APPLICATION / FELG DENT APPLICATION - it is offered by Licensor management software for private dentists, including the management of patient information, course of treatment, patient visits, execution of payments, preparation and generating reports.
PATIENT’S PERSONEL DATA – Patient’s data generated by Users, as a Controllers of personal data, in accordance with the Personal Data Protection Act from 29th of August 1997 (Dz. U. from year 2000 no.101, item 926, with amended), on their responsibility in accordance with their dental service, processed by the Processor in connection with the Entrusting data processing contract, conducted due to the use of the Application, which are protected by special legal provision data.
LICENSE AGREEMENT/LICENCE - this license agreement, on the basis of which
FELG Software Sp. z o. o, permits Licensee to use an Application.
LICENSEE/USER - authorized entity, using an Application under the conditions determined in the License.
LICENSOR / PROCESSOR - FELG Software Sp. z o. o. with its register office in Krakow 31-016, ul. Sławkowska 25/9, entered in the register of the National Court Register kept by the District Court for Kraków - Śródmieście, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000520292, NIP: 67624796559, which licensing an Application.
TRAIL VERSION - 30 days trial period, during which the User can use an Application free of charge in accordance with the License Agreement.
USER ACCOUNT/ACCOUNT - account created during the registration process, which leads to the conclusion of the License Agreement, and which enables the use of an Application and direct contact with the Licensor in connection with the License Agreement.
PACKAGE – one of the options of using an Application, selected by the User, which depends on the number of locations and the number of active working dentists, where the User provides dental services, this Packet is the basis for calculating the License fee, which is indicated and selected by the User during the registration process. All information about the types of Packages and related charges, which include also the amount of the License Fee are described in the Price List.
PRICE LIST - list of prices for the services provided by the Licensor, which also includes License Fees set according to the selected Package, available at felgdent.com/en/pricing.
ADDITIONAL SERVICE PACKEGES – additional services, which are assigned to the selected Package and are available to the User, those services are supplied by the Licensor only in case of paying by the User additional fees, indicated in the Price List.
LICENSE FEE/ SUBSCRIPTION – payment for using the Application according to the License Agreement, which Licensee is obliged to make, calculated in accordance with the Package chosen by him.
ENTRUSTING DATA PROCESSING CONTRACT – the agreement in accordance with the Licensor is authorized to processing the Patient’s Personal Data by the Licensee.
§2. GENERAL PROVISIONS
Licensor declares that it holds all copyrights, both personal and property copyrights to FELG DENT Application, this rights include the modification of sources and documentation and any other materials, which are having any relation with the Application, in fully range of rights, without any limitation for the benefit of the third party. Thereby the Application is protected by the provisions of the copyright law and international treaties provisions of copyright and other laws and international agreements in the field of the protection of intellectual property rights.
In accordance with these terms and conditions FELG DENT Application is licensed, not sold.
On the basis of this agreement, the Licensor grants the Licensee permission to use the Application under the conditions determined in this License. The License is incomplete, non-exclusive and non-transferable, and is granted for unlimited period.
The License is territorially unlimited, what means that under this agreement the Application might be used throughout the world. However, it is the User who is responsible for using the Application in compliance with of the law of the place of use. The Application is not available in all languages.
The License is payable. The payments rules and amount of charges are described in the Price List available at: felgdent.com/en/pricing
One of the conditions of using an Application by the Licensee is an approval of the terms of this License.
§3. PRINCEPLES OF THE AGREEMENT AND THE RULES FOR THE PROVISION OF SERVICES
1. The condition for the conclusion of the License Agreement is the jointly acceptance of the following documents by the Licensee:
a) Rules of the supply the electronically services “The General Terms of Using by Users the Website/ Internet Service www.felgdent.com ", available at the following address ...........
c)The conditions of this License and Entrusting Data Processing Contract,
The approval of these documents, which established by pressing the bottoms with the meaning of acceptance that appears next to the each of the above mentioned documents in points a), b), c) during the registration and by supplementing the data, which are included in the registration form, leads to the creation of User Account and ultimately to the conclusion License Agreement and Entrusting Data Processing Contract.
2. In order to conclude this Agreement, the Licensee is obliged to register and create an Account in accordance with the following procedure:
The Licensee shall enter into the tab "Start testing"
The Licesee shall complete the form with all the necessary data
The Licensee shall accepts all enclosed documents (listed in paragraph 1)
During the registration the Licensee chooses one of the available Packages, described in details in the Price List.
Along with conducting the License Agreement the User Account is created. This Account is make use of the Application and allows for direct contact with the Licensor, among the other things by using the "Helpdesk" service. Along with the creation of User Accounts an ID number is assigned, whereby the Licensee shall be using an Application.
After 30 days of free use of Application within the Trial Version, the User will receive “pro forma” invoice at Licensee’s email address, which he indicted during the registration process and at the User Account. This invoice shall include the payment in the amount corresponding with the Package selected by the Licensee and information about the 14-day payment period. Making payment within this period, express the Licensee willingness to continuing the use of the Application. Whereas the lack of payment of License Fees within this period means the renouncement of using Application and termination of License Agreement, thereby the use of the Application will be locked by the Licensor.
In case if the User would like to use an Application, however the period described in paragraph 6 above has expired, the Licensee should contact directly with the Licensor to the following email address: firstname.lastname@example.org,
It should be noted that each of the Users have the ability to use the Trial Version only one time, and this fact is always verified during registration process.
Licensee has the right to change the Package and in that case it shall be notified to the Licensor by "Helpdesk” system. As a rule, the change of the Package follows on the next day after the receiving such notification by the Licensor. In this case, the License Fee for the period during which the change was made, will be settled in the invoice issued the next billing period, in the amount accounted in appropriate proportion, what means the amount of License Fee for the following period will be charged according to the revised Package and will be increased or decreased (in proportion to the number of days of using an Application in accordance with the relevant Package). However, the Licensor declares that a change of larger Package to a smaller one is possible only in case of real reduction of the number of locations where dental services are provided by the Licensee, what shall be proven by him.
The Licensor informs that within the providing the services there might be organized all kinds of promotional campaigns, however the rules of such promotion shall be regulated by a separate provision.
§ 4. REMUNERATION AND TERMS OF PAYMENT
This License requires payment. The License Fee shall be paid as the remuneration for the 30 days of settlement period, which is paid in the amount in accordance with the chosen Package. The Licensee is obligated to make payment of the remuneration in advance, within 14 days from the start of the new settlement period. In case of selection of the Additional Service Packages by the Licensee, the additional cost, compliant with the Price List, shall be added to the License Fee.
Settlement period is 30 days. The first settlement period starts from the first day after the period of Trail Version expire.
On the first day of each new settlement period the "pro - forma" invoice is generated by the Licensor in the amount corresponding with the Package selected by the Licensee which also includes the charges Additional Services Packages charges in case if they were selected by the Licensee. This invoice shall be sent to the Licensee's e-mail address and to User Account. After making the payment the Licensee receives on his e-mail or User Account VAT Invoice or Invoice excluding VAT ( Invoice – NP).
Licensee will be able to make overpayments, by making payment in advance for several or more settlement periods and in that particular case the invoice on suitable amount will be generated. In this case, the next "pro - forma" invoice will be generated after the expiration of the prepaid settlement periods. In case of overpayment, Licensee will use Application for the duration of prepaid settlement periods without the possibility of earlier termination of the License Agreement.
Licensor assumes that the invoice will be issued in electronic form as a rule, however that shall be possible only in case of prior permission to Licensee, which shall be done during the registration process. The User will be able to revoke such consent by sending appropriate information by the e-mail to the Licensor by using the "Helpdesk” system at any time and then the Licensee will receive the paper version of the invoice. In case of lack of such Licensee’s consent during the registration process he will receive the invoices in the paper version to the indicated normal address, however, the Licensee may agree for receiving the invoices in electronic form by making statement of such consent by the e-mail using the system of "Helpdesk”.
The invoices provided to the Users in electronic form will be generated as PDF files to prevent the possibility of changing the invoice data.
As the Licensor’s services will be provided in the European Union for Users which might resident outside the country where the headquarters of the Licensor’s company is, the invoices for Users who are established outside the Poland and who are registered as EU- VAT payers shall not include the amount of VAT rate applicable in Poland. Therefore, the invoice will contain the amount of net remuneration + NP marked (excluding VAT). In this case, the Licensee is obligated to pay VAT in his country, in accordance with its rates. In the case of the User who is register as a polish VAT payer or is non-registered as the EU- Vat payer, who is established outside the Poland, the amount of the License Fee shall include the VAT rate applicable in accordance with the Polish law on the date of issuing an invoice.
There are the following forms of making payments:
b) payment card
c) other payment instruments available in accordance with the information indicted in the Price
In the case of making the transfers or in case of any other situation that requires the title of the payment, the Licensee is obligated to indicate his ID number.
The Licensor declares, that online payment will be handled by PayLane Sp. z o. o. with its register office in Gdańsk, ul. Arkańska 6/A3, entered in the register of the National Court Register kept by the District Court for Gdańsk - Pólnoc, VII Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000227278. At the same time the Licensor informs, that in case of choosing cyclical online payment, what means that the License Fee is paid in accordance with the selected Package in a continuous and automatic way, the Licensee agrees to charge his card. The Licensor informs that the Playlane Sp. z o. o. is responsible for the performance or improper performance of the payment services.
The Licensor stipulates, that in case of License Fees payment delay, which will excess 14 days, he will be entitled to block access to Application. Licensee will not be able to pursue any claims against the Licensor. In addition, the Licensor shall be entitled to charge an interest for delay in payment of remuneration.
§5. TERM OF AN AGREEMENT, WITHDRAWL FROM THE AGREEMNET, TERMINATION OF THE AGREEMENT
The License is granted for an indefinite period.
During the Trial Version, the Licensee is entitled to withdraw from the License Agreement and the resignation of using of the License at any time without giving any reason.
The lack of making the payment of License Fees for the next settlement periods for more than 14 days from the expiry of the period specified in § 4 point 1, means Licensee’s resignation from using of Application and provides to termination of the License Agreement. However, that situation does not relieve Licensee from the obligation to pay for that period.
Furthermore, the Parties have the right to terminate the License Agreement upon 30 days notice period, which starts from the end of the settlement period. To terminated the agreement, the Party shall submit termination notice by e-mail sent to the addresses indicated by the Parties as a contact address, what also means that Licensee may done this by using the "Helpdesk" system. The notice period shall run from the date of receiving the notice by the other Party.
When it comes to terminate or withdraw the License Agreement as a result of the events described in this paragraph, the Entrusting Data Processing Contract becomes terminated or withdrawing at the same time. And therefore, the Licensor declares, that he shall transfer any existing Patient’s Personal Data, that have been processing by him in accordance with the Entrusting Data Processing Contract. To fulfill that obligation the Licensor shall make those data available for download them by the Licensee on the User Account for the 30 days period, which starts from the date of termination of the Agreement License. After expire that period, the Processor is released from any liability arising from the Entrusting Data Processing Contract. This provision applies also in case of termination of the Trial Version and lack of making payment in accordance with § 3 point 6.
FELG Software Sp. z o. o. grants a license to use the Application and use it according to the following fields of exploitation: installation, introduction to computer memory, mobile devices (in particular smartphones and tablets) and other devices, and making copies of such records and the permanent or temporary reproduction of such recording in whole or in part, by any measures and in any form. The range of license exploitation, mentioned above might be used only in relation to dental services, provided by the Users.
The Licensee is entitled to use an Application in accordance with the selected and funded Package under the License Agreement and in the range indicated above.
Under License Agreement, the Licensee shall be entitled to generate Patient’s Data as a separate document and save it on his computer or other mobile device.
A license granted under these provisions are commercial in nature, which means that the Licensee is entitled to use an Application in connection with Users business activity, within they provide dental services to the patients.
Licensor informs that an Application is supported for use with the computer using only the browser "Web" (Firefox, Chrome, Safari, etc.), however on mobile devices by browser or by an application downloaded from the App Store or Google Play.
Licensor hereby informs that for using and operating an Application encrypted SSL connection is used. This connection provides for Users the widest possible model of protection of personal data and payment.
§7. LICENSEE’S RIGHTS AND OBLIGATIONS
The Licensee is required to use the software in accordance with its purpose, functionality, and under rules provided by this License.
Licensee is obligated to cooperate with the Licensor in respect of protection of an Application and Licensee is obliged to notice the Licensor immediately in case of any necessity for taking certain steps to ensure security.
The Licensee is obligated to inform the Licensor about an error in the software as soon as it is possible by using the HelpDesk services, which are available after logging in to the User Account.
Licensee is not entitled to permanent or temporary reproduction of an Application in whole or in part, except the situations which are clearly specified in the Agreement.
The Licensee in not allowed to sublicense, assign or transfer an Application in any form. This also applies to the ban on lease, rental, lending an Application in whole or in any part thereof to any third party.
The Licensee is not allowed to make translation, adaptation, arrangement or any changes of an Application. The above limitation also excludes self-correcting errors in the Application by the Licensee.
The Licensee is liable for entering all information and data by using ant Application and the Licensee is obliged to respect all applicable regulations. In case of any breach of the provisions in this regard, it will release Licensor from liability.
Licensor hereby declares that the usage of an Application requires the processing of Patient’s Personal data, which shall be transferred to the Licensor by Licensee, as Personal Data Controller. In respect of this the Licensee and Licensor shall include Entrusting Data Processing Contract and they shall lead the cooperation according to the provision of that act. The conclusion of the Entrusting Data Processing Contract is the condition of providing the services by the Licensor under the License Agreement.
Before the introduction of Patient’s Personal Data to an Application, The Licensee is obliged to obtain the writing consent from each of Patient and to inform him about the rules, terms and conditions of the collection and storage of personal data and that those data shall be processing by the FELG Software Sp. z o. o. Failure to obtain such of consent, and failing to inform the Licensor by Licensee of the withdrawal of such consent or its limitation, release Licensor from liability for infringement of regulation related to personal data, as it is mention in Entrusting Personal Data Processing Contract.
§8. THE LICENSOR RESPONSIBLITY
The Licensee acknowledges that an Application is software, which work may be affected by various factors, which stay beyond the performance of an Application. To those factors might be included interaction with other applications or computer programs and also the drivers of individual components of computers, and mobile devices and web browsers, interaction with other devices like local area networks and the Internet. Therefore the Licensee acknowledges that those circumstances, which affected on an Application work and which are impossible to examine or to prevent in that stage, remain beyond the scope of Licensor liability resulting from the above-mentioned circumstances.
The Licensor is not liable for any defects or errors of an Application and the consequences, which might arise as a result of unauthorized or improper use of the Application by the Licensee.
The Licensor is responsible for its wilful acts or gross negligence, however its liability is limited to the maximum amount of compensation, which shall be equal to the License Fee paid by the Licensee to FELG SOFTWARE Sp. z o. o.
§9. THE CONSEQUENCES OF BREACHING THE LICESNE
In case of an infringement described in § 7 of the License Agreement the Licensor shall designate a 5 day period for ceasing the breaches and removing their consequences by Licensee. In the event of failure to meet that deadline, the Licensor is entitled to terminate the License Agreement with immediate effect. In this case FELG Software Sp. z o. o. is not obliged to return the License Fees.
In case of an infringement of any other provision of the License Agreement FELG Software Sp. z o. o. is entitled to terminate this contract with an immediate effect.
After discovering the infringement, mentioned above, the Licensor is entitled to block the possibility of using an Application.
In case of any of situation indicated above, the Licensor is not obliged to return the License Fees for settlement period, which has already been paid by Licensee.
§10. THE TECHNICAL SUPPORT, FAULT REPORTING, UPDATING
In reference to the License, the Licensee has the right to use the technical support "Helpdesk". This service is available after registration to the User Account, which is strictly connected with the performance and using of an Application. These services will be provided only through the contact forms, which are available on-line after logging in to the Account in the "Helpdesk".
In case of an error during the Application’s work, it should be submitted to the Licensor by using the "Helpdesk" service and that notice shall include an indication of the circumstances of the error.
In case If, after verification and examination of the reported error, it turns out that the error is caused by improper or incorrect use of an Application, missing or erroneous data introduction, computer or mobile device disability by which Licensee uses the Application, network disability, server or web links errors and other errors, which do not result from the essence of an Application, for which the Licensor shall not be liable, he has the right to refuse to repair that kinds of errors.
In case of problem with login to the User Account, User may contact with the Licensor by sending the information together with the User ID number to the following email address: email@example.com.
The Licensee has the right to submit the complaint within 14 days and that term starts from notice the error or defect. The procedure for reporting and dealing with complaints is described in detail in the rules of the "General Terms and Conditions of Use by Users of the Website www.felgdent.com", which is available at the following address: felgdent.com/en/terms-of-service
The Licensor has the right to updating of the Application and making changes at any time, in particular those which provided to verification and renovation of the errors or to improving the working of the FELEG Den Application. The Licensee shall be informed about any update or change.
In connection with the supplying the electronically services by Licensor, he hereby informs that after obtaining the consent of each of the Users, he will collect and process their Personal Data. Those data shall be processing by the Licensor only in relation with performing the License Agreement. These activities will perform in accordance with the Act of the Protection of Personal Data date on 29 August 1997. (Dz. U. No. 133, item 1997. 883).
§13. THE FINAL PROVISION
The Licensor declares that he reserves the right to make changes in License Agreement and the Licensee shall be always informed about this in advance. Changing of the License Agreement requires the User’s approval. If the Licensee does not accept the amendment, the Licensor is entitled to terminate the contract effective as of the end of the following settlement period. In that period the provisions of License Agreement are still valid. The current License Agreement is available on the FELG Dent website.
In any matters not governed herein, the Polish law shall apply, specially but not only the provisions of the Civil Code and the Copyright and Nighbouring Rights Act.
In case of any disputes that may arise on the background of this License Agreement the proper shall be the court having the jurisdiction over the registered office of the Licensor company. However, in cases that are related with the consumers court’s jurisdiction shall be determined in accordance with the provisions of the polish Code of Civil Procedure.
LICENSE AGREEMENT/LICENCE – this agreement, which shall be concluded by Licensor and Licensee, on the basis of which
FELG Software Sp. z o.o., permits Licensee to use the Application. One of the conditions of conclusion of License Agreement is the acceptance and conclusion of this agreement.
LICENSOR/ PROCESSOR - FELG Software Sp. z o. o with its register office in Krakow 31-016, ul. Sławkowska 25/9, entered in the register of the National Court Register kept by the District Court for Kraków - Śródmieście, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000520292, NIP: 67624796559, which licensing an Application.
LICENSEE/ USER - authorized entity, using the Application under the conditions determined in the License Agreement, who entrusts the Patient’s Personal Data.
APPLICATION - it is offered by Licensor management software for private dentists, including the management of patient information, course of treatment, patient visits, execution of payments, preparation and generating reports.
PATIENT’S PERSONAL DATA/PROCESSING DATA – Patient’s data generated by Users, as a Controllers of personal data, in accordance with the Act, on their responsibility in relation to their dental service, those data are processed by the Processor in connection with the Entrusting data processing contract, conducted due to the use of the Application, those data are under the special law insurance.
AN ACT - the Personal Data Protection Act from 29th of August 1997 ( Dz.U. from year 2000 no.101, item 926, with amended)
§2. THE SUBJECT OF THE CONRTACT
With regards to conclusion of the License Agreement, the License or License Agreement, on basis of art. 31 of Act Personal Data Protection Act dated on 29 August 1997 (Dz. U. of 2002. No. 101, item. 926, as amended.) The Licensee entrusts to the Licensor the processing of Patient Personal Data.
Range of Patient Personal Data processed includes data sets collected in connection with the services provided by the User dental services.
Under terms of this agreement, Licensor is obligated to process the Patients Personal Data only in relation to the range and in purpose of supplying services described in detail in the License Agreement, specially in connection with the granting of licenses and using of the Application by the Users.
§3. RULES AND ENSURING THE SAFTY MEASURES OF THE DATA PROCESSING
The Processor is obligated to apply during of processing of Patients Personal Data the technical and organizational measures to ensure the protection of personal data, at least those, which, are specified in Art. 36 - 39 of an Act. In particular the Processor is obliged to:
apply the technical and organizational measures to ensure the protection of processed personal data, in particular those which shall ensure data protection against unauthorized disclosure, takeover by an unauthorized person, damage or destruction of data,
allow the processing of personal data, which includes the operating of the system and devices and is related with processing of personal data, only by those , who are authorized by Processor,
ensure control over the correctness of processing the data,
keep records of persons authorized to process personal data,
adhere to the principles of diligence to ensure that person who is authorized to processing the personal data shall keep in secret all confidential data, even after termination of the Agreement,
The Processor is obligated to process personal data in accordance with the Act using the equipment and systems that ensure the use of a high level of safety in accordance with the Regulation of the Minister of Internal Affairs and Administration from 29 April 2004. about personal data processing documentation and technical and organizational conditions which should be fulfilled by devices and computer systems used for processing personal data (Dz. U. No. 100, item. 1024).
As an Application is used to process the Patent’s Personal Data Patients, the Processor declares that these activities will be carried out in accordance with the law and in a manner, which are appropriate and adequate to the Processor’s obligations, which follow from Agreement and the scope of the co-operation, which are settled between the Parties, in particular in according to the following provisions:
Art. 6 of Convention No. 108 of the Council of Europe
Art. 8 of Directive 95/46 / EC 
the Rights of the patient and the Patients' Rights Ombudsman Act from 6 November 2008
the professions of doctor and dentist Act from 5 December 1996
the Regulation of the Minister of Health about the types and extent of medical records in health care and how it is processed
the health care services financed from public funds Act from 27 August 2004
the Regulation of the Minister of Health about the extent of the necessary information collected by service providers, the detailed method of recording this information and its transmission to persons required to finance the benefits from public funds,
the Regulation of the Minister of Health about the scope of the necessary information which are collected and transmitted by the pharmacy to subject who are obliged to finance the benefits from public funds,
§4. THE RULES OF PARTIES COOPERATIONS
The Parties declare, that during the execution of this Agreement and the License Agreement, they shall cooperate, inform each other about all circumstances, which might affect on the execution of this Agreement.
The User has the right to control the manner of execution of this Agreement by the Processor through directing requests for information in this regard.
The User, as the data controller within the meaning of the Act is obligated to obtain the writing consent from each of Patient, and to inform him about the rules, terms and conditions of the collection and storage of personal data, and that those data shall be processing by the Processor. Failure to obtain such of consent, and failing to inform the Processor by User of the withdrawal of such consent or its limitation, release Processor from liability for infringement of regulation related to personal data.
The Parties are obligated to inform each other about:
any breach of security of personal data, assigned to the processing or their improper use,
any circumstances with its own participation in matters concerning with protection of Patient’s Personal Data, in particular those which are conducted before the General Inspector for Personal Data, or which are other relevant authorities in the countries, the police or the court.
§5. THE TERM OF THE CONRTACT
This Agreement shall enter into force upon the entry into force of the License Agreement for an indefinite period.
In any case of termination of the License Agreement, according to its provision, it automatically comes to the termination of this Agreement.
The User has the right to terminate this Agreement upon 30 days' notice, calculated at the end of the settlement period, in case of breach the binding laws on the protection of personal data by Licensor, and thus a breach of this Agreement. This case also leads to the termination of the License Agreement.
The Processor declares, that in case of termination of the License Agreement, what thereby means the termination of this Agreement, he shall transfer each of existing Patient Personal Data, which have been processing by him in accordance with the Agreement. To fulfill that obligation, the Licensor shall make those data available for download them by the User on the User Account for the 30 days period, which starts from the date of termination of the Agreement License. After expiration of that period, the Processor is released from any liability arising from the Entrusting Data Processing Contract. This provision applies also in case of termination of the Trial Version and lack of making payment in accordance with § 3 point 6.
§6. THE FINAL PROVISION
FELG Dent is available on your PC and Mac via Web App (app.felgdent.com) Windows, macOS, Linux
Mobile devices (iOS and Android) require a dedicated app easily downloadable on AppStore or GooglePlay
FELG Software Sp. z o.o. (Limited Company)
VAT EU: PL6762479659
No. Court Registration System: 0000520292
CODE SWIFT / BIC: WBKPPLPP
currency EUR – 69 1090 2590 0000 0001 2370 1691