Terms and conditions of the website and mobile application Veterinary Application / VetApp
§1
GENERAL PROVISIONS AND DEFINITIONS
Preamble
The services offered as part of the website and the Veterinary Application / VetApp application constitute only a type of initial advice or pre -diagnosis that does not constitute the provision of veterinary services within the meaning of the Act on Animal Health Facilities of 18 December 2003 (Journal of Laws of 2019, item 24). It is reserved that they constitute only a form of initial assistance intended for the User's animal, after which the user / service recipient will receive a recommendation for further consultation at an animal health facility. The services offered as part of the website or application cannot replace a visit to a veterinarian and do not constitute an alternative method of diagnosing and treating animals. The entity running the website / application does not have the status of an animal health facility within the meaning of the law and the pre -diagnosis is made based on the operation of a specialist algorithm.
1. These regulations establish:
a/ Vetapp.app website and the mobile application and the territorial scope of their operation,
b/ the principles according to which the services will be provided electronically,
c/ rights and obligations of service providers and service recipients.
2. For the purposes of these regulations, the following definitions apply:
2.1. Application – software enabling users to use the services offered by the service provider on mobile devices, including telephones, tablets, etc.
2.2. Electronic Health Booklet – functionality available within selected packages (indicated packages in the system in the Subscription tab - plan comparison), within which the User will be able to independently post documentation from the treatment of the animal they own in the formats and sizes allowed by the application. The documentation will not be processed in any way by the Service Provider. By deleting the account, the User consents to the deletion of all documentation regarding the treatment of the animal.
2.3. Chat with a veterinarian – functionality available as part of the VetApp VIP, VetApp VetHelp and VetApp VetHelp&Care packages , consisting in the possibility of sending a message to a veterinarian by the User and receiving a response regarding the Result and the pre -diagnosis performed within no more than 12 hours from the moment of sending the message. The response will be sent in the form of an electronic message exclusively via the application. The functionality will be available 7 days a week, from 7:00 to 23:00.
2.4. License - this means a non-exclusive, temporary, revocable, territorially unlimited and free license granted to service recipients to use the Application or Service, as referred to in these regulations. The license for subscription variants may be subject to fees, about which the User will be informed in advance.
2.5. Privacy Policy - a document containing information on the principles of collecting, storing, processing and using the User's Personal Data on the Services belonging to the Administrator, available at the Internet address - https://vetapp.app/privacy-policy
2.6. Regulations - these regulations of the website and the mobile application Veterinary Application / VetApp. The current version of the Regulations is available at the Internet address - https://vetapp.app/terms-and-conditions
2.7. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
2.8. Service - the internet service available at https://vetapp.app , which contains content offered by the service provider, including software offered by the service provider.
2.9. Provision of services by electronic means - performance of a service provided without the simultaneous presence of the parties (remotely), by transmitting data at the individual request of the service recipient, sent and received using devices for electronic processing, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 - Telecommunications Law.
2.10. Video consultation – one of the services available within the Application and the Service, consisting in checking, at the request of the Service Recipient, the correctness of the pre -diagnosis by a Consultant with veterinary education in the form of a remote conversation, during which the Consultant will not conduct a veterinary interview, will not indicate the method of treatment, will not collect any information from the Service Recipient beyond the scope of the pre -diagnosis performed by him in the application. The Consultant's actions are solely to confirm or deny the correctness of the pre -diagnosis. The actions performed by the Consultant do not constitute actions consisting in the provision of a veterinary service in accordance with the provisions of the Act on Animal Medical Facilities.
2.11. Agreement - an agreement concluded between the service provider and the service recipient for the provision of services by electronic means.
2.12. Service - programs, functionalities and options offered and made available by the service provider within the Service and Application,
2.13. Service Recipient or User – a legal person or a natural person who is over 18 years of age, has full legal capacity and uses the Services via the Website or Application.
2.14. Service Provider - Veterinary Application OÜ , an entrepreneur operating under Estonian law, registered at: Estonia, Tallinn, Lõõtsa tn 5, 11415, entered into the Register of Entrepreneurs under number: 16570707.
2.15. Result – the result of the pre -diagnosis performed in the form of a report generated by the computer system after the interview and the information and/or symptoms of the animal provided by the Service Recipient. The result is information about potential diseases and/or threats that may or may not occur in the animal. The result is one of the possible diseases/ailments of the animal to be recognized and is related to the symptoms and predispositions provided by the Service Recipient during the Interview. The result will be visible in the form of a generated digital document, for which it is necessary to provide the User's email address. In the absence of an email address, the Result will be generated for the User's information and then expire.
2.16. Interview – an action consisting of the computer system asking specific questions and the Service User entering them, as well as the computer system processing information entered by the Service User regarding the general characteristics of the animal, symptoms and/or diseases occurring in the animal, aimed at generating a Result. The interview cannot replace the interview with a veterinarian.
§2
TERMS OF USE OF THE SERVICE AND APPLICATION, DECLARATIONS
1. The Website and the Application are tools by means of which the User, after conducting an Interview, can obtain information on potential illnesses, diseases or dysfunctions occurring in the animal about which the User has entered specific information.
2. The Service and Application constitute a tool for so-called pre -diagnostics and cannot replace proper diagnostics performed by a veterinarian and can only be used as an aid. The Service Provider reserves that the Interview and Result cannot be interpreted or treated as an interview conducted by a veterinarian or as a diagnosis made by a veterinarian.
3. The Service Provider reserves that the Service and the Application are not tools to be used in emergency situations that threaten the health or life of the animal. In such situations, you should contact your veterinarian directly.
4. The Interview and Result, as well as all other content on the Website or Application are for educational and informational purposes only and cannot replace medical knowledge and information provided by a veterinarian.
5. The result generated after the Interview cannot be the sole basis for the User to make a decision to introduce a specific type of treatment for the animal. The result can only be treated as a "knowledge base" about specific animal ailments. Neither the result nor the Interview can be the sole basis for the User to use veterinary medicinal products or other pharmaceuticals for the animal without consulting a veterinarian.
6. In addition to the possibility for the User to use the functionalities available within the Interview and Result, the Service and Application also offer functionality consisting in the possibility for the User to use Video Consultation conducted by a Consultant cooperating with the application/service. Video consultations do not constitute the provision of veterinary services within the meaning of the Act on Animal Health Facilities of 18 December 2003 (Journal of Laws of 2019, item 24). The Consultant's task is solely to indicate, at the request of the Service Recipient, whether the pre -diagnosis generated by the algorithm (system) is correct or to deny this circumstance. The Service Provider reserves that Video Consultation cannot replace veterinary services and in order to obtain final advice and to perform broad and comprehensive diagnostics, a visit to an animal health facility is recommended each time within the meaning of art. 4 sec. 1 points 1-4 of the above-mentioned Act.
§3
OBLIGATIONS OF THE SERVICE CLIENT
1. The Service Recipient may not post on the Website and/or Application:
a/ content containing manifestations of animal cruelty;
b/content containing incitement to violence or hatred towards people and/or animals, groups of people based on gender, race, skin colour, ethnic or social origin, genetic features, language, religion or beliefs, political or any other opinions, nationality, membership in a national minority, property, birth, disability, age or sexual orientation;
c/ content that may facilitate the commission of a crime.
2. The Service Recipient is prohibited from posting advertisements for products, including in particular veterinary medicinal products or pharmaceuticals for animals, medical services without the consent of the Service Provider. In order to obtain such consent, the Service Recipient should contact the Service Provider directly at the following address: info@vetapp.app
3. The Service Recipient may not copy or in any other way preserve the content contained in the Service or Application, or the source codes for the Service or Application, modify and distribute and reproduce in whole or in part the content contained in the Service or Application without the express consent of the person authorized to act on behalf of the Service Provider. This does not apply to: linking to other websites, services, results generated after an interview and the knowledge base. In the event of a breach by the Service Recipient of the Service Provider's proprietary copyrights to the Service and Application, the Service Provider will take all legal steps to protect intellectual property rights, including the right to pursue claims for infringement of these rights.
4. Any activities involving the creation of fictitious accounts by the User, breaching security measures or disrupting the operation of the Website or Application are prohibited.
5. It is prohibited to use the Service or Application in the event of non-acceptance of the terms of these Regulations. In the event of non-acceptance, the Service Recipient should cease using the Service and Application and remove the application from the computer or mobile device.
§4
LIABILITY OF THE SERVICE PROVIDER
1. The Service Provider reserves the right not to be held liable for any actions of the Service Recipient that are inconsistent with these Regulations. In particular, the Service Provider:
a/ is not responsible for any actions or omissions undertaken by Service Users in relation to animals owned by the Service User or in relation to other animals in connection with information obtained through the Website or Application, in particular information obtained as part of the generated Result;
b/is not responsible for the User's use of any veterinary medicinal products or pharmaceuticals for animals;
c/ shall not be liable for failure to perform or improper performance of obligations arising from this Agreement if they are related to defective hardware or software of the devices used by the Service Recipient, as well as interruptions in the functioning of the Website or Application resulting from reasons beyond the control of the Service Provider, including interruptions in the use of the Website and Application in order to update data, repair errors and/or perform other necessary actions by the Service Provider;
d/ shall not be liable to the Service Recipient for any damage and/or lost profits, including the exclusion of any claims of the Service Recipient against the Service Provider for compensation and/or redress, if such claims result from the Service Recipient’s failure to comply with the provisions of these Regulations;
e/ is not responsible for the content posted by Service Recipients in the Application or the Website, in particular for their truthfulness and reliability and the rights of third parties to such content, and moreover for the content posted on websites located in other domains not owned by the Service Provider, to which reference links are included in the content of the Application and/or the Website;
f/ is not responsible for any advertising content posted on the Website or Application, in particular content relating to advertised goods and services for which the Service Provider is not directly responsible. In the event that the Service Provider posts prices for specific products, the Service Provider reserves that this does not constitute an offer within the meaning of Art. 66 of the Civil Code, but merely an invitation to negotiate;
g/ shall not be liable for any temporary lack of access by the User to the Electronic Health Booklet or for the lack of access to the Chat with a Veterinarian due to a system failure or upgrade;
3. The Service Provider is entitled to suspend the functioning of the Service or Application in order to repair, modernize and/or update them, without the need to inform individual Service Users about this in advance. However, such action will be preceded by posting an appropriate message on the Service website.
4. The Service Provider does not analyze or monitor the content posted by Service Recipients in terms of their compliance with the law or the Regulations, except when it receives such a notification about the User and there is a reasonable assumption that there has been a violation of the Regulations or generally applicable provisions of law.
§5
PROVIDING SERVICES ELECTRONICALLY
1. The Service Provider provides Services electronically via the Website or Application. The provision of Services by the Service Provider is free of charge (VetApp Free , available in some countries) - with the exception of Video Consultation services and paid subscriptions to VetApp Premium, VetApp VIP, VetApp VetHelp and VetApp VetHelp&Care , which provide a wider range of functionalities (as part of a monthly or annual subscription), which are subject to payment on the principles described in these Regulations. The Service Provider reserves that fees may also be introduced for other Services, of which the Service Recipient will be informed each time.
2. Access to paid features (VetApp Premium, VetApp VIP, VetApp VetHelp and VetApp VetHelp&Care ) is possible after purchasing a subscription. Payments for the subscription are made via an online payment system.
3. New users who set up an account after these Regulations came into force (hereinafter "New Users") will receive free 14-day access to the selected package (VetApp VIP or VetApp VetHelp&Care , depending on the country). After 14 days, New Users must decide whether to opt for the paid package of their choice. In the event of not choosing a paid package, New Users will have "read-only" access, i.e. which is a mechanism limiting the functionality of user accounts after the trial period ends.
4. Subscription payments are made in advance for the period selected by the User (monthly or yearly). The subscription is automatically renewed unless the User decides to cancel it before the end of the current billing period.
5. The fee for the Video Consultation will depend on the length of the Video Consultation and the time of its provision, as well as on the person providing the Video Consultation . The User will be informed about the expected cost of the Video Consultation each time before starting the Video Consultation . The fee is collected in advance, through the payment operators indicated in paragraph 2 and paragraph 6.
6. Payments for the Video Consultation service and subscriptions are made via the Stripe online payment system (Stripe Inc., with its registered office in the United States at 354 Oyster Point Boulevard , San Francisco, California, 94103) and - in the case of using the VetApp mobile application - via the App distribution platforms Store (Apple Inc.) and Google Play (Google LLC). Detailed terms of use of Stripe Products and services can be found at: https://stripe.com/en-pl/legal/privacy-center. The terms of service and privacy policies of the relevant mobile platforms are available at: https://www.apple.com/legal/internet-services/itunes / pl/terms.html and https://play.google.com/about/play-te r ms , respectively .
7. All invoices for Video Consultation services and purchased subscriptions are available for download directly from the Transaction History made available to the User in the application.
8. To use the Service and the Application, it is necessary to have a computer or mobile device with Internet access and a web browser . E-mail is not required, and will only be necessary if you wish to set up an account within the Portal or Application or if you wish to use the Video Consultation service . The User is solely responsible for the proper operation of the devices necessary for the operation of the Service or Application.
9. The conclusion of the Agreement between the Service Provider and the Service Recipient is voluntary. The conclusion of the agreement must be preceded by the User accepting the provisions of these Regulations, and then by starting to use the Service or Application and the functionalities available through them. The Agreement on the use of the Service and Application is concluded for the duration of the Interview or Video Consultation and is each time executed with the delivery of the Result to the Service Recipient or with the completion of the Video Consultation .
10. Access to the content included in the Service and Application does not require the User to create an account, unless the User expresses the will for the Result to be sent to his/her email address or when the User wishes to use Video Consultation .
11. The User may consent to contact from the Service Provider, including receiving notifications about products, promotions and services by selecting specific communication channels (SMS notifications / in-app notifications / email notifications).
§6
TERMINATION AND WITHDRAWAL FROM THE AGREEMENT
1. The Service Provider may terminate the Agreement immediately by blocking or preventing the User from accessing the Application or the Service if the Service Recipient violates the provisions of these Regulations or other generally applicable provisions of law in a manner that is incompatible with the use of the Service or the Application.
2. The Service Recipient has the right to withdraw from the Agreement and terminate it at any time by ceasing to use the Service or by deleting the Application from the computer or mobile device.
§7
COMPLAINT PROCEDURE
1. Complaints regarding Services provided electronically, in particular regarding irregularities or interruptions in the functioning of the Application or Service, may be submitted via e-mail to the Service Provider's e-mail address: info@vetapp.app within 30 days from the date of occurrence of the irregularity. The Service Provider also indicates a telephone contact number +48 572 292 162 available on weekdays from 10:00 to 15:00.
2. The complaint should include at least: the name and surname of the complainant and a description and date of the irregularity.
3. The Service Provider undertakes to consider the complaint within 30 days from the date of its submission. The Service Provider will respond to the complaint to the e-mail address through which the complainant sent the complaint.
4. In the event of a dispute arising from the agreement, the Service Recipient and the Service Provider will first make efforts to amicably resolve such a dispute. If the parties fail to reach an agreement, the dispute will be resolved by a competent common court. Before filing a lawsuit with the competent common court, the Service Recipient, as a consumer, may file a complaint with one of the bodies authorized to resolve out-of-court consumer complaints and disputes. The current list of such bodies is available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl. In order to amicably resolve a dispute online, the Service Recipient may also use the list located at: https://ec.europa.eu/consumers/odr.
5. The Service Provider does not use out-of-court dispute resolution, as referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§8
LICENSE AND INTELLECTUAL PROPERTY RIGHT
1. In order to enable Service Recipients to use the Service and Application, the Service Provider grants the Service Recipient a License (described in detail in § 1 section 2 point 2.4.) to use the Service and Application. Under the License granted, the Service Recipient is only entitled to use the Service or Application in accordance with the Regulations and to install the Application on mobile devices.
2. The Service Recipient is not entitled to any intellectual property rights to the Website or Application. The Service Recipient is prohibited from using the source codes of the Website or Application, as well as from making any modifications. The Service Recipient is entitled to use the content of the Application and the Website in accordance with the provisions of the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2021, item 1062), the Act of 27 July 2001 on the Protection of Databases (consolidated text: Journal of Laws of 2021, item 386) and the Act of 16 April 1993 on Combating Unfair Competition (consolidated text: Journal of Laws of 2020, item 1913, as amended ).
3. Under the agreement for the provision of services by electronic means, no ownership rights or any other intellectual property rights to the contents of the Website or Application are transferred to the Service Recipient.
4. The Service Recipient reserves that all technological solutions, software, databases and intellectual property rights, including trademarks, are the property of the Service Provider, are subject to legal protection and may not be used by the Service Recipient or third parties without the express consent of the Service Provider.
§9
PERSONAL DATA PROTECTION, PRIVACY POLICY, COOKIES
1.The Service Provider indicates that providing personal data is not obligatory when using the Service or Application. Regardless of this, in the case of their voluntary provision, the Service Provider takes all technical and legal measures to protect the personal data of Service Recipients and their privacy. In particular, personal data are processed in accordance with the provisions of the GDPR and special provisions
2. The Service Provider indicates that all information regarding the scope and method and other issues regarding the processing of personal data and their protection, as well as the use of cookies , can be found in the Privacy Policy available at https://vetapp.app/privacy-policy . The Privacy Policy is an integral part of these Regulations.
§10
FINAL PROVISIONS
1. In matters not regulated in these Regulations, the provisions of generally applicable law shall apply. Polish law shall apply to these Regulations and they shall be subject to Polish jurisdiction.
2. Changes to the Regulations may be introduced by the Service Provider at any time and shall enter into force on the day the amended Regulations are made available on the Service pages and in the Application. In the event of a change to the Regulations, the Service Recipient has the right to terminate or withdraw from this Agreement immediately. However, if the User continues to use the Service or Application after the introduction of the amended regulations, this shall be tantamount to acceptance of the amended regulations.
3. Recognizing any provision of these Regulations as invalid does not affect the validity of the remaining provisions, which remain in force. The provisions recognized as invalid will be replaced by other provisions adapted to the provisions of generally applicable law.
4. The Regulations do not exclude or limit any rights of consumers to which they are entitled under generally applicable law.
4. These regulations enter into force on 18 April 2025.