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Terms of Use of the Mobile Application

Dear User! Thank you for downloading the Antek application. Please read the regulations before using the Application. They explain the application's method and principles of operation and also contain important information regarding your personal data and safety.

The Antek mobile application does not collect or store personal data. Personal data necessary for the application's operation are stored in the phone's memory. Anonymised measurement data and information about the child's age and gender are stored in the Application and made available solely for scientific purposes for the Children's Memorial Health Institute.

The Application allows you to enter the child's data (name/surname/birth data/measurement data/photo—body length and weight) and data regarding the parents' height to predict the child's height. Based on the data, the Application calculates the BMI index. The data refers to accepted medical standards and is displayed on percentile charts.

To use the Application, you must accept the Application's regulations. The Application is free of charge. The Application and related services are provided by ExploreIT sp z o.o.

§ 1. Application

  1. The Provider of the Application (hereinafter "Provider") is ExploreIT sp z o.o., with its registered office in Warsaw (02 -593) at ul. Rostafińskich 4.
  2. "Application" is the Provider's software called "Antek", intended for installation on the User's phone, the use of which takes place under the terms and conditions specified in these Regulations
  3. The Application is used for:
    • Analysis of a child's development against the background of population data
    • Analysis of a child's growth potential
    • Collecting children's developmental data in a database for scientific purposes and making it available to the Children's Memorial Health Institute, hereinafter referred to as IPCZD.
  4. The Application can be downloaded from the Google Play store for phones with the Android system and from the App Store for phones with the iOS system.
  5. Downloading and using the Application is free of charge. The User's use of data transmission services in connection with the download or use of the Application may involve fees charged by the telecommunications operator providing telecommunications services to the User.
  6. Under no circumstances may the Application be used to diagnose specific disease cases.
  7. The Application may not replace a doctor's actual and direct examination of a specific case and patient.
  8. Under no circumstances may the Application be used to make an independent diagnosis or implement independent treatment. It may not replace a direct medical consultation.
  9. The Service Provider is not liable for the Application's unintended use, particularly for using it to diagnose patients.

§ 2. Users

  1. The Application is intended for Users, who may only be natural persons. Users may use the Services provided via the Service only for private purposes. It is prohibited to use the Website for other purposes, including the use of the Website for purposes related to the business activity conducted by you or the business activity undertaken by the entity on whose behalf you are acting. The Service Provider reserves that violating this provision may block the Application for such User.
  2. Users of the Application, within the meaning of these regulations, are all persons who have downloaded the Application from the Google Play Store or Apple Store and installed it on their phones.

§ 3. Technical requirements

  1. The Application is intended for phones with an Android operating system not lower than version 5 (the latest version available on the market is recommended), iOS not lower than version 13, and access to the App Store.
  2. Downloading and activating the Application requires a connection to the Internet.
  3. For the Application to work correctly, the phone on which it is installed:
    • It must have at least 60 MB of free memory;
    • A screen with parameters of at least 320x570;
    • It cannot have any modifications to the operating system installed, in particular modifications that involve breaking the security of the phone manufacturer or the operating system manufacturer (so-called jailbreaking or rooting);
    • It must enable connection to the Internet;
    • The Provider informs that the Application uses the Internet for proper operation.
  4. The Provider informs us that installation of application updates may be necessary for its proper operation: operation and adequate protection of the data contained therein. The Provider recommends installing such updates immediately after they are available via the Google Play platform or the App Store for iOS devices.
  5. The User should install operating system updates according to the manufacturer's recommendations for the telephone and the Android or iOS system. Failure to update the operating system or the Application may lead to a lower level of security when using the Application or even to a data leak from the Application.

§ 4. Creating an account in the Application

  1. When registering an account in the Application, the User only provides an e-mail address. Providing an e-mail address is voluntary but necessary to set up an Account in the Application.
  2. When registering an account in the Application, the User may also provide other data, such as parents' height.
  3. Information about the User's entered data is available in the "profile" application tab.
  4. The User has the right to view and correct their data.
  5. The Service Provider reserves the right to refuse to set up an Account in the Application for a User who already has such an Account and to delete the Account of a User who uses it in a way that is contrary to the principles of social coexistence, exposes the Service Provider to damage, or fails to perform the obligations arising from these regulations.
  6. The User's Account may not be transferred to another User.
  7. The User may not share their Account in the Application with third parties.
  8. The User must secure the login and password for access to the Application against unauthorised access. The consequences of improper data protection are the user's responsibility.

§ 5. Privacy and security

  1. The Antek mobile application does not collect or store personal data. Data necessary for the application's operation is stored in the phone's memory.
  2. The Provider recommends that if the User stops using a given phone, the application be closed before handing the phone over to a third party.
  3. The Provider allows the password to be reset to the Application using a link mechanism sent to the e-mail address provided during registration. In the event of a possible loss of access to the e-mail, the Application allows you to change the e-mail from the user profile level.
  4. By accepting these regulations, the User consents to the export of anonymised data, i.e., the child's ID, date of birth, birth date, gender, measurement data (body length/body weight), and parents' height data, for the purposes of research work carried out by IPCZD.
  5. The Provider informs that it exercises the utmost diligence to ensure a high level of teleinformatic security of the Application. However, the Provider indicates that due to the specificity of information technology, the Application's vulnerability to specific threats may be revealed in the future. For this reason, the Provider recommends updating the Application in accordance with § 3 sec. 5 and indicates that it may issue publicly available recommendations regarding the security principles related to the Application's use.

§ 6. Use of the Application

  1. Upon installation of the Application, the Provider grants the User a license to use the Application under the terms specified in § 5. The license granted is non-exclusive, non-transferable, and does not entitle to grant further licenses (sublicenses).
  2. The license is granted for an indefinite period and without territorial restrictions.
  3. Based on the license granted, the User is entitled to reproduce the Application to the extent necessary to install and use it on the phones owned by the User if these activities are undertaken to use the Application following the Regulations.
  4. Subject to § 5 sec. 3 and exceptions resulting from mandatory law provisions, the User is not entitled to reproduce the Application in any other way or to translate, adapt, change the layout, or introduce any other changes to the Application.

§ 7. Prohibition of sending illegal content

  1. It is prohibited, as part of using the Application, for the User and other persons using the Application to provide content of an illegal nature, violating personal rights or copyrights of third parties, or violating in any way applicable social and moral norms, as well as the principles of social coexistence on the Internet.
  2. The User and other persons using the Application are responsible for the content they post in the Application. If the User places content in the Application that is prohibited by law or the Regulations, the Service Provider is entitled to remove it and terminate the Agreement with immediate effect.

§ 8. Technical support and User notifications

Users can send questions, comments, or suggestions regarding the Application and its functionality electronically to info@exploreit.io or via the contact form on the website https://antek.exploreit.io.

§ 9. Complaint procedure, out-of-court dispute resolution methods

  1. Complaints related to the provision of Services may be sent via email (info@exploreit.io) or in writing to the Service Provider's address (ExploreIT sp. z o.o., 02-593 Warsaw, Rostafińskich 4 Street - with the note "Antek Complaint" on the envelope).
  2. Complaints will be reviewed in the order they are received, but no later than within 14 days from the date of receipt by the Service Provider.
  3. Complaints are reviewed based on generally applicable laws and the Terms of Service provisions. A complaint should include the User's contact information and a description of the problem.
  4. Immediately after reviewing the complaint, the Service Provider will inform the complainant about the decision. The information will be sent to the email address or the address provided in the complaint (depending on how the complaint was submitted).
  5. A User who is a consumer may use out-of-court methods of handling complaints and pursuing claims, including:
    • By applying to a permanent consumer arbitration court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded contract;
    • by applying to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings to amicably resolve the dispute between the User and the Service Provider;
    • by using the EU Online Dispute Resolution (ODR) platform, available at the internet address: https://ec.europa.eu/consumers/odr/
  6. Detailed information on the possibility for the Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules for accessing these procedures is available at the offices and on the websites of local (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Trade Inspection Inspectorates, and at https://uokik.gov.pl.

§ 10. Responsibility

  1. The Provider informs that the User bears full responsibility for any violation of the law or damage caused by the User's actions related to their use of the Application.
  2. The Provider informs that it is not responsible for:
    • Damages resulting from the User's failure to update the Application;
    • Damages resulting from the User's use of the Application in a manner inconsistent with the law or these Terms and Conditions;
    • The quality and availability of telecommunication services necessary for the use of the Application, provided by the telecommunication operator whose services the User utilises;
    • Malfunctions of the Application resulting from issues with the operating system or mobile device used by the User;
    • Violation of intellectual property law by the User.

§ 11. Copyright and industrial property rights

  1. Copyright and proprietary rights related to the Application and the proprietary copyrights to the images and content used within it belong to ExploreIT, except the measurement instructions, for which the copyright belongs to IPCZD. The Service Provider grants the User an unrestricted, revocable, non-exclusive license, geographically limited to the territory of the Republic of Poland and EU member states, to use the application for its purpose. For this purpose, the User may install, launch, display, and store the Application on a mobile device.
  2. The Application is intended for personal use only. The User may not modify the Application or its content nor copy or distribute it outside the Application.
  3. The proprietary copyrights to content uploaded by the User, including photos, belong to the User.

§ 12. Final Provisions

  1. The User can stop using the Application anytime by uninstalling it from their phone.
  2. The Service Provider reserves the right to discontinue the distribution of the Application, of which Users will be informed via the Application. In such a case, Users are required to uninstall the Application.
  3. The language of the agreements concluded with the Service Provider for the provision of Services is Polish.
  4. Subsequent releases of the application may change the Terms and Conditions. The change is binding for Users who install such a release and accept the revised Terms and Conditions.
  5. The Terms and Conditions are available free of charge via the website https://antek.exploreit.io/en/policy/terms-and-conditions.