Skelviewer Application Terms and Conditions
I. GENERAL PROVISIONS
1. These Terms and Conditions set forth the principles of use of the u201cSkelvieweru201d Application (hereinafter referred to as Application) and constitute the regulations within the meaning
of article 8 of Act of 18 July, 2002 on Providing Services by Electronic Means.
2. The owner of this Application is LOG MY DAY SP. Z O.O. based in Warsaw, 67/309 Pilecki Street, code 02-781, TAX NUMBER: 5252476638, REGON: 142358119, NCR No. 0000352601 (hereinafter referred to as Service Provider).
3. The Service Provider renders services by electronic means in accordance with the Terms and Conditions.
4. The Application User within the meaning of the Terms and Conditions is the individual who installs the Application and completes the registration process.
5. The Application User must comply with these Terms and Conditions as of the moment
II. HOW TO USE AND OPERATE THE APPLICATION
1. To use the Application, you need an Android device (Version 8.00 or higher) or iOS.
2. To use the Application, you need Internet access for downloading 3D bone models. The cost
of connecting the mobile device to Internet network is charged to the Application User, subject to their telecommunications operator’s charges.
3. To use all the functionality of the Application, you must register by entering a user name, email address, and password.
4. Services provided through the Application include in particular:
– giving access to 3D bones models through the Application,
– viewing structures and bone anatomy in the Application.
5. The Service Provider shall ensure that the content of the Application is correct, but shall not provide any guarantee, in particular as to the accuracy of the details on bone models, the accuracy of the structure description and the correctness of the bone anatomy designation.
III. INTELLECTUAL PROPERTY
1. The Application, in particular bone models and logos, shall be the subject of the copyright of the Service Provider.
2. As soon as the Application is downloaded on Useru2019s mobile device, the Service Provider grants the User an exclusive license to use the Application for downloading it to their mobile device and installing and starting it on their mobile device.
3. The Application User is entitled to use free and paid 3D bone models (upon payment of a fee).
4. The User is not entitled to use the Application for profit. The User is not entitled to share the Application and its content with another party, in particular the 3D bone models.
5. In particular, the User is not entitled to distribute installation versions, source software codes, share Application content, and distribute the graphical or text elements that make up the Application.
6. The User is not entitled to decompile, disassemble or perform any other activities with the Application provided.
7. The User is not authorized to perform any other activities related to unauthorized access
to database contents or to attach any other software that uses the contents of the databases
IV. RIGHTS ON INTANGIBLE PROPERTY
1. The content provided by the Application, the trademarks, logos, models, photographs, multimedia contents used therein, and any other works contained therein, within the meaning of Act of 4 February 1994 on Copyright and Related Rights enjoy the protection provided
by the laws of general law.
2. Using the Application does not imply any rights to intangible property in the Application.
In particular, you may not copy, distribute, use or modify any component of the Application without prior written permission of the Service Provider.
V. DURATION AND RESIGNATION FROM THE SERVICES
1. When sharing paid content (3D bone models), the Service Provider undertakes to provide the service for a period of 12 months from the date of payment of the subscription fee.
2. The User may opt to withdraw from using the service in whole or in part at any time.
3. Withdrawal in whole from services occurs by deleting a User account.
VI. COMPLAINTS PROCEDURE
1. Claims for the services may be submitted by posting an email to: email@example.com.
2. The content of any claim for failure to perform or improper performance of the service should include:
a. contact information (name, username, email),
b. a precise description of the service failure which has occurred, including a list of the steps that led to the irregularity,
c. the time of occurrence and the duration of the irregularities indicated,
d. shots from the mobile device screen showing the failure or improper performance
of the service.
3. Claims shall be processed by the Supplier without delay and no later than 14 calendar days from the date of receipt of the claim. If additional verification is necessary, the Service Provider reserves the right to extend this period, but not later than 30 calendar days from the date of receipt of the complaint.
4. The Service Provider shall inform User of the outcome of the complaint by e-mail sent to the address from which the complaint was sent.
VII. MAINTENANCE AND SERVICE BREAKS
1. The Service Provider shall ensure that the use of the Application is carried out without significant interruption or other disruption, but shall not make any warranty, in particular as to the quality of the Application, its suitability for any purpose, or as to the absence of any apparent or hidden physical or legal defects.
2. The Service Provider shall have the right to disable access to the Application at any time for maintenance, repair or necessary improvement.
3. Application technical interruptions cannot be a basis for reporting any claims by Users or any other persons.
VIII. FINAL PROVISIONS
1. The Service Provider reserves the right to modify the content of these Terms and Conditions.
2. The Service Provider will notify each User of any changes to the Terms and Conditions by the means of the mobile application or email.
3. The Amended Terms and Conditions are binding for the Service Provider unless the Service Provider uninstalls the Application within 7 days of the date of notification of the Terms and Conditions changes.
4. Any disputes the Supplier and the Recipient undertake to settle by mutual negotiation and, if no agreement is reached within 30 days from the commencement of the negotiations, such disputes shall be submitted to settlement of the common court of law competent for the Service Provider’s registered office.
5. The User is entitled to the right to pursue legal proceedings for contractual claims after the warranty claim procedure has been exhausted.
6. If any provision of the Terms and Conditions is, or becomes, invalid or ineffective, it shall not affect the validity of any other provision of the Terms and Conditions.
7. To matters not covered by the Terms and Conditions, provisions of universally binding law of the Republic of Poland shall apply.
8. The Terms and Conditions apply from 12.10.2021.