Terms of sale

TERMS OF SALE — ACCESS TO THE SMARTCVI EDUCATIONAL PLATFORM
(draft for review — version 2026-10-draft-1; the Polish version is binding)

§ 1. General provisions
1. These Terms govern the conclusion and performance of contracts for access to the SmartCVI educational platform available at [SITE ADDRESS] (the "Platform"), including payment, renewal of access, withdrawal and complaints.
2. The seller and service provider is [COMPANY NAME], with its registered office at [REGISTERED ADDRESS], entered in the register of entrepreneurs of the National Court Register under number [KRS NUMBER], tax id (NIP) [NIP], REGON [REGON], contact e-mail: [E-MAIL ADDRESS] (the "Seller").
3. The Platform is purely educational: it teaches the reporting of cardiac imaging studies on teaching cases. The Platform is not a medical device, does not diagnose or treat, and must not be used for clinical decisions. See the "Disclaimer" document.
4. The Terms are available free of charge on the Platform in a form that allows them to be obtained, reproduced and stored; the wording in force at the time of the contract is sent to the Buyer in the order confirmation.

§ 2. Definitions
1. Buyer — a natural person with full legal capacity, a legal person or an organisational unit that concludes a Contract with the Seller.
2. Consumer — a Buyer who is a natural person concluding a Contract for purposes not directly related to their business or professional activity; the provisions on Consumers also apply to a natural person concluding a Contract directly related to their business activity where the Contract is not of a professional nature for that person.
3. Account — the Buyer's individual account on the Platform, created after the e-mail address is confirmed.
4. Package — the scope of teaching content (chapters and cases) named in the offer that the Contract gives access to.
5. Access period — the period for which access to a Package is bought (e.g. 1, 6 or 12 months), stated in the offer and in the order confirmation.
6. Contract — a contract for a digital service consisting in making a Package available for the Access period, concluded at a distance through the Platform.
7. Payment operator — Stripe Payments Europe, Ltd. (Ireland), which processes card payments; card details are never passed to the Seller.

§ 3. Account and technical requirements
1. Using the Platform requires an Account and a confirmed e-mail address. The Buyer undertakes to give true details and not to share the Account with third parties.
2. Using the Platform requires an internet-connected device, a current browser supporting WebGL 2 and a screen suitable for medical images. The detailed requirements and a compatibility test are on the Platform's "Technical requirements" page. The Seller recommends checking compatibility before buying.
3. The Seller may block an Account used contrary to these Terms, in particular to copy teaching content or to share access with third parties, after first calling on the Buyer to stop, unless the nature of the breach justifies an immediate block.

§ 4. Conclusion of the Contract
1. The Packages, Access periods and prices shown on the "Plans and prices" page are an invitation to conclude a contract.
2. The Buyer concludes the Contract by choosing a Package and an Access period, stating whether they buy as a Consumer or as a business (in which case giving the invoice details), accepting these Terms and paying through the Payment operator.
3. The Contract is concluded when the Payment operator confirms the payment. The Seller promptly sends the Buyer an order confirmation by e-mail containing the Terms and the withdrawal information.
4. Access to the Package starts immediately after the Contract is concluded if a Consumer Buyer requested that the service begin before the withdrawal period ends (§ 8(3)); otherwise it starts when that period ends.

§ 5. Prices and payment
1. Prices are stated in Polish złoty (PLN) and include all applicable taxes. [TO BE CONFIRMED WITH THE ACCOUNTANT: the VAT rate, or the VAT exemption and its legal basis.]
2. Payment is made in advance for the whole Access period, by payment card through the Payment operator. The Seller does not store card details.
3. For a business Buyer the Seller issues an invoice to the details given at purchase and sends it to the Buyer's e-mail address. The Buyer accepts electronic invoices.
4. The price in force when the Contract is concluded applies for the whole Access period and — subject to § 6(4) — to renewals.

§ 6. Access period and automatic renewal
1. Access to the Package is granted for the Access period stated in the offer.
2. At the end of the Access period the Contract renews automatically for another Access period of the same length at the same price, and payment is taken from the card stored with the Payment operator — unless the Buyer cancelled renewal before the end of the current Access period. The Buyer is informed of this before concluding the Contract and in the order confirmation.
3. The Buyer may cancel automatic renewal at any time in the Account settings ("Subscription") or by writing to [E-MAIL ADDRESS]. Cancelling does not shorten the current, paid Access period — access continues to its end and no further payment is taken.
4. The Seller informs the Buyer by e-mail of a change of the renewal price at least 30 days before the renewal date; the Buyer may cancel renewal in that time. Not cancelling means accepting the new price for the next Access period.
5. If a renewal payment fails, the Seller retries it and access is kept for up to 14 days from the renewal date. If payment still fails, access ends without further charges.

§ 7. Scope of access and teaching content
1. A Package covers the chapters and cases named in the offer at the time of purchase. Content added to the Package during the Access period is made available to the Buyer at no extra charge; removing content from the offer does not reduce what the Buyer bought.
2. Where the offer includes automatic assessments ("AI mentor"), the number of assessments per Access period is stated in the offer. Automatic assessments are an educational aid; the Seller does not warrant their substantive correctness.
3. Teaching content, including medical images, is anonymised or synthetic and is not the medical record of any patient.
4. The Seller endeavours to keep the Platform available without interruption and gives advance notice of planned maintenance. An interruption longer than 72 consecutive hours for reasons attributable to the Seller entitles the Buyer to an extension of the Access period by the length of the interruption.

§ 8. Right of withdrawal
1. A Consumer may withdraw from the Contract without giving a reason within 14 days of its conclusion, by submitting a statement in the form available in the Account ("Subscription" → "Withdraw from the contract") or by sending it to [E-MAIL ADDRESS]. The detailed instruction and a model form are in the "Withdrawal information" document, also sent with the order confirmation.
2. On withdrawal the Seller refunds the Consumer the whole of the first payment within 14 days of receiving the statement, using the same means of payment, and access to the Package ends. [TO BE REVIEWED BY COUNSEL: the Seller voluntarily waives the proportional charge for the service performed until withdrawal provided for in Article 35 of the Polish Consumer Rights Act.]
3. A Consumer who wants to use the Package immediately may request that the service begin before the withdrawal period ends by ticking the relevant box at purchase. This request does not deprive the Consumer of the right of withdrawal described in paragraphs 1–2.
4. The right of withdrawal does not apply to renewals under § 6, subject to mandatory provisions of law.

§ 9. Complaints
1. Complaints about the Platform or the Contract may be sent to [E-MAIL ADDRESS] or in writing to the Seller's registered address. A complaint should identify the Buyer and the Contract and describe the objection.
2. The Seller considers the complaint and replies to the Buyer's e-mail address within 14 days of receiving it.
3. Towards Consumers the Seller is liable for the conformity of the digital service with the Contract under the Polish Consumer Rights Act of 30 May 2014.

§ 10. Out-of-court dispute resolution
A Consumer may use out-of-court complaint and redress procedures, in particular the assistance of the district (municipal) consumer ombudsman, the voivodeship inspectorates of the Trade Inspection and the European online dispute resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Using these procedures is voluntary.

§ 11. Liability
1. The Platform and all its content, including automatically generated assessments, serve educational purposes only and do not replace the user's knowledge, experience or professional responsibility. The Seller is not liable for use of the Platform's content contrary to its purpose, in particular in the diagnosis or treatment of patients.
2. Towards Buyers who are not Consumers, the Seller's liability under the Contract is limited to the fee paid for the current Access period and excludes lost profits.
3. The limitations of liability do not apply to damage caused intentionally or to other cases where an exclusion of liability is not permitted by law.

§ 12. Intellectual property
1. The Platform's content (teaching cases, images, reports, texts, software) is protected by copyright and remains the property of the Seller or its licensors.
2. Under the Contract the Buyer obtains a non-exclusive, non-transferable licence to use the Package content for their own educational needs during the Access period. Copying, public sharing, reproduction or commercial use of the content, including for training artificial-intelligence systems, is not permitted without the Seller's consent.

§ 13. Personal data
The Seller is the controller of Buyers' personal data. The processing of personal data is described in the "Privacy notice" available on the Platform.

§ 14. Changes to the Terms
1. The Seller may amend the Terms for important reasons, in particular a change in the law, in the scope of services or in the means of payment.
2. The Seller informs Buyers of a change by e-mail at least 14 days before it takes effect. A change does not affect Contracts in the current, paid Access period; a renewal is governed by the Terms in force on the renewal date, unless the Buyer cancelled renewal.

§ 15. Final provisions
1. The Contract is governed by Polish law. The choice of law does not deprive a Consumer of the protection of mandatory provisions of the law of the state of their habitual residence.
2. Disputes with Buyers who are not Consumers are resolved by the court competent for the Seller's registered office.
3. The Terms are drawn up in Polish; versions in other languages are for information, and in case of discrepancy the Polish version prevails.
4. The Terms apply from [EFFECTIVE DATE].