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ProCordis.AI BETA TESTING TERMS AND CONDITIONS

INTRODUCTION

Welcome to the ProCordis.AI Beta Testing Program. These Terms and Conditions ("Terms") govern your participation in the beta testing of our AI-powered ECG analysis tool ("Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. ELIGIBILITY

1.1 You must be at least 18 years of age to participate in the beta testing program.

1.2 You must be a licensed healthcare professional, a medical student or have relevant qualifications to interpret ECG data.

1.3 You must have a valid email address and internet access.

2. NATURE OF THE BETA SERVICE

2.1 The Service is provided on an "AS IS" and "AS AVAILABLE" basis for testing and feedback purposes only.

2.2 The Service is not yet approved as a medical device under the EU Medical Device Regulation (MDR 2017/745), not approved by URPL (Urząd Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych), not CE marked, and not authorized by any regulatory body for clinical use.

2.3 The Service's output should NOT be used as the sole basis for clinical decision-making or patient care.

2.4 You acknowledge that this beta version is being tested to gain feedback on its functioning and is not yet a certified medical device under EU or Polish regulations.

3. DISCLAIMER OF WARRANTIES

3.1 ProCorids.AI explicitly disclaims all warranties of any kind, whether express or implied, including but not limited to accuracy, reliability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by Polish law and EU regulations, including Directive 2000/31/EC (E-Commerce Directive).

3.2 The beta version of the Service may contain errors, bugs, or inaccuracies and may not function as intended.

3.3 Nothing in these Terms excludes or limits warranties or guarantees that cannot be excluded under mandatory provisions of EU consumer protection law, including Directive 2019/770 on digital content and digital services.

4. LIMITATION OF LIABILITY

4.1 TO THE EXTENT PERMITTED BY POLISH LAW AND EU REGULATIONS, IN NO EVENT SHALL PROCORDIS.AI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

4.2 You acknowledge and agree that the Service is not intended to replace professional medical judgment.

4.3 You assume all risks associated with your use of the Service, in accordance with Articles 471-486 of the Polish Civil Code and applicable EU law.

4.4 Nothing in these Terms excludes or limits liability for death or personal injury resulting from negligence, fraud, or any other liability that cannot be excluded by law under both Polish and EU regulations.

5. ACCEPTABLE USE

5.1 You may only use the Service for its intended purpose of evaluating ECG analysis functionality.

5.2 You agree not to:

  • Reverse engineer or attempt to extract the source code of the Service, except as permitted under EU Directive 2009/24/EC on the legal protection of computer programs

  • Use the Service for any illegal purpose under Polish or EU law

  • Attempt to gain unauthorized access to the Service

  • Use the Service in a way that could damage or overburden our systems

  • Violate any provisions of the Polish Act on Providing Services by Electronic Means or the EU E-Commerce Directive

6. DATA USAGE AND PRIVACY

6.1 By uploading ECG images to the Service, you grant ProCordis.AI a worldwide, non-exclusive, royalty-free license to use, store, and process the images for the purposes of:

  • Providing the Service functionality

  • Improving and training our AI algorithms

  • Evaluating performance and accuracy

6.2 You are responsible for ensuring that all data uploaded:

  • Is properly de-identified and contains no personal data as defined by the GDPR, the Polish Act on the Protection of Personal Data, and other applicable EU data protection laws

  • Has been collected with appropriate consent or other legal basis in accordance with Article 6 of the GDPR

  • Complies with all applicable laws and regulations regarding patient privacy, including the Polish Medical Profession Act and EU healthcare regulations

6.3 ProCordis.AI will maintain appropriate technical and organizational measures to protect your data in accordance with Article 32 of the GDPR and will process all personal data in compliance with EU Regulation 2016/679 (GDPR).

6.4 Our full Privacy Policy details how we collect, use, and protect your personal information in compliance with Polish and EU data protection regulations.

6.5 As a data controller under GDPR, ProCordis.AI acknowledges your rights to access, rectify, erase, restrict processing, object to processing, and data portability in relation to your personal data.

6.6 If the Service processes any AI-generated data, such processing will be conducted in accordance with the EU AI Act, once in effect.

7. FEEDBACK OBLIGATIONS

7.1 As a beta tester, you agree to:

  • Provide honest and constructive feedback on the Service

  • Report any bugs, errors, or issues you encounter

  • Complete any surveys or questionnaires we may distribute

  • Participate in feedback sessions if requested

7.2 All feedback, suggestions, and ideas you provide regarding the Service may be used by ProCorids.AI without any obligation to compensate you, in accordance with the Polish Act on Copyright and Related Rights and Directive 2001/29/EC (EU Copyright Directive).

7.3 This does not affect your moral rights as recognized under Polish and EU copyright law.

8. CONFIDENTIALITY

8.1 All information about the Service, including its performance, features, and any related documentation, is confidential.

8.2 You agree not to disclose any confidential information to third parties without prior written consent from ProCorids.AI.

8.3 You agree not to publish reviews, screenshots, or assessments of the Service on social media or other platforms without prior written permission.

8.4 These confidentiality obligations are in accordance with the provisions on trade secrets under the Polish Act on Combating Unfair Competition and Directive (EU) 2016/943 on the protection of undisclosed know-how and business information.

9. TERM AND TERMINATION

9.1 The beta testing period will continue until terminated by ProCordis.AI.

9.2 ProCordis.AI reserves the right to terminate your access to the Service at any time, with notice provided electronically to your registered email address in accordance with EU requirements for electronic communications.

9.3 You have the right to withdraw from this agreement within 14 days without giving any reason, in accordance with the EU Consumer Rights Directive 2011/83/EU, unless you have expressly consented to begin the beta testing before the expiration of the withdrawal period.

9.4 Upon termination, all rights granted to you under these Terms will immediately cease.

9.5 Sections 3, 4, 6, 7, 8, and 10 will survive any termination of these Terms.

10. GENERAL PROVISIONS

10.1 These Terms constitute the entire agreement between you and ProCordis.AI regarding the beta testing program.

10.2 ProCordis.AI reserves the right to modify these Terms at any time. Continued use of the Service after any modifications constitutes acceptance of the modified Terms. Material changes will be notified to you in accordance with EU consumer protection requirements.

10.3 These Terms shall be governed by the laws of Poland, without prejudice to mandatory provisions of EU law that would apply regardless of the chosen law.

10.4 For users residing in Poland, any disputes arising out of or related to these Terms shall be subject to the jurisdiction of the courts of Poland. For users residing in other EU member states, disputes may also be submitted to the competent courts of your country of residence in accordance with EU Regulation 1215/2012 on jurisdiction.

10.5 If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

10.6 Consumer rights: If you are a consumer as defined by Polish Consumer Rights Act or equivalent EU consumer protection legislation, nothing in these Terms restricts your statutory rights.

10.7 Online Dispute Resolution: In accordance with EU Regulation 524/2013, consumers resident in the EU may access the Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/ for resolving disputes arising from online service contracts.

11. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Last Updated: 13/03/2025

By clicking "I Accept" or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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