§ 1 Definitions and preliminary provisions

1. Doctor.One Physician Application or Application - the "Doctor.One Physician" mobile application, available for download in the Google Play store and Apple App Store, through which Doctor One provides Doctor One Specialists or Doctor One Specialists with the services described in the Terms and Conditions;
2. Doctor One - Doctor One Polska sp. z o.o. with its headquarters in Bieniewice (05-870), 11 Poziomkowa Street, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIV Business Department of the National Court Register under the KRS number: 0000989484, with the NIP number: 1182246930 and the initial capital in the amount of PLN 5,000. Doctor One is a medical entity entered in the Register of Entities Performing Medical Activities kept by the Mazovian Governor - register book number: 000000254837;
3. Account - a collection of resources in the Doctor.One Physician Application, marked with an individual name (phone number or email) and protected by a password provided by the Specialist or Doctor One Specialist, in which the data of the Specialist or Doctor One Specialist are collected;
4. Patient - Main Patient and Related Patient;
5. Primary Patient - a User who has purchased a Care Plan through the Application; the Primary Patient status is valid for the entire period of holding an active Care Plan;
6. Affiliated Patient - a person for whom the Primary Patient has created a profile associated with his/her Account, in particular a minor natural person or a person without full legal capacity;
7. Privacy Policy - a document describing the rules for the processing of personal data of Specialists and Doctor One Specialists by Doctor One, which is available at: https://www.doctor.one/polityka-prywatnosci;
8. Care Plan - a package of medical services provided by Doctor One to a Patient with the assistance of a Doctor One Specialist selected by the Primary Patient; the detailed scope of services covered by the Care Plan is specified by the Doctor One Specialist in the Application each time. The Care Plan may include, in particular, services such as Telecounseling, home visits, in-person visits at the Doctor One Specialist's office;
9. Terms and Conditions - these Terms and Conditions of the Doctor.One Application Doctor; Specialist or Doctor One Specialist can freely read the Terms and Conditions, after downloading the Application via the Apple App Store or Google Play and on the website: https://www.doctor.one/regulamin-dla-lekarza;
10. Specialist - a medical professional, including, in particular, a doctor, pharmacist, physiotherapist, nurse, midwife, nutritionist or psychologist, who is registered in the Application and communicates with Users using it, excluding Doctor One Specialists;
11. Doctor One Specialist - a medical professional, including but not limited to a physician, pharmacist, physiotherapist, nurse, midwife, dietician or psychologist, who collectively meets the following conditions: (i) works with Doctor One on the basis of the Terms and Conditions of Doctor One, and (ii) at least one Patient has a Plan of Care purchased from him/her, and (iii) provides health care services on behalf of a Doctor One medical entity to Patients who have an active Plan of Care purchased from that Specialist, under the terms of the Terms and Conditions of Doctor One;
12. Telecommunication - health care services provided by a Doctor One Specialist via means of remote communication, including, in particular, using the Doctor.One Physician Application;
13. Contract - a contract between Doctor One and a Doctor One Specialist or Specialist for the provision by Doctor One of the services described in these Terms and Conditions;
14. Law on Consumer Rights - Law of 30.05.2014 on consumer rights;
15. User - a person who uses the services provided electronically by Doctor One, consisting of providing the Doctor.One Patient application;
16. Doctor One's Terms and Conditions of Cooperation - Terms and Conditions of Cooperation setting forth the terms and conditions under which a Doctor One Specialist provides medical services to Doctor One, consisting in providing medical services on behalf of Doctor One to Patients within the scope of his/her professional specialty.

§ 2 Services provided by Doctor One using the Doctor.One Doctor application

1. Establishing an Account;
2. To enable and facilitate communication with Users, including through text messages, file, image and video uploads, and voice messages;
3. Enabling other functionality available to Specialists in the Application.
   

1. Establishing an Account;
2. Enable and define the scope of Care Plans offered to Patients;
3. Enable and facilitate communication between Doctor One Specialist and Patients, including via text messages, file transfer, images and videos, and voice messages;
   
4. To enable and facilitate the provision of health services on behalf of Doctor One to Patients, including by enabling Telecounseling, appointment and documentation of home visits and in-person visits made by Doctor One Specialists;
   
5. Enabling the maintenance of Patients' medical records in connection with health care services provided by Doctor One Specialists on behalf of Doctor One to You;
   
6. Enabling other functionality available to Specialists in the Application.
   

§ 3 Basic rules for using the Doctor.One Physician application

1. Each Doctor One Specialist and Specialist is obliged to use the Application in a manner consistent with the Regulations, applicable law, rules of social coexistence and good morals. It is forbidden to use the Application to provide content of an unlawful nature and to take any action within the Application that violates the rights of third parties.
2. When using the Application, each Doctor One Specialist and Specialist is required to provide true and factual information about themselves.
3. It is forbidden to share an Account with other Specialists, Doctor One Specialists or third parties, as well as to use Accounts belonging to other persons.
4. The password that allows a Doctor One Specialist or Doctor One Specialist to log into the Application is private and confidential - Doctor One Specialist and Doctor One Specialist are required to keep such information confidential from third parties. Any exchange of passwords between such persons is prohibited. The Specialist or Doctor One Specialist, as the case may be, shall be solely responsible for the consequences of unauthorized disclosure of the password to access the Account.
5. Any attempt to introduce harmful data (malware including bots, viruses, spyware, "worms", etc.) into the Application is not allowed.
6. The Specialist is not authorized to use the Application to create, store and manage medical records, issue prescriptions, certificates and sick leave, or provide health care services. The exclusive functionalities offered to Specialists by Doctor One are those indicated in § 2.1, including, most importantly, allowing Specialists to contact Users through the existing functionalities of the Application.

§ 4 Technical conditions necessary to use Doctor.One Doctor application

1. In order to use the Application, you will need a mobile device with Android or iOS installed and stable Internet access. The use of certain functionalities of the Application (such as file transfer or voice messaging) may require that the Application be granted specific permissions to access the resources or tools of the User's mobile device (e.g., access to the file gallery or microphone). In such case, the Specialist or Doctor One Specialist will be prompted in the Application to grant such access in the system settings of their mobile device.
2. The data transmission costs of the Specialist or Doctor One Specialist shall be borne by themselves under the terms of their contracts with telecommunications operators or other Internet providers.
3. Doctor One recommends that Doctor One Specialists and Specialists use built-in mobile device security features such as biometrics (e.g., fingerprint or facial recognition) or gestures or PINs to ensure that the device is secure from unauthorized third-party access.
4. In order to protect the data available in the Application from unauthorized access by third parties, logging into the Application requires entering a PIN or password each time.

§ 5 Doctor.One specialists and professionals

1. If he is a doctor, pharmacist, physiotherapist, nurse or midwife - he has a current right to practice in the territory of the Republic of Poland;
2. If he is a nutritionist - he has a degree in dietetics;
3. If he is a psychologist - he has a degree in psychology or a completed school of psychotherapy in the territory of the Republic of Poland;
4. If he performs a medical profession other than those listed above - he has all the authorizations required for the lawful practice of this medical profession.

1. Doctor One acts solely as a provider of the Application, enabling the functionality described in § 2.1, including facilitating the Specialist's communication with Users;
2. The Specialist shall be solely responsible for the consequences of the advice or recommendations provided by him through the Application to Users who are not Patients;
3. The Specialist is not authorized to provide health services to Users, including Patients, on behalf of Doctor One.

§ 6 Conclusion and termination of the contract for the provision of services by electronic means

1. Correctly completing all required fields of the registration form visible to the Specialist or Doctor One Specialist on the 1st launch of the Application;
2. Acceptance of the provisions of the Terms and Conditions of Doctor One and confirmation of reading the Privacy Policy.

1. The Agreement between Doctor One and a Doctor One Specialist or Doctor One Specialist is concluded for an indefinite period of time, at the time the Doctor One Specialist or Doctor One Specialist is sent a confirmation of the conclusion of the Agreement and lasts until the App is removed from his/her mobile device.
2. Doctor One confirms to the Specialist and Doctor One's Specialist the conclusion of the Agreement by sending an e-mail to the address indicated during the registration of the Account.
3. The provision of services by Doctor One to a Specialist or Doctor One Specialist is based on the Regulations and the provisions of Polish law.
4. A Doctor One Specialist or Specialist who deletes the Application from his or her device will lose access to its functionality and the data assigned to his or her Account until he or she reinstalls the Application on his or her device and after properly logging in again.
5. During the period from the deletion of the Application from a mobile device until the expiration of the medical record retention period specified by Polish law, it is not possible to completely delete a Doctor One Specialist Account in the Application. Accounts are deleted by Doctor One automatically, after the expiration of this period.
6. A Doctor One Specialist or Specialist who violates the Terms of Service may be summoned by Doctor One to cease violations. The summons will be directed via email, to the email address and/or phone number of the Specialist or Doctor One Specialist provided during the Application registration and/or within the chat functionality available on the Application. If the summons proves to be ineffective and the Specialist or Doctor One Specialist continues to violate the Terms of Service, Doctor One reserves the right to deactivate the Specialist's or Doctor One Specialist's Account, which shall be equivalent to immediate termination of the contract for the provision of electronic services.
7. If Doctor One has deleted or deactivated the Account of a Specialist or Doctor One Specialist for the reasons indicated in Paragraph 7 above, the creation of a new Account by the same Specialist or Doctor One Specialist or its re-activation requires that the Specialist or Doctor One Specialist send a notification to info@doctor.one and Doctor One's consent.
8. The Specialist or Doctor One Specialist declares that he or she uses the Application in direct connection with the performance of his or her professional activity, and therefore acknowledges that he or she is not entitled to the status of a consumer within the meaning of Article 221 of the Civil Code and that the provisions of the Consumer Rights Act do not apply to the Agreement.

§ 7 Complaints

1. In the event that a Doctor One Specialist or Specialist finds that Doctor One is not providing services in accordance with the Regulations, he or she may file a complaint.
2. Claims should be sent to the correspondence address: Doctor One Polska Sp. z o.o., The Warsaw Hub, Rondo Daszyńskiego 2B, 00-843 Warsaw, or by e-mail sent to: pacjent@doctor.one.
3. In the body of your application, you should include: your name, email address, a description of the concerns you are raising, as well as your demands.
4. If the data or information provided in the complaint needs to be supplemented, Doctor One will ask a Doctor One Specialist or Specialist to supplement the complaint to the extent indicated before processing the complaint.
5. Doctor One will respond to a complaint so submitted within 14 days. The response to the complaint is sent only to the e-mail address, unless the Specialist or Doctor One Specialist requests to receive the response by mail, providing the mailing address in the complaint application.
6. Failure of Doctor One to respond within 14 days will result in the complaint being considered legitimate.

§ 8 Intellectual property

1. Doctor One grants the Specialist and Doctor One Specialist a non-exclusive, territorially unlimited license to use the Application for the term of the Agreement. Doctor One Specialist or Specialist may not sublicense, and the license itself may not be transferred to another entity without Doctor One's express written consent.
2. All photos and other materials (including texts, graphics, logos) posted or the Application belong to Doctor One or have been used with the permission of third parties who own copyrights to them.
3. It is forbidden to copy photos and other graphic materials and to use reprinting of texts posted in the Application, including their sharing on the Internet, without the written consent of Doctor One or any other third party holding copyrights to them.
4. It is also forbidden for external parties to download photos, graphics, texts and other materials of the Application and use them for marketing and commercial purposes.
5. The use of the aforementioned materials without the written permission of Doctor One or any other third party who holds the copyright is illegal and may be grounds for civil and criminal proceedings against the person committing such action.
6. Each Doctor One Professional and Specialist is required to refrain from copying, modifying, distributing, transmitting or otherwise exploiting any of the content protected by the intellectual property rights that Doctor One owns provided in the Application, except for the use of the content under the permitted use. Any interference or use of the source code of the Application is also prohibited.

§ 9 Protection of personal data

1. The rules for the processing of personal data of Doctor One Specialists and Specialists are defined in the Privacy Policy.

§ 10 Liability

1. Doctor One shall not be liable for the non-performance or improper performance of its obligations, resulting from the failure of the Specialist or Doctor One Specialist to meet the requirements and violations of the rules, as specified in the Regulations or the Agreement.
2. Neither Party shall be liable for any failure to perform or improper performance of its obligations that is caused by force majeure. Force majeure within the meaning of the Agreement and the Terms and Conditions shall be deemed to be an event beyond the control of Doctor One, a Specialist or a Doctor One Specialist, external, unforeseeable and beyond their control, which occurred after the effective date of the Agreement or which meets the criteria for recognition as force majeure established by the case law of Polish courts.
3. The Specialist acknowledges and agrees that Doctor One is acting with respect to it solely as a provider of the Application, enabling the functionality described in § 2.1, including the communication of Specialists with Users. Accordingly, Doctor One shall not be liable in any way for the consequences of advice or recommendations provided by Specialists through the Application to Users who are not Patients.
4. The Specialist shall repair any damage caused to Doctor One and shall indemnify Doctor One, pursuant to Article 392 of the Civil Code, from the obligation to provide benefits to third parties for claims made against Doctor One, and shall without undue delay pay or compensate Doctor One for administrative penalties or fines charged to Doctor One in the event that third parties, including Users, make claims against Doctor One in connection with: (i) the falsity of any statements made by the Specialist; (ii) the Specialist's breach of any obligations contained in the Terms and Conditions; (iii) the Specialist's violation of applicable laws.

§ 11 Final provisions

1. Through the Application - using the dedicated functionality of the Application;
2. via snail mail - at the address for correspondence: Doctor One Polska Sp. z o.o., The Warsaw Hub, Rondo Daszyńskiego 2B, 00-843 Warsaw;
3. via e-mail - at: info@doctor.one;
4. Via telephone - at +48 513 455 129.
   

1. Doctor One reserves the right to impose restrictions on the use of the Applications due to their technical service, maintenance work or work on improving their functionality. At the same time, Doctor One undertakes to make every effort to ensure that the said interruptions take place at night and last as short as possible. Doctor One will inform Doctor One Specialists and Specialists of all limitations well in advance.
2. Doctor One may amend the Terms and Conditions only for important reasons, i.e. in case of expansion or reduction of the scope of services offered and in connection with: (1) a change in the laws to which Doctor One is subject, (2) a change in the technology of the Application, (3) a change in Doctor One's internal organization, (4) other objective reasons beyond Doctor One's control that force changes or adjustments to the Terms and Conditions. Doctor One will inform about the changes by sending information about the changes to the email address of a Doctor One Specialist or Specialist or directly through the Application. The changes will be effective no earlier than 14 days after the date of informing the Specialist or Doctor One Specialist about the changes, unless the Specialist or Doctor One Specialist accepts the wording of the amended Terms and Conditions earlier via the Application.
3. Changes made to the Regulations are not intended to affect the rights acquired by Specialists or Doctor One Specialists prior to the changes.
4. Any disputes between Doctor One and a Doctor One Specialist or Specialist will be resolved amicably through negotiation. If it is not possible to resolve the dispute in this way, the disputes will be resolved by the competent common court.
   
5. Doctor One may transfer the rights and obligations under the Terms and Conditions to its successors in title or equity affiliates at any time during the term of the Terms and Conditions, without obtaining the consent of a Doctor One Specialist or Specialist.
   
6. The annexes to the Regulations are an integral part of the Regulations.
   
7. The regulations are governed by Polish law.
   
8. The regulations as amended are effective as of August 1, 2023.