. z.o.o.’s liability for non-performance or improper performance of any agreement entered into between Fixme sp. z.o.o. and a Patient/Rehabilitator who is not a Consumer shall be limited to the amount of the Fee paid by the Patient/Rehabilitator to Fixme sp. z.o.o. under the agreement, the non-performance or improper performance of which is claimed by the Patient/Rehabilitator who is not a Consumer. Fixme sp. z.o.o.’s liability to the Patient/Rehabilitator who is not a Consumer does not include lost benefits.

§ 21

INVITATIONS TO FIXME MOBILE

1. FIXME MOBILE offers an invitation option for the FIXME MOBILE app.

2 The FIXME MOBILE Invite function gives Patients/Rehabilitators the opportunity to quickly access Rehabilitators and Patients respectively and gives Rehabilitators the opportunity to invite people who are not FIXME MOBILE users to set up a Rehabilitator and Patient Account.

3 Each Rehabilitator has an individual referral code assigned to the Rehabilitator's account, e.g. "A25184".

4. Rehabilitators registered in FIXME MOBILE can share their code with potential Patients (already registered in FIXME MOBILE) or potential users who want to register as Rehabilitators in FIXME MOBILE. Any person registered in the application (either as a Patient or Rehabilitator after going through the full registration process) can enter the invitation code received from the Rehabilitator.

5. In the case of a registered Patient, entering the code received from the Rehabilitator and passing the registration procedure of the received code gives the possibility to assign a given Rehabilitator to a Patient and allows to use the full functionality of FIXME MOBILE between the Patient and this Rehabilitator. In order to use this option, the Patient should enter the invitation code assigned to the given Rehabilitator. After entering the code, the Patient receives information about this Rehabilitator assigned to this code, i.e. (name, surname, specialty, photo, evaluation). Then the Patient obligatorily has to agree to share his/her personal data with the given Rehabilitator and click “confirm”. After these steps, the Rehabilitator in question will appear in the Patient's list of “Rehabilitators” , and the Rehabilitator will gain access to this Patient in his/her patient list in the application (that is, we will link them as it happens after making an appointment, but without making an appointment). In addition, the Rehabilitator gets an email with the name of the new patient.

6. Rehabilitators registered in FIXME MOBILE may share their code with potential users interested in setting up a Rehabilitator account and receiving the benefit of a free FIXME MOBILE subscription period for the period indicated in § 21 item. 8 in these regulations. For this purpose, the registered Rehabilitator should share the code assigned to his/her account with another user interested in establishing a Rehabilitator account. In the case of, referral of FIXME MOBILE by registered Rehabilitators and in the case of full registration of a new Rehabilitator, as a result of the referral of FIXME MOBILE by a registered Rehabilitator, this Rehabilitator may obtain free access to the FIXME MOBILE subscription in the amount of time in accordance with § 21 item. 8 in these Regulations.

In order to get free access to the FIXME MOBILE subscription, you must meet all the conditions described in § 23 in these terms and conditions and click on the “Claim Rewards” button on the “Rewards” screen, which is linked to the “Invite to the Application” screen, which can be accessed from the “Profile” tab in the application.
FIXME MOBILE subscription renewal code can be received only once.
The FIXME MOBILE subscription renewal code can be collected within a maximum period of 5 months from the date of account registration.
Rehabilitators who enter a referral code received from another rehabilitator agree to share with the rehabilitator whose code they enter their data such as First and Last Name, account verification status.

7. The prerequisite for free access to FIXME MOBILE subscription by a registered Rehabilitator who has recommended their code is to fulfill all of the following conditions within a period of 3 months from the date of registration of the person whose invitation code they enter:

a) active subscription to FIXME MOBILE by the Inviting Rehabilitator;

b) creation of a Rehabilitator account and going through the full registration procedure by the person who used the code of a registered Rehabilitator, ending with the creation of a Rehabilitator account (confirmation of eligibility to register as a Rehabilitator);

c) use of a referral code by a newly registered Rehabilitator.

NOTE!!! The inviting Rehabilitator can send an unlimited number of invitations, but can only receive the code extending the FIXME MOBILE subscription by the amount of time described in § 21 item. 8 in these regulations). Each Rehabilitator can enter only 1 referral code, the inviting Rehabilitator and the inviting Rehabilitator (already registered in FIXME MOBILE) cannot enter each other's codes [one-way linkage only]) (condition: to be able to use the reward code you must already have an active subscription at the time of entering the code).

8. During the period of 3 months from the date of registration of the rehabilitator's account, we credit rehabilitators invited who meet all the conditions described in § 21 item. 7 in these regulations. Depending on the number of rehabilitators verified who have met all conditions, the following reward thresholds are available:

1 verified invited rehabilitator = 1 month access to FIXME MOBILE subscription
2 verified invited rehabilitators = 2 months access to FIXME MOBILE subscription
3 verified invited rehabilitators = 3 months access to FIXME MOBILE subscription
4 to 6 verified invited rehabilitators = 6 months access to FIXME MOBILE subscription
7 and more verified invited rehabilitators = 12 months access to FIXME MOBILE subscription

The progress of each threshold will be visible in the “Rewards” tab of the Fixme app in the rehabber's account.

NOTE!!! The FIXME MOBILE subscription extension code can be collected only once and only for the highest achieved threshold described above. The FIXME MOBILE subscription validity extension code can be collected within a maximum period of 5 months from the date of account registration, after this time the user loses the opportunity to collect the code and is not eligible for the reward. The code will be sent to the email address assigned to the account of the rehabilitator receiving the reward in the Fixme application.

9. The received FIXME MOBILE subscription renewal code will expire after 30 days from the date of its receipt in the Fixme application, of which the rehabilitator will be informed in the body of the email with the received code. In this case, it will not be possible to use it to renew the subscription. The code is not refundable or exchangeable for cash equivalent.

§ 22
PERSONAL DATA, PRIVACY AND CONFIDENTIALITY

Personal data provided by Patients/Rehabilitators through FIXME MOBILE are processed in accordance with the applicable legislation and in accordance with FIXME MOBILE's privacy policy.
Personal data of other Patients/Rehabilitators shall only be disclosed to Patients/Rehabilitators in the cases provided for in the Regulations for the purposes of carrying out and performing the contract concluded between the Patient and the Rehabilitator through FIXME MOBILE and in other cases, with the prior consent of the data subject.
The Patient/Rehabilitator is obliged not to disclose to third parties information concerning other Patients/Rehabilitators that he/she has received in connection with the use of FIXME MOBILE, unless he/she has obtained prior consent from the Patient/Rehabilitator to whom the data refers.
Fixme sp. z.o.o. is entitled to filter and stop messages sent by Patients/Rehabilitators within the tools provided in FIXME MOBILE, in particular if they are spam, contain content that violates these Terms and Conditions or otherwise threaten the safety of Patients/Rehabilitators.
The rules for the processing of Patients/Rehabilitators' personal data and the Privacy Policy are described in Appendix 3 to the Regulations.
Rehabilitators practising in Poland are obliged to comply with the Regulation of the Minister of Health of 6 April 2020 on types, scope and models of medical records and the manner of their processing. In any case of violation of the aforementioned regulations by the Rehabilitator, Fixme sp. z.o.o. is entitled to suspend access to the FIXME MOBILE account and report the violation to the competent authorities.

§ 23

LANGUAGE VERSIONS OF THE RULES

The FIXME MOBILE Regulations have been prepared in three language versions, Polish, English and Norwegian.
The original language version of the Terms and Conditions shall be the Polish language version. If any doubt arises with respect to the translated content of the Terms and Conditions of Use, it shall be resolved by reference to the original language version, with the exception of situations where it is necessary to resolve them on the basis of a different language version pursuant to mandatory legal provisions.

§ 24

APPLICABLE LAW

The governing law for agreements between the Patient and the Rehabilitation Practitioner and Fixme sp. z.o.o. is Polish law, unless mandatory provisions of law provide otherwise.
The choice of Polish law does not deprive the consumer of the protection afforded to him under provisions that cannot be derogated from by contract, under the law that would be applicable in the absence of the choice of law.
Any disputes relating to the services provided by Fixme sp. z.o.o. under FIXME MOBILE will be submitted to the competent ordinary courts.
Any disputes between Fixme sp. z.o.o. and a Patient/Rehabilitator who is not a Consumer regarding the FIXME MOBILE Services shall be settled by the Polish common courts having jurisdiction according to Fixme sp. z.o.o.’s registered office.
In any case, as the services provided by the Rehabilitator are governed by Polish law, the Rehabilitator is obliged to comply with the laws relating to the Rehabilitator's profession.

§ 25
FINAL PROVISIONS/AMENDMENT OF THE RULES

Fixme sp. z.o.o. retains the right to amend these Terms and Conditions for the following reasons:

the need to improve the safety of FIXME MOBILE, the safety of Patients/Rehabilitators;
the need to improve the performance of FIXME MOBILE, and changes made on this basis will not result in an increase or introduction of additional charges in relation to those already charged (paid), and furthermore such changes will enable the continued use of FIXME MOBILE;
The need to counteract abuses carried out in connection with the use of FIXME MOBILE;
a change to the terms and conditions of the FIXME Services or the Rehab Services, whereby changes made on this basis will not affect fee-based services purchased prior to these changes coming into effect;
the introduction of a new service, as well as the introduction of additional functionalities for FIXME MOBILE, and each time the use of such services or functionalities will be voluntary;
a change in generally applicable legislation that directly affects the content of the Terms and Conditions.

Any change to the Terms and Conditions will be communicated to the Patient by sending information about the changes electronically to the email address indicated when registering with FIXME MOBILE.
Amendments shall come into force on the date indicated by Fixme sp. z.o.o., no shorter than 14 days from the notification of the amendment to the Terms and Conditions, unless the common law provides otherwise.
Notwithstanding the foregoing, Fixme sp. z.o.o. may amend the Terms and Conditions without observing the 14-day period referred to in paragraph 3 above including with immediate effect in the event that:

The obligation in this respect is due to changes in the law and regulations, on the basis of which Fixme sp. z.o.o. is obliged to amend the Regulations in such a way that it cannot comply with the aforementioned 15-day notification period,
it is exceptionally necessary to amend the Terms and Conditions, including for the purpose of counteracting unforeseen and imminent risks associated with the protection of online mediation services, Patients/Rehabilitators from fraud, malware, spam, data breaches or other threats to cyber security.

The provisions of paragraphs 1 to 4 above also apply to the modification of the services provided by Fixme sp. z.o.o. through FIXME MOBILE. In any case, the change in FIXME MOBILE's services will not affect concluded contracts purchased prior to the entry into force of these changes, nor will it entail any costs on the part of the Consumer.
To purchased Rehab Services concluded before the effective date of the new Terms and Conditions, the provisions of the Terms and Conditions as before shall apply.
The Patient who does not accept the content of the amendments to the Regulations retains the right to terminate the contract for FIXME MOBILE Services at any time. The Rehabilitator who does not accept the changes to the Terms and Conditions retains the right to terminate the contract for FIXME MOBILE Services at any time, with the effect of termination not occurring earlier than the expiry of the contracts for Rehab Services concluded with Patients.
In the event that a change is made to the service provided via FIXME MOBILE which materially and adversely affects the Consumer's access to FIXME MOBILE, the Consumer - notwithstanding the right provided for in paragraph 7 above - may, within 30 days of such change, terminate the FIXME MOBILE Service Contract without notice.
If any provision of the Terms and Conditions of Use is declared invalid by a final court decision, the remaining provisions shall remain in force insofar as the applicable law provides for a different effect.
The Annexes to these Rules of Procedure shall form an integral part thereof.

Appendices:

Rules for the creation of recordings as part of the Rehab Services at FIXME MOBILE - Appendix 1;
Model withdrawal - Annex 2;
FIXME MOBILE Privacy Policy - Appendix 3.

Annex 1 to the FIXME MOBILE Regulations - video content requirements.

With FIXME MOBILE, it is possible to upload a video file of up to 20 mega bytes in the file formats: MP4, AVI, MKV, MOV, WMV, HEVC

ANNEX 2 to the FIXME MOBILE RULES

MODEL WITHDRAWAL FORM

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

- Addressee [here the Consumer should enter the Subscriber's name, full postal address and e-mail address].

- I/We(*) hereby give notice(*) of my/our withdrawal from the service contract(*)

- Date of conclusion of contract(*)/receipt(*)

- Name of Consumer(s)

- Address of Consumer(s)

- Signature of Subscriber(s) (only if the form is sent in hard copy)

- Date

_________________________

(*) Delete as appropriate

Annex 3 - PRIVACY POLICY