§ 1 General Provisions
The following Rules specify the conditions of functioning and use of the website, later on referred to as the “Web”, located at https://www.diagnomatic.com.
The Rules particularize the rights and obligations of the registered Users as well as the rights, obligations and scope of liability of the Administrator, responsible for managing and running the Web. At the moment of registration, each new User is obliged to familiarize himself or herself with the Rules and can undertake further actions on prior consent to, and acceptance of, all of its provisions.
The following Rules are available at https://www.diagnomatic.com.
The owner and Administrator of the Web is Pro-Project Group sp. z o.o. (previously Pro-Project Henryk Kartaszyński) with its registered office in Lublin (20-601) adress: ul. Tomasza Zana 11a, entered into the register of entrepreneurs kept by District Court Lublin-Wschód in Lublin with seat in Świdnik, VI Commercial Division KRS, under number KRS: 0000928499.
The purpose of the Web is to create for the Users a transparent archive of Test Results from any number of devices for image diagnostics and an automatized analysis of phantom images with a possibility of verifying which test has not been passed, with indicating the cause thereof.
The moment each User initiates actions aiming at using the Web, he or she is obliged to observe the following Rules.
One should get familiar with the following Rules before opening an account in the Web.
§ 2 Definitions
The terms and expressions used in the Rules have the following meanings:
Rules – an aggregate of provisions that must be accepted by the User intending to use the Web, constituting a complete body of provisions between the User and the Web’s Administrator with reference to all and any rules of using the Web;
Web – the website located at https://www.diagnomatic.com, as an online platform administered by Pro-Project Group sp. z o.o. with its registered office in Lublin (20-601) adress: ul. Tomasza Zana 11a, entered into the register of entrepreneurs kept by District Court Lublin-Wschód in Lublin, VI Commercial Division KRS, under number KRS: 0000928499, which among others consists of complex services provided electronically to the Users; Administrator – the entity owning the Web and responsible for its management and running, which is Pro-Project Group sp. z o.o. with its registered office in Lublin (20-601) adress: ul. Tomasza Zana 11a, entered into the register of entrepreneurs kept by District Court Lublin-Wschód in Lublin, VI Commercial Division KRS, under number KRS: 0000928499;
User – a natural or legal person or an organizational entity without legal personality using the Web and its services;
User Account – an account in the Web opened by the User in accordance with the Rules;
Diagnomatic – diagnomatic.com, otherwise referred to as the Web;
Test Results – data and images created as part of the use of the Diagnomatic system.
§ 3 Basic information and technical conditions of using the Web
- The Web’s Administrator and owner is Pro-Project Group sp. z o.o. with its registered office in Lublin (20-601) adress: ul. Tomasza Zana 11a, entered into the register of entrepreneurs kept by District Court Lublin-Wschód in Lublin, VI Commercial Division KRS, under number KRS: 0000928499.
- In order to use the Web, it is mandatory to possess equipment making it possible to use internet resources, an e-mail account and a web browser displaying WWW sites (it is recommended that the latest web browsers should be used, with cookie files handling on).
- In order to properly use the services provided by the Web, it is necessary to possess the following software: an up-to-date Google Chrome web browser, Firefox, Microsoft Edge or Safari as well as Adobe Reader version 11.
- While using the Web, one should: ⎯ observe the rules of safe internet use; ⎯ use antivirus programs and firewalls, updating them on an ongoing basis.
- Pro-Project shall not be held liable for any damage or results of not adhering to the above requirements.
- Registration takes place through filling up a registration form available on the Web’s home page.
- In order to start the Web, one should do the following:
⎯ register in the Web giving an email address and a unique password;
⎯ activate the account by using the activation link sent automatically to the email address given at registration in the Web;
⎯ in the licence tab, enter the correct key for the Diagnomatic licence purchased / use the promotion key obtained along with the Diagnomatic licence.
- Using the Web is payable (except for promotional actions).
- In order to use the Web’s services, the User must each time log into the Web through the logging form available at https://app.diagnomatic.com/login?r=%2F.
- The User is obliged to protect the licence / promotion key received as well as the password, especially not to share it with unauthorised persons.
- The Users’ Accounts are the sole property of the Web’s Administrator. The User must not transfer the account for a fee or free of charge to other Users or third parties.
- The Administrator shall not be held liable for events being the result of:
⎯ a failure to send in the data on time;
⎯ sending in incorrect data;
⎯ sharing the account, the key or the password with unauthorised persons.
- Technical conditions of using the Web are essential to the Web’s accurate operation, its proper appearance in an online browser used by the User, as well as for the User’s data safety saved in the Web’s Account. Each and every User should observe the above terms and guidelines, and any activities undertaken differently by the User (intentionally or unintentionally) are his sole liability.
§ 4 Services
- Through the Web, the Users are capable of:
⎯ creating a transparent Test Results archive for any number of radiological devices;
⎯ automatically analysing images of test sets for quality control;
⎯ verifying which test has not been passed with indicating the reason;
⎯ defining the scope of tests performed separately for each test carried out;
⎯ printing reports.
- The scope of access or the scope and the way of providing the individual services of the Web
– both already in existence and those to be created in the future
– can be modified at any time (expanded or limited) by the Administrator, which also pertains to the possibility of adding or removing individual services by the User. The above may be dependent on the requirement of meeting extra conditions on the part of the User.
- The Administrator makes a commitment to provide information in the Web of any changes in the scope of services and the reasons thereof .
§ 5 Rules of using the Web
- It is deemed illegitimate to use the Web, its functionalities at any level or the individual extra services for other purposes – contradictory of, or improper for, the Web’s character and subject matter.
- Using the Web’s contents for a different purpose than that arising from the Web’s character and subject matter requires written consent from the Web’s Administrator. Without consent of the Web’s Administrator it is prohibited to copy all or part of the contents, make changes, duplicate or use them commercially in any other way. The User acknowledges that the contents presented in the Web are subject to protection based on Copyright Act and related acts as well as other regulations.
§ 6 Liability
- The Administrator will make every effort to ensure that the Web and all the services made available in it operate continuously and without any interruptions, but the Administrator shall not be held liable for any interruptions lying outside of the Administrator’s influence or those caused by force majeure or an unauthorized interference on the part of the User or third parties.
- The Pro-Project Group sp. z o.o. shall not be held liable for any damage or losses incurred by the User arising from his using the service or from lack of access to it.
- The Administrator reserves the right to a temporary, total or partial shut off of the Web or the individual elements making up the Web in order to improve it, add services or carry out maintenance works, without having to notify the Users about it beforehand.
- Without the Administrator’s consent, it is prohibited to copy, spread or use in any other way, as a whole or in parts, any information, data, multimedia materials or other contents from the Web, except for cases of legal use in harmony with Copyright Act and related acts of 4 Feb. 1994 (i.e. Journal of Laws of 2021, item 1062, with later amendments).
§ 7 Complaints procedure
- Disruptions in the Web’s operation can be complained about by the User by reporting dysfunctions to the Administrator by email at email@example.com.
- The complaint shall be examined within seven days from the date the complaint reaches the Web’s Administrator along with the justification of the stand taken in it. In justified cases, the above period may be extended.
- The Administrator reserves the right to leave the complaint unanswered if it should deal with dysfunctions arising from ignorance of the Rules, failure to comply with the directions given to the Users on an ongoing basis through the Web or directly by the Administrator.
- The Administrator reserves the right to interfere in the technical structure of the User’s Account in order to diagnose any irregularities in the operation of the Web’s services, as well as to make changes and in any other way to affect the technical side of the Account in order to modify it or restore the Account’s or the Web’s normal operation.
- Complaints procedure does not involve having to pay any fees.
§ 8 Changes to the Rules
Any provisions of the Rules may be changed by the Administrator. The changes shall be made available on an ongoing basis in the form of the unified text of the Rules through the Web, along with information about them having taken place.
§ 9 License
- The Test Results are the property of the User.
- The Administrator is entitled to access the Test Results, analyse them and use them for internal purposes, and to use them as part of training courses, presentations, etc., in particular to test the quality of their devices and improve the provided services. To the extent that the Test Results constitute works within the meaning of Art. 1 of the Copyright Act and related acts of 4 Feb. 1994 (i.e. Journal of Laws of 2021, item 1062, with later amendments), the User grants the Administrator a royalty-free license without territorial restrictions, with the right to grant sub-licenses, for the Administrator's internal purposes in accordance with the preceding sentence, for the duration of the User's use of the Web and for a period of 10 (ten) years after its termination, to use the Test Results in all fields of exploitation necessary to achieve the Administrator's goals, including reproduction by any technique.
- The Administrator may dispose of and use the studies of Test Results and consent to the exercise of derivative rights.
- Users undertake not to exercise the moral rights to the Test Results against the Administrator and entities that the Administrator authorises to use the Test Results.
§ 10 Data protection in the Web
- The Administrator takes all actions in order to protect the Users’ data as well as any other data entered in the Web by the User. The Administrator also makes a commitment not to share with third parties any data entered in the Application by the User.
- The data referred to in the Rules are collected and processed for purposes referred to in the Rules and for the Web to operate correctly.
- The data entered by the User in the Web are his property. The Administrator is not responsible for data contents entered in the Web by the User.
- The User has the right of access to the data entered by him in the Web at any time, and is authorised to change them.
- The Administrator is obliged to provide the User with access to current information about:
⎯ particular threats connected with using the service provided electronically;
⎯ function and purpose of the software or data not being part of the service contents, provided by the Administrator in the Web used by the User.
- The User’s personal data are processed in accordance with provisions of the general regulation on personal data protection of 27 April 2016 (Journal of Laws of the EU L 119 of 4 May 2016), in particular in order to execute an agreement whose party is the person the data deal with, or to undertake action on application of the person the data deal with – based on Art. 6, section 1, letter b of the general regulation on personal data protection of 27 April 2016.
§ 11 Final provisions
- The Web does not collect and does not share the Users’ personal data. While registering in the Web, the User is obliged to give only an email address and a password.
- The Rules constitute the totality of internal provisions between the Administrator and the User.
- By accepting the Rules, the User declares he or she has taken notice of the entirety of all of its provisions, does not make any objections to their contents or form, and consents to comply with the total of the Rules’ provisions.