TERMS OF USE OF THE PODOCARD SERVICE

Please note that PODOCARD does not directly participate in the provision of medical care or medical services, does not influence the work of healthcare institutions, laboratories, pharmacies, individual specialists, etc., and does not control their activities. PODOCARD has no grounds or rights to give them any instructions, etc. We only provide a Service that can be used for internal accounting and systematisation of information regarding the User's interaction with clients within the scope of their professional activities.

The Service is not intended for medical purposes, but is designed for general health monitoring and is not a medical device.

This Agreement is a contract of adhesion within the meaning of Article 634 of the Civil Code of Ukraine. Use of PodoCard is considered unconditional acceptance of this Agreement.

If you access or download the PodoCard app from the Apple App Store, you agree to all the Terms of Use set forth in the App Store User Agreement. If you access or download PodoCard from the Google Play Store, you agree to the Android Terms of Service, Google Inc., including the Google Apps User Agreement.

This version of the Agreement shall enter into force on the date of its publication and shall remain in force until a new version is published.

SECTION 1: TERMINOLOGY

• The service - is software produced as a result of computer programming, designed to organise internal electronic customer records within the professional activities of relevant specialists, whose servers are located in a secure software and hardware platform of a ‘cloud’ data centre, accessed via the PodoCard mobile application, available for download on Google Play and the App Store, provided for personal use by users.

• Administration - Private Entrepreneur under the laws of Ukraine Serdiukova Anna and/or persons duly authorised by it to manage the Site and provide services to Users.

• Visitor - any person who has access to the Service via the Internet.

• Owner - Private Entrepreneur under the laws of Ukraine Serdiukova Anna, and persons (business entities) who are the copyright holders of the Service and provide access to it to Users under the terms set forth in this Agreement.

• A User - is a natural or legal person who has registered an account with the Service, accepted these Terms of Use for the PodoCard service, and uses the functionality of the Service for professional purposes. A User may be any legally capable natural person who has reached the age of 18 and intends to receive the Contractor's services in accordance with the procedure and on the terms specified in this Agreement.

• Services - are access to the tools offered on the Website for use by the User. PodoCard is an electronic accounting tool that allows users to systematise and store customer data as part of their professional activities in the field of podiatry, cosmetology, hardware pedicure and related areas (hereinafter referred to as Tools). The application is not a medical device and is not intended for the provision of medical services, diagnosis or treatment.

• The User's Client - is a natural person whose information is entered by the User into the Service within the scope of providing services in the field of podiatry, cosmetology, hardware pedicure or related fields.

• Client profile - a set of data entered into the Service about an individual client (full name, contact information, photo, visit history, notes, signed documents, etc.).

• Client's electronic signature - an image of the Client's graphic signature, entered into the Service through interaction with the interface, which is stored as a digital trace of agreement to certain conditions (informed consent, internal rules, etc.).

• Personal data processing - any action or set of actions performed with personal data, including collection, storage, use, destruction and other actions with them in accordance with the Law of Ukraine ‘On the Protection of Personal Data’.

• Informed consent - a voluntary, specific, informed and unambiguous expression of the User's will to process their personal or sensitive data, which is recorded through the Service.

• Privacy Policy - the terms and conditions for working with confidential information on the Website, which is an integral part of this Agreement and is available at http://podocard.com

• Website - a set of software and hardware tools, the result of computer programming in the form of a Website(s) located on the Internet at the following addresses: podocard.com and owned by Podocard.

SECTION 2: GENERAL PROVISIONS

• We publish these Terms of Use for the Podocard service (hereinafter referred to as the ‘Agreement’) for acceptance by all interested parties. The terms of this Agreement apply to all Users and Users' Clients.

• If a User and/or a User's Customer does not agree with the terms of this Agreement, they must immediately refuse to use PodoCard.

• The PodoCard service is not a medical device and is not intended to provide medical services, make diagnoses or perform treatment. Its purpose is to record, systematise and store information by Users within the scope of the professional activities of specialists in the field of podiatry, cosmetology, hardware pedicure and related areas.

• We do not provide you with any medical recommendations, but you can use the information you receive to make certain informed decisions.

• Any treatment, prescription of any medications, biologically active supplements, etc. can only be prescribed by a doctor after a detailed examination.

• User information is stored in PodoCard only when an account is created and is entered by Users personally.

• User Customer information is stored in PodoCard only when an account is created and is entered by Users personally.

• We reserve the right to discontinue offering and/or maintaining the PodoCard Service at any time, permanently or temporarily, in which case the rights of Users and Users' Clients to use the Service or any part thereof will be automatically terminated or suspended. In such a case, unless otherwise required by applicable law, we are not obliged to provide Users and Users' Customers with any refunds, benefits or other compensation in connection with the cancelled PodoCard services.

• PodoCard prohibits the storage of any files containing:

  • insults, abusive language, non-standard vocabulary, judgements or opinions that undermine honour, dignity or business reputation, including those expressed in a rude, humiliating or indecent manner;

  • any materials that violate the current legislation of Ukraine or the moral principles of society;

  • materials of a sexual nature, including pornographic content, as well as materials that present individuals in an erotic context;

  • materials that promote the sexual exploitation of children, as well as contain content of a sexual nature involving children;

  • discriminatory materials, including discrimination against individuals or groups of individuals based on gender, age, race, nationality, or any other characteristics;

  • illegal content, including content that mentions any illegal actions or has content that contradicts current legislation;

  • incitement of interracial, interethnic, or interethnic hostility, calls to violate the current legislation of Ukraine, change the state system, undermine the territorial integrity and/or national security of Ukraine, and similar extremist content;

  • political campaigning, propaganda or intrusive religious beliefs;

  • materials that violate the copyrights of third parties.

• We provide Users with access to the Service's functionality, namely:

  • creation of client profiles with the ability to store: full name, contact details, photos, notes, signatures, visit history, information about procedures provided and the status of Users' Clients;

  • documenting procedures with the ability to: upload photos before/after procedures, interactively mark areas on the foot diagram, add text comments to each visit.

  • collection of electronic signatures of User Clients on the basis of informed consent, signing of agreed terms and conditions by the User Client (e.g. consent to photo recording or internal rules) directly in the application, storage of the signature in electronic form in the relevant User Client profile.

  • chronological structuring of the User Clients' service history;

  • providing access to individual profiles to other employees of the organisation;

  • ensuring the storage and visual analysis of information about the progress of User Clients.

• Access to the Service can be gained both through the website and through the mobile application.

• All functions of the Service are auxiliary and do not replace professional medical or legal advice.

• Complaints from Users and Users' Clients are accepted at the email address support@podocard.com. The term for consideration of a complaint is up to 10 (ten) days from the date of its receipt.

SECTION 3: LEGAL ASPECTS OF DATA PROCESSING

• The service may contain and process personal data and sensitive information about the health status of the User's Clients (including images, descriptions of procedures, notes).

• The User is fully responsible for complying with the requirements of the Law of Ukraine ‘On the Protection of Personal Data’, in particular:

  • obtaining informed consent from clients;

  • providing them with information about the scope, purpose and duration of data storage;

  • ensuring the confidentiality and security of data.

• We take technical measures to protect accounts, but we are not responsible for the User's actions regarding data processing.

• Information is not transferred to third parties without the consent of the data subject, except in cases provided for by law.

• The User is fully responsible for the legality of the processing of data entered into the Service and for respecting the rights of third parties, obtaining the consent of data subjects, informing the User's Customers about the purposes, scope, terms and conditions of processing, and protecting confidential information.

• The data entered by the User into PodoCard may contain personal data and data relating to the health of the User's Customer (including photographs, descriptions of procedures, notes, etc.). The processing of such data is subject to the Law of Ukraine ‘On the Protection of Personal Data’ and other regulatory and legal acts.

SECTION 4: RIGHTS AND OBLIGATIONS

• The User undertakes to provide only true and up-to-date information about themselves and their Clients.

• When providing any information about their Clients, the User guarantees that:

  • its accuracy and understanding of the possible negative and dangerous consequences in case of entering false information;

  • all information entered into PodoCard will be kept up to date by the User;

  • The User shall immediately notify PodoCard of any loss or change of phone number or email address (as means of authentication in PodoCard);

  • The User confirms that they will take all possible adequate measures to keep their PodoCard login passwords confidential. Such measures include: not disclosing passwords to third parties, logging into PodoCard using secure devices, etc.;

  • The user confirms that they understand that they are fully responsible for actions performed in PodoCard using their chosen means of authentication;

  • any actions performed using the user's account and/or their login and password, registered phone number, are considered to have been performed by that user;

• It is prohibited to use the Service for:

  • providing medical services without the appropriate licence;

  • storing information, the processing of which violates Ukrainian law;

  • creating products that imitate the functionality of PodoCard for commercial and non-commercial purposes.

• Users may delete their account at any time directly within the PodoCard application. To do so, navigate to the Profile section and select the Delete Profile option, then confirm the deletion. Once confirmed, the User’s account and all associated personal data will be deleted in accordance with this Privacy Policy and applicable law.

• If the user believes that PodoCard has information that violates his rights (or the rights of the person he legally represents), the user is obliged to notify PodoCard and provide information confirming such a violation.

• The user must not use the application to store information that:

  • contradicts the legislation of Ukraine;

  • requires special permission or a licence, if such activity is not provided for.

SECTION 5: WARRANTIES AND LIABILITY

• We do not guarantee the uninterrupted, secure, error-free, and accurate performance of the Service in accordance with the User's expectations.

• The User guarantees that they do not intend to take any actions that would damage our business reputation and/or that of third parties associated with us by contractual relations, or that would contradict the legislation of Ukraine, international norms and customs of business practice; The Customer's actions are aimed at obtaining services and do not involve malicious intent, fraudulent intent, attempts at unauthorised access, or public dissemination of information that is our property.

• By agreeing to the terms of the Agreement, the User guarantees that they have provided complete, accurate and up-to-date information, including personal data, when registering and filling in the User's Client data.

• Access to the Service is provided ‘as is’, and we do not provide any guarantees to Users and Users' Clients.

• We are not responsible for the normal functioning of individual segments of the Internet, for violations of information exchange resulting from a decrease in the quality of services provided by Users' telecommunications providers, malfunctions of any means of telecommunications, power outages and interruptions in power supply networks, as well as delays, interruptions or deterioration in the quality of the Services arising from reasons beyond our control, including, but not limited to: unavailability of servers and/or restrictions on their speed by administrators and/or any actions or inactions of administrators of servers that do not belong to us or are not under our administration, any technical malfunction in the operation of open sources.

• We declare and guarantee that we own all and any intellectual property rights to the information displayed on PodoCard and we are not aware of any third party intellectual property rights that may be infringed.

• We do not guarantee uninterrupted or error-free operation of the Service and are not responsible for any losses caused by temporary unavailability.

• We are not responsible for the content of information entered into PodoCard by the User.

• We are not responsible for the actions of third parties (including other Users) that have caused a violation of the rights or interests of the User's Clients.

SECTION 6: SERVICE UPDATES

• We may introduce new services, change or remove existing ones, etc. We may also change the design of the website or application. From time to time, we may ask you to update the application or your software so that you can continue to use our services. We may perform these updates remotely, without notifying you.

• You grant us permission to download and install updates to the PodoCard application on your device in accordance with your privacy settings. This permission can be revoked at any time by deleting PodoCard from your device.

• All updates are mandatory for continued use of the Service, unless otherwise specified.

SECTION 7: FORCE MAJEURE

• Each party shall be exempt from liability for failure to perform its obligations if such failure is caused by circumstances beyond the control of either party, namely: military actions, natural disasters, man-made and other accidents, strikes, lockouts, acts of authorities or government agencies, etc., which makes it impossible to fulfil the terms of this Agreement (hereinafter referred to as Force Majeure).

• Force Majeure shall apply, and the party for which it has occurred shall be exempt from liability for breach of the terms of this Agreement, subject to written confirmation (conclusion, certificate) from the Chamber of Commerce and Industry of Ukraine regarding the occurrence of Force Majeure.

• The party affected by Force Majeure undertakes to immediately notify the other party and provide documents confirming Force Majeure.

• From the moment of receipt of such notification by the other party, the performance of the terms of this Agreement shall be suspended for the entire period of Force Majeure.

SECTION 8: DISPUTE RESOLUTION

• The parties shall endeavour to resolve any and all disagreements and disputes that may arise through negotiation. The User and the User's Client agree that for the purposes of resolving such disagreements and disputes, the mandatory means of communication shall be correspondence via email: support@podocard.com.

• If the disagreements and disputes cannot be resolved through negotiations, they shall be resolved in court in accordance with the current procedural legislation of Ukraine.

SECTION 9: INTELLECTUAL PROPERTY

• All property and non-property intellectual property rights to the PodoCard Service (including design, code, databases, text and graphic content, logos, technical solutions, etc.) belong to the Owner and the Administration, unless otherwise expressly stated in the Agreement or on the Service.

• The User is granted a non-exclusive, non-transferable, territorially limited right to use the Service exclusively for their own professional activities within the functionality of the Service.

• The User is prohibited from:

  • copy, modify, decompile, decrypt, distribute, create derivative works or use in any other way any part of the Service without our written permission;

  • use trademarks, commercial designations, logos without our prior consent;

  • provide access to the Service to third parties, except as expressly provided in the Agreement.

• We reserve the right to take all necessary measures to protect intellectual property rights, including going to court and claiming damages.

SECTION 10: PAYMENT AND PRICING PLANS

• Access to the PodoCard Service is provided on a subscription basis under the current pricing plans: Pro and Team.

• Pricing is fixed per plan and does not depend on the number of users included within a selected subscription.

• Current pricing, discounts, and terms are published on the official PodoCard website and may be changed by the Administration at its sole discretion.

• Subscription payments are made in advance for the selected billing period (monthly or annual) as a single payment. All payments are processed through available non-cash payment methods.

• For corporate clients and organizations with specific requirements, individual terms may be offered upon request via customer support.

• Prices may vary depending on the user’s region and may include applicable taxes (including VAT / sales tax) in accordance with local legislation.

• The Service is fully digital. After successful payment, the subscription is activated automatically without any physical delivery of goods or documents.

• On iOS devices, subscription purchase and payment are processed through the App Store in accordance with Apple’s policies. Subscription fees are automatically charged on a monthly or annual basis, depending on the selected subscription plan.

• On Android devices, subscriptions are purchased through the PodoCard payment page. After selecting a subscription plan, the user is redirected to the payment page, enters their payment details, and confirms the subscription. Subscription fees are then charged automatically (recurring payment) on a monthly or annual basis, depending on the selected subscription plan.

• Users may cancel the automatic renewal of their subscription at any time. On iOS devices, cancellation is performed through Apple’s subscription management page, which can be accessed via the corresponding link in the application. On Android devices, cancellation is performed using the corresponding function within the PodoCard application. After cancellation, no further recurring charges will be made, while the subscription will remain active until the end of the already paid subscription period.

SECTION 11: REFUNDS

● The User has the right to request a refund of fees paid for using the Service no earlier than 7 (seven) calendar days after the date of payment.

● To initiate a refund, the User must send a corresponding request to the support service email address: support@podocard.com.

● The Administration confirms receipt of the refund request by sending a notification to the User’s email address.

● The refund is processed within 14 (fourteen) business days from the date the Administration confirms receipt of the User’s request.

● If payment was made by credit card, the refund will be issued to the same credit card (or via the same payment method) used to make the original payment.

SECTION 12: COMPLIANCE WITH EUROPEAN UNION LEGISLATION

• The PodoCard service complies with the requirements of the General Data Protection Regulation (GDPR) and other European Union legislation, including Directive 2002/58/EC (ePrivacy), Regulation 2011/83/EU (consumer rights), Regulation (EU) 2022/2065 (Digital Services Act) and Regulation (EU) 2018/302 (Geo-blocking Regulation).

• We ensure users' rights to personal data protection, the right to withdraw consent, delete an account, access data and transparency of the terms of use of the service.

• Users from the EU can send a request to support@podocard.com to exercise their rights in accordance with applicable European legislation.

DETAILS

Private Entrepreneur under the laws of Ukraine Serdiukova Anna

TIN 3117915209

Tel. +380731234011
E-mail: support@podocard.com