§ 1 Definitions and preliminary provisions

1. 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, in exchange for a Subscription; the detailed scope of services covered by a Care Plan is visible each time before the purchase of a Care Plan in the Application. The Care Plan may include, in particular, services such as Telecounseling, home visits, in-person visits to a Doctor One Specialist's office;
2. Doctor.One Patient Application or Application - the "Doctor.One Patient" mobile application, available for download in the Google Play store and Apple App Store, through which Doctor One provides the services described in the Terms and Conditions;
3. Pricelist - there is no classic price list in the form of a single document in our Application, due to the large number of Doctor One Specialists who provide services to Patients on behalf of Doctor One and independently determine the price of the services they provide. Using certain functionalities of the Application, before ordering a certain service, the Patient is informed of its exact cost. A price list in this connection is any information containing an indication of the prices of services provided through the Application;
4. 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;
5. Account - a set of resources in the Application, marked with an individual name (phone number or email) and protected by a password provided by the User, in which the User's data is collected;
6. Newsletter - a service provided electronically by Doctor One, consisting of enabling interested Users to receive, at the e-mail address provided, the most important information related to the Site and the Application, as well as health promotion content;
7. Patient - Main Patient and Related Patient;
8. 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;
9. 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;
10. Privacy Policy - a document describing the rules for the processing of personal data of Users and Patients by Doctor One, which is available at: https://www.doctor.one/polityka-prywatnosci;
11. Terms and Conditions - these Terms and Conditions of the Doctor.One Patient Application and the Doctor One Service; the User may 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-pacjenta;
12. Service - the website operated by Doctor One at the following address https://www.doctor.one;
13. 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;
14. 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 Doctor One's Terms and Conditions, and (ii) at least one Patient has a Plan of Care purchased from him/her, and (iii) provides health care services on behalf of Doctor One's medical entity to Patients who have an active Plan of Care purchased from that Specialist;
15. Subscription - a fixed fee of a scheduled nature, charged to the Primary Patient in accordance with the Price List and at the intervals specified in the Care Plan; under this fee, the Patient obtains the use of health services provided by Doctor One Specialists to the extent relevant to the Care Plan purchased by the Primary Patient and under the terms and conditions specified in the Regulations;
16. Telecounseling - health care services provided to a Patient by a Doctor One Specialist via means of remote communication, including, in particular, the use of an Application;
17. Agreement - an agreement between Doctor One and the User (including the Primary Patient) for the provision by Doctor One of services selected by the User (including the Primary Patient), provided electronically;
18. Law on Consumer Rights - Law of 30.05.2014 on consumer rights;
19. User - a person who uses the services provided electronically by Doctor One, consisting of providing the Doctor.One Patient Application and the Service;
20. Appendix No. 1 - Specimens of authorizations to obtain information about the User's health, to access the User's medical records, and to receive prescriptions and orders for medical devices on behalf of the User;
21. Appendix No. 2 - Information on specific risks associated with the use of electronically provided services.
22. Appendix No. 3 - Model statement of withdrawal from the Agreement.
    

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

1. establishing an Account;
2. Enabling and facilitating communication with Specialists, including through text messages, uploading files, images and videos, and voice messages;
3. storing in electronic form the User's health records, which will be uploaded independently by the User to the Application, without the possibility of sharing such records with Specialists;
   
4. To enable the use of other features available to Users on the Website or Application;
   
5. Newsletter.
   

1. Purchase of services included in the Care Plan in exchange for a Subscription;
2. Enabling e-consultations and medical recommendations for health services included in the Patient's purchased Care Plan, in particular within the framework of Telecounseling;
3. Enabling home and in-person appointments made by Doctor One Specialists;
   
4. collecting data on the health status of Patients and storing medical records relating to health services provided to the Patient, as well as sharing such information with Doctor One Specialists.
   
   

1. The condition for the User to use the services referred to in § 2.1. is to register in the Application and create an Account.
2. The health services provided to Patients referred to in § 2.2 above include in their scope only the activities indicated in the Care Plan selected by the Patient. The condition for the Patient to benefit from the health services provided by Doctor One Specialists is to have an active Care Plan.
3. Health services are provided to Patients during the hours indicated in detail in the work schedules of individual Doctor One Specialists and in accordance with the selected Plan of Care, excluding public holidays.
   
4. For the avoidance of doubt, Doctor One informs that it does not provide health services through the Application to Users who are not Patients, i.e. who do not have an active Care Plan with a Doctor One Specialist. Users who are not Patients may keep records related to their health condition and communicate with Specialists only within the free functionalities of the Application referred to in § 2.1 above.
   

§ 3 Basic rules of using the Doctor.One Patient service and application

1. The User of the Application may be only a person of full legal age and full legal capacity. By accepting the Regulations, the User declares that he/she meets the requirements specified in the preceding sentence.
2. Each User shall use the Application and the Website in a manner consistent with the Regulations, applicable law, rules of social coexistence and good morals. It is forbidden to use the Website and the Application to provide content of an unlawful nature, and to undertake any actions within the Website and the Application that violate the rights of third parties.
3. When using the services provided by Doctor One, the User is obliged not to use words generally considered abusive or vulgar, and to behave and communicate in a manner that does not violate the personal rights of Doctor One staff members. Violation of this prohibition:
   1. by the User - entitles Doctor One to terminate the Agreement with immediate effect;
   2. by the Patient - in particularly justified cases, entitles Doctor One to refuse to provide services to the Patient and to terminate the Agreement with immediate effect, provided that the delay in providing assistance to the Patient does not cause a danger of loss of life, serious bodily injury or serious disorder of health of that Patient.

1. When using the Application and the Service, each User is obligated to provide true and factual information about himself/herself. The safety of the User and the effectiveness of the services provided to the User depend on the User's compliance with this obligation.
2. Subject to the provisions of § 5, it is prohibited to share an Account with other Users or third parties, as well as to use Accounts belonging to other Users.
3. The password that allows the User to log in to the Website or the Application is private and confidential - the User is obliged to keep it secret from third parties.
4. Any exchange of passwords between Users is prohibited.
5. Any attempt to introduce harmful data (malware including bots, viruses, spyware, "worms", etc.) to the Service or Application is not allowed.

§ 4 Technical conditions necessary for the use of the service and applications

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, for example, documentation storage, voice messaging) may require that the Application be granted specific permissions to access the resources or tools of the User's mobile device (such as access to the file gallery or microphone). In such case, the User will be prompted in the Application to grant such access in the system settings of his/her mobile device.
2. To use the Service, all you need is any computer, smartphone or tablet with Internet access and the latest version of Google Chrome, Mozilla Firefox or Safari browser installed. Viewing the Service using other web browsers is possible, but may cause malfunctions.
3. The User shall bear the cost of data transmission on his/her own under the terms of contracts with telecommunications operators or other Internet providers.
   
4. Doctor One recommends that Users 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 access by third parties.
   
5. In order to protect the User data available in the Application from unauthorized access by third parties, logging into the Application requires entering a PIN or password each time.
   

§ 5 Primary patient and related patients

1. for Affiliated Patients under the age of 16, with the prior consent of legal or actual guardians for any medical service that Doctor One provides;
2. for Affiliated Patients between the ages of 16 - 18 with the joint consent of the Affiliated Patient and the legal or actual guardian for each medical service.
   

1. In order for a minor to be able to use the health services provided by Doctor One through the Application, the Primary Patient, who is his/her legal or actual guardian, must create an Affiliated Patient Account for him/her. The Primary Patient may create any number of Accounts for Affiliated Patients for whom he or she has legal or actual custody.
2. Due to applicable laws and regulations, an Affiliated Patient may have limited access to the functionality of the Application or health services provided through the Application by Doctor One, or the use of such services may require the prior consent of the Primary Patient.
3. If the Main Patient's health condition does not allow him/her to use the Application independently, he/she may use the services provided by Doctor One with the assistance of a person who has been authorized by the Main Patient to obtain information about the Affiliated Patient's health condition. The Primary Patient may grant such authorization by sending a message to pacjent@doctor.one or by using the relevant functionalities of the Application.

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

1. Correct completion of all required fields of the registration form visible to the User at the 1st launch of the Application;
2. Acceptance of the provisions of the Terms and Conditions and confirmation of familiarization with the Privacy Policy.
   

1. will make the selection of the Care Plan;
2. will provide in the Application the data necessary for the correct payment of the Subscription.
   

1. The Agreement between the User and Doctor One is concluded for an indefinite period of time, when the confirmation of the conclusion of the Agreement is sent to the User, and lasts until the User removes the Application from his/her mobile device.
2. Doctor One confirms the conclusion of the Agreement to the User by sending an e-mail to the address indicated during the registration of the Account.
   
3. The provision of services by Doctor One to the User is based on the Regulations and the provisions of Polish law.
   
4. If a User who is a Primary Patient deletes the Application from his/her device, Affiliated Patients referred to in § 5.1(a) of the Regulations will completely lose the ability to use the health services provided by Doctor One.
   
5. A User who deletes the Application from his/her device shall lose access to its functionality and the data assigned to his/her Account until the Application is reinstalled on his/her device and after he/she has properly logged in again.
   
6. During the period from the deletion of the Application from the mobile device by the Primary Patient until the expiration of the medical record retention period specified by Polish law, it is not possible to completely delete the Patient's Account in the Application. Patient Accounts are deleted by Doctor One automatically, after the expiration of this period. At the express request of the Primary Patient sent to pacjent@doctor.one, Doctor One may deactivate the Primary Patient's Account (i.e. prevent the Primary Patient's data from logging into the Application). Re-activation of the Lead Patient's Account requires contacting Doctor One at the above-mentioned email address.
   
7. A User who violates the Terms and Conditions or uses the Care Plan in violation of its terms may be summoned by Doctor One to cease violations. The summons will be directed via email, to the User's email address and/or phone number provided during registration in the Application and/or within the chat functionality available in the Application. If the summons proves to be ineffective and the User continues to violate the provisions of the Terms and Conditions or the terms of the Care Plan, Doctor One - provided that this does not result in a danger to the User's life, grievous bodily injury or serious health disorder - reserves the right to deactivate the User's Account, which is tantamount to immediate termination of the agreement for the provision of electronic services. In such a situation, the User who is a Patient is not entitled to a refund of the costs incurred for the payment of the Subscription. The provisions of paragraphs 4 - 6 above shall apply accordingly.
   
8. If Doctor One has deleted or deactivated a User's Account for the reasons indicated in paragraph 8 above, the creation of a new Account by the same User or its reactivation requires the User to send a request to pacjent@doctor.one and Doctor One's consent.
   
9. To the extent the Primary Patient enters into a paid contract with Doctor One for the provision of services through the Application, including the purchase of a Care Plan, he/she may withdraw from such contract within 14 days counting from the date of its conclusion, without stating a reason and without incurring costs, subject to paragraph 11 below.
   
10. The Primary Patient purchasing the Care Plan shall not have the right to withdraw from the Contract, as referred to in paragraph 10 above, if the service included in the Care Plan was performed before the expiration of 14 days from the date of conclusion of the Contract, at the express request of the Primary Patient, who was informed prior to the commencement of the services, that after its fulfillment by Doctor One, the Primary Patient will lose the right to withdraw from the Contract and will lose the possibility of obtaining a refund for the first billing period.
    
11. The right of withdrawal from the Agreement referred to in paragraph 10 above may be exercised by the Primary Patient by sending a statement of withdrawal from the Agreement to the e-mail address pacjent@doctor.one. The statement of withdrawal from the Agreement may, but does not have to, be submitted on the form attached as Appendix No. 3 to the Regulations.
    

§ 7 Complaints

1. If the User believes that Doctor One is not providing services in accordance with the Terms of Service, the User 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 the User to supplement it to the extent indicated before processing the complaint.
5. Doctor One will respond to a complaint so submitted within 14 days. The answer to the complaint is sent only to the e-mail address, unless the User requests to receive the answer 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 Subscription and care plan

1. Doctor One provides services to Patients under the Master Care Plan selected by the Patient in exchange for a Subscription. The amount and terms of the Subscription as well as the scope of the Care Plan are visible within the functionality of the Application prior to the purchase of the Care Plan.
2. Unless otherwise indicated in the description of the Plan of Care, under one Plan of Care, the Primary Patient is entitled to receive health care services provided by one Doctor One Specialist.
3. A Primary Patient may have more than one active Care Plan at the same time.
4. Renewal of the Subscription for subsequent periods is automatic after one month, unless the Primary Patient cancels before the end of the current Subscription period.
5. The Main Patient can pay the Subscription only by bank or credit card using the functionality of the Application Payment processing is done by the Stripe payment platform (https://www.stripe.com).
6. Doctor One shall document Subscription payments received in accordance with the provisions of Polish law. The Primary Patient will receive a confirmation of payment along with the required accounting documents to the email address provided at the time of payment.
7. Proper payment of the Subscription is a condition for using the Care Plan. The Subscription must be paid before Doctor One provides the service. Doctor One will begin providing Care Plan services immediately upon entering into an agreement with the Primary Patient if the Primary Patient has requested immediate access to Care Plan services.
8. The Primary Patient may cancel the Subscription through the Application at any time, but the Care Plan will remain active until the end of the current Subscription period in accordance with the rules set forth in paragraph 4 above.

§ 9 General principles of providing health services

1. Doctor One provides health services to Patients through the Application, as well as in-patient during home visits made by Doctor One Specialists and in-patient visits made at the offices of Doctor One Specialists. The detailed scope of health services available to the Patient and their cost depend on the Care Plan purchased under the Subscription.
2. Doctor One undertakes to ensure the confidentiality of information provided in the course of providing services, including, in particular, Teleportation, using appropriate technical and organizational means, as well as the integrity, confidentiality and permanence of all data concerning the Patient's health status recorded in connection with the use of health services by the Patient.
3. Prior to the first use of services provided through the Application, the Patient is required to confirm his/her identity through a video call initiated by a Doctor One Specialist, in a manner that allows proper identification of the Patient.
4. Doctor One's primary form of providing health care services is chat with a Doctor One Specialist selected by the Patient when purchasing a Care Plan. Within the chat, the Patient has the possibility of unlimited consultations with the selected Doctor One Specialist. The consultations are ongoing and asynchronous. This means that the Doctor One Specialist answers the Patient's questions immediately, at the latest during the hours of the so-called closest staff member's rounds, which are indicated in the description of the Care Plan. However, the Doctor One Specialist is not available for chat on a continuous basis.
5. The patient may send his/her chat inquiries at any time, but will receive a response according to the rules described in paragraph 4 above.
6. During the provision of chat health services, a Doctor One Specialist shall make an initial assessment of the Patient's condition and determine whether the form of service provision used is sufficient for the current health problem or whether there are circumstances that warrant a consultation in the form of a Teleportation, an in-person visit, a home visit, or the provision of another medical service to the Patient, with the Doctor One Specialist providing only services that are feasible in the form included in the active Plan of Care.
7. The diagnosis made by the Doctor One Specialist is based on the patient's history and available medical records.
8. The provision of health services to the Patient is recorded in the Patient's medical records in accordance with applicable laws.
9. If the Patient has doubts about his or her health condition or his or her well-being is deteriorating, the Patient in any case should immediately go directly to the nearest hospital emergency department or consult a doctor, rather than waiting to get an answer on the Application.
10. The services provided through the Application are in no way a substitute for examinations performed directly by medical personnel in health care facilities, including, in particular:
    
    1. When the Patient's health condition indicates the need for examinations that are impossible to perform in the forms available in the Application;
    2. when it is not possible to determine the diagnostic or therapeutic procedure on the basis of the information collected during the services provided through the Application;
    3. When there are symptoms of a vague nature, significant intensity, unremitting over time, which are the cause of significant anxiety for the patient.
       

§ 10 Teleportation

1. Doctor One provides Teleprompting using the functionality of the Application at the time agreed upon with the Patient.
2. Teleportation takes place in the form of a text chat, phone call or video conference using the Application.
3. The Patient is informed in the Application about the date of the Teleportation.
4. Doctor One establishes a connection with the Patient to provide Teleportation via the App.
5. Depending on the form in which the Teleportation is conducted, it begins: (a) when the Doctor One Specialist makes a telephone call or video call to the Patient; (b) when the Doctor One Specialist answers the Patient in a chat room.
6. If the Patient is not contacted within the Teleporada timeframe or if the connection is interrupted during the Teleporada, the Doctor One Specialist shall attempt to establish or restore the connection three times for the purpose of giving the Teleporada at an interval of not less than 5 minutes. If the initial diagnosis and the information gathered during the Teleporada indicate that the Patient is not in a life- or health-threatening condition, or if the Patient's absence or inability to establish a connection is due to reasons for which Doctor One is not responsible, this excludes Doctor One's responsibility and relieves Doctor One of the need to provide a Teleporada within the established timeframe and further contact attempts. In the event that the Teleporada is interrupted during the course of the Teleporada, the failure of the Patient to contact the Doctor One within the time period indicated above shall be tantamount to the termination of the Teleporada. In a situation in which Doctor One, based on the history or circumstances, has reason to believe that the Patient may be in a situation of imminent danger to life or health, Doctor One shall attempt to make contact with the User on the terms described above, and in the absence of a response from the Patient, shall take further steps necessary to save the Patient's life or health, including calling for medical assistance directly to the Patient's last ascertainable address.
7. In the event of the need for a Teleportation by an Affiliated Patient, the Primary Patient is informed of this fact and, in cases provided for by law, also of the need to consent to the medical service provided by Doctor One.
8. If, in the course of providing Teleportation, due to the Patient's health condition or health problem, circumstances requiring direct contact for the purpose of receiving health care services become apparent, the Patient will be immediately informed of such fact.
9. In order to manage the quality of the services it provides, Doctor One may conduct a Patient satisfaction survey via the Application or email after a completed Teleportation. The Patient's responses to the survey may also, with the Patient's consent, be published on the Application and the Service. Both expressing an opinion about Doctor One Specialists or the course of the Teleportation, as well as giving Doctor One permission to share it, are voluntary. If the Patient agrees to publish the content of the opinion, it will be visible to other Users of the Application and the Service.

§ 11 Intellectual property

1. Doctor One grants you a non-exclusive, territorially unlimited license to use the Application for the term of the Agreement. The User may not sublicense, and the license itself may not be transferred to another entity without the express consent of Doctor One.
2. All photos and other materials (including texts, graphics, logos) posted on the Website or 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 on the Service or 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 images, graphics, text and other materials from the Website or 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 User is obliged to refrain from copying, modifying, distributing, transmitting or otherwise exploiting any content protected by intellectual property rights that Doctor One is entitled to, made available on the Website or in the Application, except for use within the scope of permitted use. Any interference or use of the source code of the Application is also prohibited.

§ 12 Personal data protection

1. The rules for processing personal data of Users, including Patients, are defined in the Privacy Policy.

§ 13 Liability

1. Doctor One shall not be liable for any failure to perform or improper performance of its obligations resulting from the User's failure to meet the requirements and violations of the rules, as set forth in the Terms and Conditions or the Agreement. In particular, Doctor One will not be responsible for any interruptions or difficulties in the provision of services, including Teleporades, caused by poor quality or unstable Internet connection on the part of the Patient.
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 or the User, 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 jurisprudence of Polish courts.
3. To the extent that Users use the Application without being Patients, Doctor One shall act solely as a provider of the Application to enable the functionality described in § 2.1, including storing health records and facilitating Users' communication with Specialists. Doctor One assumes no responsibility for the consequences of advice or recommendations provided by Specialists through the Application to Users who are not Patients.
4. Unless otherwise provided by mandatory provisions of law, Doctor One's aggregate contractual and tort liability to the User or Patient related to the performance of the Agreement and the provision of services referred to in § 2.1 and 2.2 is limited to the amount of PLN 1,000 (one thousand).

§ 14 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: pacjent@doctor.one;
4. Via telephone - at +48 513 455 129.
   

1. Doctor One reserves the right to impose restrictions on the use of the Website or the Application 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 Users about all limitations in advance.
2. Doctor One may amend the Terms of Service only for important reasons, i.e. in case of expansion or limitation 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 Service or 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 any changes by sending information about the changes to the User's e-mail address or directly through the Service or Application. The changes will become effective no earlier than 14 days after the date of informing the User about the changes, unless the User accepts the wording of the amended Terms and Conditions earlier via the Application.
3. Changes made to the Regulations are not intended to violate the rights acquired by Users before the changes were made.
4. Any disputes between Doctor One and Users 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 its term, without obtaining your consent.
   
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 16, 2023, or as of the date of acceptance of the Regulations as amended by the User - whichever comes first.