Terms of service

1. Who operates the website

The website at zenmed.pl is operated by ZenMed App Sp. z o.o., ul. Jana Kazimierza 53/178, 01-267 Warszawa, Poland. Registered with Sąd Rejonowy dla m.st. Warszawy w Warszawie, KRS 0001239438, Tax ID (NIP) 5273217741, REGON 544645900. Share capital: PLN 5,000.00. Email: [email protected].

In this document the company is referred to as the Provider and the person using the website as the User. The terms set out the rules for providing services by electronic means and are made available free of charge, before any agreement is concluded, in a form that can be downloaded, reproduced and stored.

2. What services the website provides

Every service described in this section is free of charge.

These terms cover the zenmed.pl website only. They do not govern the use of the ZenMed application (zenmed.app), which is the paid practice management system. The application runs under a separate agreement concluded with the practice and under its own terms, to which this document does not apply. The difference matters: the application processes patient data and involves a data processing agreement and a paid subscription, while the zenmed.pl website only provides information and free tools.

The services are addressed to entities carrying out medical activity and to people who run or plan to run such activity, and the content concerns running a practice. That does not change the position of a User who is nonetheless a consumer: all the rights described in sections 5 and 11 then apply.

• Access to the website content, that is information pages, blog articles and industry reports, with no account required.
• Practice audit (/audyt-placowki/), an automated analysis of the publicly available website and business listing indicated by the User, ending in a score. The full report is sent to the email address provided and made available under an individual link for 90 days.
• Practice opening checklist (/checklista-otwarcia-placowki/), an interactive task list with a readiness counter. The full version as a PDF file is sent to the email address provided.
• Contact form and demo booking, that is passing on an inquiry and arranging a call with the Provider's team.

The User pays nothing for the audit report, the PDF checklist or an answer to an inquiry, but does provide an email address, and when ordering the report or the checklist also gives consent to be contacted for commercial purposes. That consent can be withdrawn at any time, as described in section 4.

3. What you need in order to use the website

Technical requirements:

• a device with internet access,
• a current web browser with JavaScript enabled (the interactive tools will not work without JavaScript),
• cookie support to the extent necessary for the website to function,
• a working email address, if the User orders the report, the checklist or contact.

Using the internet carries the risks typical of that medium, in particular malicious software and interception of transmissions by unauthorized parties. The Provider uses an encrypted connection (HTTPS); the User should use up-to-date software on their own side.

The User must not supply unlawful content. It is also prohibited to enter somebody else's email address in the forms without their knowledge, and to take actions that disrupt the website, including automated content scraping and attempts to circumvent request limits. The audit may be run for any publicly available website, including one that is not yours: the tool reads only what any visitor sees anyway.

4. How an agreement is concluded and terminated

The agreement for access to the content is concluded the moment a page of the website is opened and terminates the moment it is left. It requires no declarations and no acceptance of these terms, which for that purpose are made available through the link in the footer of every page.

The agreement for the audit, the checklist or contact is concluded the moment the User submits the form. It terminates once the service has been performed in full, that is after the 90 days of report availability for the audit, and on sending the file or the reply for the checklist and contact.

Submitting the form constitutes acceptance of these terms. A link to the terms sits next to every submit button so that the User can read them before concluding the agreement, and save and reproduce them. Separately, when ordering the report or the checklist, the User ticks a consent to be contacted for commercial purposes: that is a distinct declaration which need not be given and can be withdrawn, and we do not mix it with acceptance of these terms.

The User may stop using the website at any time, and may stop the report being sent by writing to [email protected]. Consent to commercial contact can be withdrawn at any moment and this does not affect the lawfulness of anything done beforehand.

The Provider may refuse to provide a service or block access for a User who breaches the prohibitions in section 3, to the extent and for the time needed to remove the breach. We give notice of the reason to the email address, if one was provided.

5. Withdrawal by a consumer

This section concerns a User who is a consumer, and a natural person concluding an agreement directly connected with their business activity where the agreement is not of a professional character for them.

Ordering the audit report, the checklist or contact is a distance agreement. Such an agreement carries a right of withdrawal within 14 days of its conclusion, without giving a reason and without incurring costs. A statement sent to [email protected] or in writing to the registered address is sufficient; the statutory model withdrawal form may be used but is not required.

The services are free, so withdrawal does not involve a refund. In practice it means we stop providing the service: we disable the link to the report, end the contact and delete the User's data, unless we are required to keep it by law.

We send the report and the checklist immediately after the form is submitted, because that is the point of those tools. Performing the service does not remove the right of withdrawal: the statutory exclusions concern agreements for which the consumer pays a price, and our services are free. The 14 days therefore run regardless of the report having already arrived.

6. The nature of the content and of the tool results

The content published on the website, including blog articles, industry reports and the results of the free tools, is informational and educational. It does not constitute legal, tax, medical or marketing advice, does not create an advisory relationship and does not replace a consultation with a lawyer, a tax adviser, an accountant or the competent authority.

In particular, giving advice and explanations concerning tax obligations is an activity reserved for licensed tax advisers under Polish law. The Provider does not perform such activities, and information about taxes on the website is a general discussion of the legal position, not an assessment of any individual User's situation.

The content describes the legal position as at the date indicated with each item. Legislation, official interpretations and the positions of authorities change, and some questions remain disputed and unresolved by the courts. Before making a decision the User should verify their own case with a specialist.

Involvement of artificial intelligence. The practice audit score is produced automatically, and the summary and recommendations in the report are composed by a language model from data gathered from the indicated website. The model can be wrong, can miss the context of the practice and can produce recommendations unsuited to its situation, including the restrictions on advertising by medical entities under Polish law. The result requires verification before it is acted on. The Provider does not guarantee any particular outcome, including an increase in the number of patients.

7. Personal data and cookies

The rules for processing personal data are described in the Privacy policy, and the rules for using cookies in the Cookie policy. Both documents supplement these terms.

8. Copyright

The content of the website, including texts, graphics, infographics and page layouts, is protected by copyright and belongs to the Provider or is used under appropriate permissions.

The User may use the content within the limits of permitted use. Quoting and sharing data from the industry reports is allowed provided the source is named together with a link to the website. Reproducing the content for commercial purposes, including publishing it in your own materials without naming the source, requires the Provider's consent.

9. Availability of the website

The Provider makes every effort to keep the website running without interruption but reserves the possibility of technical breaks and temporary unavailability of the tools, in particular resulting from the limits of the external services they use. The free tools may be changed or withdrawn. We give notice of longer planned breaks on the website, as far as they are known to us in advance.

10. Liability

The Provider is liable for non-performance or improper performance of the services described in section 2 on the general principles of the Polish Civil Code. Nothing in these terms excludes or limits the Provider's liability for damage caused intentionally, for personal injury, or any liability which under mandatory law cannot be excluded.

To the extent permitted by law, the Provider is not liable for the consequences of decisions taken by the User solely on the basis of the website content or the result of a free tool, nor for the correctness of data retrieved from external services and public registers whose content it does not influence. Nor is it liable for the operation of third party websites to which links lead.

The limitations in the preceding paragraph do not apply to consumers, nor to natural persons concluding an agreement directly connected with their business activity where it is not of a professional character for them, to the extent that they would be impermissible against them.

11. Complaints

A complaint about services provided by electronic means can be submitted to [email protected] or in writing to the Provider's registered address.

A complaint should contain:

• identification of the User, including an email address for correspondence,
• the service it concerns (for example the practice audit, together with the address of the site examined),
• a description of the objections and how you expect the matter to be resolved.

We reply within 14 days of receiving the complaint, to the email address it was sent from or to the correspondence address indicated. If the information provided does not allow the matter to be examined, we will ask for it to be completed before that deadline. For a consumer, failure to reply within that period means the complaint is upheld.

A consumer additionally has the rights arising from a digital service not conforming to the agreement. A complaint on that basis is submitted in the same way.

A consumer may use out-of-court complaint and redress procedures, including the assistance of a municipal or district consumer ombudsman and proceedings before the provincial inspector of the Trade Inspection. The register of competent bodies is kept by the Polish competition and consumer protection authority at polubowne.uokik.gov.pl. A consumer resident in another EU member state may also turn to the competent body in their own country. Using these routes is voluntary for both sides.

12. Changes to the terms

The Provider may change these terms, in particular where the law, the scope of the services or the technical conditions of providing them change. Amended terms are published on the website together with the date of the update. Services already started before a change are governed by the terms as they stood when use of the service began.

13. Final provisions

Matters not governed by these terms are subject to Polish law, in particular the Civil Code, the Act on providing services by electronic means and, toward consumers, the Consumer Rights Act. The choice of Polish law does not deprive a consumer of the protection arising from the mandatory provisions of the country of their habitual residence.

Disputes with a User who is not a consumer are settled by the court having jurisdiction over the Provider's registered office. Disputes with a consumer are settled by the court having jurisdiction under the general rules.

The Polish text of these terms prevails. The authoritative version is available at zenmed.pl/regulamin.