Terms and Conditions
GENERAL TERMS OF USE FOR USERS OF THE ONLINE SERVICE wfelgdent.com, app.felgdent.com
These Terms and Conditions set out the terms of use by Users of the Service, within which it is possible to use the Application, available at wfelgdent.com, app.felgdent.com, owned and administered by FELG Software Sp. z o.o., with its registered office in Kraków 31–016, ul. Sławkowska 25/9, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków–Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0000520292, NIP: 6762479659, share capital PLN 200,000.00.
For the purposes of these Terms and Conditions, the expressions indicated herein mean as follows:
ADMINISTRATOR / SERVICE PROVIDER / LICENSOR
Means FELG Software Spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Kraków (31–016), ul. Sławkowska 25/9, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Kraków–Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0000520292, which provides services by electronic means and stores and gains access to information on the Service User’s devices.
PROCESSING
Means any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
APPLICATION
Means the software offered in the Service by the Licensor for managing private dental practices, including managing patient information, treatment processes, patient appointments, payment processing, and preparing and generating reports.
PATIENTS’ PERSONAL DATA
Patients’ personal data subject to special protection under the law, collected and processed by Licensees as their personal data controllers within the meaning of the GDPR, as well as the Personal Data Protection Act of 10 May 2018—under their responsibility in connection with the dental services they provide—processed by the Licensor in connection with the conclusion of a Data Processing Agreement with the Licensee.
USERS’ PERSONAL DATA
Personal data of natural persons using the Application, collected and processed by Licensees as their personal data controllers within the meaning of the GDPR, as well as the Personal Data Protection Act of 10 May 2018—under their responsibility in connection with the business they conduct—processed by the Licensor in connection with the conclusion of a Data Processing Agreement with the Licensee.
LICENSEE’S PERSONAL DATA
Personal data of the Licensee as a natural person or of the person representing the Licensee.
SITE (Website)
Means the websites available at wfelgdent.com and app.felgdent.com, owned by the Licensor, connected to the Internet, enabling the use of the Application.
DEVICE
Means an electronic device through which access to the Service and the Application is obtained.
USER
Means an entity using the Application that gains access to it under a License held by the Licensee.
SERVICE USER
Means any entity using the Service.
LICENSEE
Means an entity using the Application under a License Agreement concluded with the Licensor.
LICENSE AGREEMENT
An agreement concluded between the Licensor and the Licensee governing the rules for using the Application.
DATA PROCESSING AGREEMENT
An agreement under which the Licensee entrusts the Licensor with processing the Patients’ Personal Data and Users’ Personal Data entered by the Licensee into the Application.
TERMS AND CONDITIONS
This document setting out the rules for the provision of services by electronic means to the Licensee (also referred to as the “General Terms of Use by users of the website wfelgdent.com, app.felgdent.com”), the acceptance of which by the Service User constitutes one of the necessary conditions for concluding the License Agreement and using the Application.
SERVICE
Means the provision by the Licensor of access to the Application on the Website under the License and the provision of technical support via the Helpdesk Service.
HELPDESK SERVICE
The technical support service concerning the operation of the Application, available after the User registers an Account.
TRIAL VERSION
A 30-day trial period during which the User/Licensee may use the Application free of charge in accordance with the provisions of the License Agreement.
ACCOUNT
An account created during registration in connection with the conclusion of the License Agreement, enabling the use of the Application and direct contact with the Licensor.
SUBSCRIPTION TIER
An option for using the Application selected by the User, depending on the number of doctors and the number of locations in which the User provides dental services, forming the basis for calculating the License Fee, indicated and selected by the User during registration. All information about the types of Subscription Tiers and the related fees, including the amount of the License Fee, is set out in the Pricing List.
PRICING LIST
A schedule of prices for services provided by the Licensor (including license fees determined in accordance with the selected Subscription Tier) available at http://wfelgdent.com/en/pricing
ADDITIONAL SUBSCRIPTION TIER SERVICES
Additional services available to the User/Licensee, assigned to a given Subscription Tier, the provision of which requires additional fees indicated in the Pricing List.
LICENSE FEE/SUBSCRIPTION
The fee that the Licensee is obliged to pay to the Licensor for the use of the Application under the concluded License Agreement, calculated in accordance with the Subscription Tier selected by the Licensee.
BILLING PERIOD
The period for which the License Fee is calculated, being 30 days.
1. GENERAL PROVISIONS
1) Each Service User is obliged to read these Terms and Conditions and the Privacy Policy in force at FELG Software spółka z ograniczoną odpowiedzialnością, available at https://wfelgdent.com, and to accept the terms set out therein.
2) All rules concerning the performance of agreements under which the Service Provider will provide services are set out in detail in the License Agreement.
3) No fees are charged to the Service User for using the Service. The Service User is obliged to pay license fees for the use of the Application on the basis of the concluded License Agreement, in the amount and on the terms indicated therein.
2. RIGHTS AND OBLIGATIONS OF THE USER
1) In order to use the Application, the User is required to conclude a License Agreement and pay the License Fee (the foregoing does not apply to the trial version).
2) During registration for the Application, the User is required to provide true data.
3) The User has the right to technical support provided by the Licensor electronically, by using the Helpdesk Service available after logging into the Account.
4) It is prohibited for the User to use any resources made available via the Service in a manner that infringes the Licensor’s copyrights.
5) Introducing unlawful content into the Service is prohibited, in particular content contrary to the law in force in the Republic of Poland. It is also inadmissible to use the Service in a manner contrary to the principles of social coexistence and good customs. The User bears full responsibility for introducing such content into the Service.
6) The User may not make the Application available to third parties or grant sublicenses.
7) The controller of the Patients’ Personal Data and the Users’ Personal Data entered into the Application via the Account is the Licensee.
3. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
1) As part of the License Fee paid by the Licensee, and exercising due care, the Licensor undertakes to ensure access to the Application and to ensure its operation.
2) The Licensor reserves the right to cease providing the Service and to block the User’s access to the Account in the event of:
a) the User providing incomplete or untrue data, preventing identification of the User for billing purposes;
b) the User’s breach of any of the provisions of these Terms and Conditions, if such breach prevents or significantly hinders further provision of the Service;
c) use of the Account in a manner contrary to applicable law or grossly violating good customs;
d) he User’s breach of the terms of the License;
e) making the Application available to third parties or granting sublicenses.
3) The Licensor has the right to make updates to the Application and the technological resources used to provide the Service and, for the duration of the update work, may block access to the Application, informing Users thereof in advance where reasonably possible.
4) The Licensor will make efforts to ensure that any modifications and technical work are carried out, where possible, during night-time hours so as not to hinder the use of the Application.
5) The Licensor will inform Users of any material changes that may affect the use of the Service or the Application at the earliest possible time.
4. ORDERING AND PROVISION OF THE SERVICE, SUBSCRIPTION TIERS, PAYMENTS
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The Licensor makes the Subscription Tiers available in accordance with the Pricing List.
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In order to use the Application, the Licensee is required to register and create an Account according to the following procedure:
a) The Licensee, on the Service, goes to the “Start Test” tab.
b) The Licensee completes the form by providing all necessary data.
c) The Licensee accepts, by pressing the appropriate buttons, the following documents in sequence:
i. these Terms and Conditions,
ii. the Privacy Policy (together with consent to the processing of personal data), available at: wfelgdent.com, app.felgdent.com,
iii. the License Agreement together with the Data Processing Agreement, available at: wfelgdent.com, app.felgdent.com.
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Completing all of the above stages results in the conclusion of the License Agreement and an entitlement to use the Application, including first the launch of the free Trial Version for a period of 30 days.
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During registration, the Licensee selects one of the available and offered Subscription Tiers, described in detail in the Pricing List.
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The amount of the License Fee for using the Application is stated in PLN and Euro as a net amount, to which—depending on whether the given Licensee is a registered VAT–EU taxpayer or not—VAT will be added in accordance with the rates specified in generally applicable law.
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Upon conclusion of the License Agreement, an Account is created, which serves to use the Application and enables direct contact with the Licensor, among other things via the Helpdesk Service. Upon creation of the Account, the Licensee is assigned an ID number, which they will use in connection with the use of the Application.
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After 30 days of free use of the Application under the Trial Version, the Licensee will receive, to the email address indicated during registration and to the User Account, a pro forma invoice in the amount consistent with the selected Subscription Tier, together with information about a 14-day deadline for payment of the License Fee. Payment within this deadline indicates an intention to continue using the Application. Lack of payment of the License Fee within the indicated deadline constitutes resignation from using the Application and expiration of the License Agreement; accordingly, access to the Application will be blocked by the Licensor.
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The License Fee consists of payment of remuneration for the Billing Period, payable in advance, within 14 days from the start of the new Billing Period. If Additional Subscription Tier Services are selected, the appropriate amount will be added to the License Fee in accordance with the Pricing List.
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On the first day of the new Billing Period, the Licensor generates a pro forma invoice in the amount consistent with the Subscription Tier selected by the Licensee and with the charges for the Additional Subscription Tier Services selected by the Licensee, which is sent to the Licensee to their email address and to the Account. Within up to two days from payment, the Licensee receives, sent to their email address and User Account, a VAT Invoice or an Invoice – NP.
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Since the services provided by the Licensor will be rendered within the European Union to Users located outside the country where the Licensor has its registered office, invoices issued to Users having their registered office outside the territory of the Republic of Poland and being registered VAT–EU taxpayers will not include the VAT rate applicable in Poland. Therefore, such invoice will contain the net remuneration amount and the designation NP. In such case, the Licensee is obliged to remit VAT in their own country, in accordance with the rates applicable there. In the case of a User who is a Polish VAT payer or who is not a registered VAT–EU taxpayer and has its registered office outside Poland, the VAT rate applicable under Polish law on the date of issuing the invoice will be added to the amount of the License Fee.
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The Licensee may make payment via the following forms of payment: bank transfer, payment card, other payment instruments (payment operator), available according to the information contained in the Pricing List.
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The Service Provider informs that in the case of choosing an online payment option of a recurring nature, i.e. payment of the License Fee according to the selected Subscription Tier on a continuous and automatic basis, the User consents to the charging of their card account in this respect. The Service Provider informs that liability for non-performance or improper performance of payment handling rests with the companies that are payment operators—depending on the form of payment chosen by the User.
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The Licensor reserves that in the event of a delay in payment of the License Fee exceeding 14 days, it will be entitled to block access to the Application.
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The detailed rules and conditions for using the Application are regulated in the License Agreement.
The Licensor makes the Subscription Tiers available in accordance with the Pricing List.
In order to use the Application, the Licensee is required to register and create an Account according to the following procedure:
a) The Licensee, on the Service, goes to the “Start Test” tab.
b) The Licensee completes the form by providing all necessary data.
c) The Licensee accepts, by pressing the appropriate buttons, the following documents in sequence:
i. these Terms and Conditions,
ii. the Privacy Policy (together with consent to the processing of personal data), available at: wfelgdent.com, app.felgdent.com,
iii. the License Agreement together with the Data Processing Agreement, available at: wfelgdent.com, app.felgdent.com.
Completing all of the above stages results in the conclusion of the License Agreement and an entitlement to use the Application, including first the launch of the free Trial Version for a period of 30 days.
During registration, the Licensee selects one of the available and offered Subscription Tiers, described in detail in the Pricing List.
The amount of the License Fee for using the Application is stated in PLN and Euro as a net amount, to which—depending on whether the given Licensee is a registered VAT–EU taxpayer or not—VAT will be added in accordance with the rates specified in generally applicable law.
Upon conclusion of the License Agreement, an Account is created, which serves to use the Application and enables direct contact with the Licensor, among other things via the Helpdesk Service. Upon creation of the Account, the Licensee is assigned an ID number, which they will use in connection with the use of the Application.
After 30 days of free use of the Application under the Trial Version, the Licensee will receive, to the email address indicated during registration and to the User Account, a pro forma invoice in the amount consistent with the selected Subscription Tier, together with information about a 14-day deadline for payment of the License Fee. Payment within this deadline indicates an intention to continue using the Application. Lack of payment of the License Fee within the indicated deadline constitutes resignation from using the Application and expiration of the License Agreement; accordingly, access to the Application will be blocked by the Licensor.
The License Fee consists of payment of remuneration for the Billing Period, payable in advance, within 14 days from the start of the new Billing Period. If Additional Subscription Tier Services are selected, the appropriate amount will be added to the License Fee in accordance with the Pricing List.
On the first day of the new Billing Period, the Licensor generates a pro forma invoice in the amount consistent with the Subscription Tier selected by the Licensee and with the charges for the Additional Subscription Tier Services selected by the Licensee, which is sent to the Licensee to their email address and to the Account. Within up to two days from payment, the Licensee receives, sent to their email address and User Account, a VAT Invoice or an Invoice – NP.
Since the services provided by the Licensor will be rendered within the European Union to Users located outside the country where the Licensor has its registered office, invoices issued to Users having their registered office outside the territory of the Republic of Poland and being registered VAT–EU taxpayers will not include the VAT rate applicable in Poland. Therefore, such invoice will contain the net remuneration amount and the designation NP. In such case, the Licensee is obliged to remit VAT in their own country, in accordance with the rates applicable there. In the case of a User who is a Polish VAT payer or who is not a registered VAT–EU taxpayer and has its registered office outside Poland, the VAT rate applicable under Polish law on the date of issuing the invoice will be added to the amount of the License Fee.
The Licensee may make payment via the following forms of payment: bank transfer, payment card, other payment instruments (payment operator), available according to the information contained in the Pricing List.
The Service Provider informs that in the case of choosing an online payment option of a recurring nature, i.e. payment of the License Fee according to the selected Subscription Tier on a continuous and automatic basis, the User consents to the charging of their card account in this respect. The Service Provider informs that liability for non-performance or improper performance of payment handling rests with the companies that are payment operators—depending on the form of payment chosen by the User.
The Licensor reserves that in the event of a delay in payment of the License Fee exceeding 14 days, it will be entitled to block access to the Application.
The detailed rules and conditions for using the Application are regulated in the License Agreement.
5. COMPLAINTS
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The User has the right to submit a complaint regarding services provided electronically by the Service within 14 days from the date of the visit to the Service, to the following email address: helpdesk@felgdent.com or via the Helpdesk Service after logging into the Account.
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The complaint should contain: first and last name, email address, the circumstances justifying the complaint, as well as the User’s demand related to the complaint submitted.
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The complaint will be reviewed within 14 days from the date of its proper submission.
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If the data or information provided in the complaint requires supplementation, the Licensor will, before reviewing the complaint, request that it be supplemented to the indicated extent. In such case, the time limit for reviewing the complaint starts to run from the date on which the Service Provider receives the supplemented information or data.
The User has the right to submit a complaint regarding services provided electronically by the Service within 14 days from the date of the visit to the Service, to the following email address: helpdesk@felgdent.com or via the Helpdesk Service after logging into the Account.
The complaint should contain: first and last name, email address, the circumstances justifying the complaint, as well as the User’s demand related to the complaint submitted.
The complaint will be reviewed within 14 days from the date of its proper submission.
If the data or information provided in the complaint requires supplementation, the Licensor will, before reviewing the complaint, request that it be supplemented to the indicated extent. In such case, the time limit for reviewing the complaint starts to run from the date on which the Service Provider receives the supplemented information or data.
6. PERSONAL DATA PROTECTION
The detailed rules regarding the protection of personal data by the Licensor are described in the Privacy Policy and the Data Processing Agreement, available at: https://felgdent.com.
7. LIABILITY
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The Licensor’s liability for interruptions or difficulties in using the Service is excluded if they result from:
a) circumstances beyond the control of the Licensor (e.g., force majeure),
b) the need to carry out any repair, modification, or maintenance of equipment or software used to provide the Service. In particular, the Licensee is not entitled to any claims as long as the total interruption in access to the Service does not exceed 24 hours in the Billing Period,
c) an error or delay in transmission, unless such errors or delays were caused by the Licensor,
d) damage caused by the activity of any programs (including computer viruses) belonging to third parties, the Licensee, or the User.
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The Licensor undertakes to:
a) exercise special diligence to ensure that persons authorized to process Patients’ Personal Data and Users’ Personal Data keep them confidential, even after the termination of the Data Processing Agreement;
b) maintain a register of personal data protection breaches of Patients’ Personal Data and Users’ Personal Data, documenting such breaches, including their circumstances, consequences, and remedial measures taken;
c) assist the Licensee in fulfilling the obligation to respond to requests of Patients whose Personal Data are concerned, regarding the exercise of their rights specified in Articles 15–22 of the GDPR;
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The Licensor shall notify the Licensee of any suspected breach of the protection of Patients’ Personal Data or Users’ Personal Data no later than 48 hours from the moment of becoming aware of the suspicion.
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The Licensor shall enable the Licensee to participate in the explanatory activities and inform the Licensee of the findings as soon as they are made, in particular whether a breach has been confirmed or not.
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The Licensor shall provide the Licensee with the necessary documentation regarding a confirmed breach of the protection of Patients’ Personal Data or Users’ Personal Data for the purpose of notifying the supervisory authority.
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The Licensor shall provide all necessary data required to notify the Patient or User whose Personal Data are concerned, as referred to in Article 34(3) of the GDPR, within 48 hours of the confirmation of the breach.
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The Licensor’s liability for other damages is in any case limited to three times the License Fee for the last Billing Period. If, in a given Billing Period, interruptions in the provision of the Service exceed 24 hours due to circumstances not attributable to the Licensee, the Licensor shall, at the Licensee’s request including a bank account number, promptly refund the portion of the License Fee corresponding to the ratio of the time during which the Service could not be duly provided to the entire Billing Period or, at the Licensee’s choice, credit the said portion of the License Fee towards future unpaid Billing Periods.
The Licensor’s liability for interruptions or difficulties in using the Service is excluded if they result from:
a) circumstances beyond the control of the Licensor (e.g., force majeure),
b) the need to carry out any repair, modification, or maintenance of equipment or software used to provide the Service. In particular, the Licensee is not entitled to any claims as long as the total interruption in access to the Service does not exceed 24 hours in the Billing Period,
c) an error or delay in transmission, unless such errors or delays were caused by the Licensor,
d) damage caused by the activity of any programs (including computer viruses) belonging to third parties, the Licensee, or the User.
The Licensor undertakes to:
a) exercise special diligence to ensure that persons authorized to process Patients’ Personal Data and Users’ Personal Data keep them confidential, even after the termination of the Data Processing Agreement;
b) maintain a register of personal data protection breaches of Patients’ Personal Data and Users’ Personal Data, documenting such breaches, including their circumstances, consequences, and remedial measures taken;
c) assist the Licensee in fulfilling the obligation to respond to requests of Patients whose Personal Data are concerned, regarding the exercise of their rights specified in Articles 15–22 of the GDPR;
The Licensor shall notify the Licensee of any suspected breach of the protection of Patients’ Personal Data or Users’ Personal Data no later than 48 hours from the moment of becoming aware of the suspicion.
The Licensor shall enable the Licensee to participate in the explanatory activities and inform the Licensee of the findings as soon as they are made, in particular whether a breach has been confirmed or not.
The Licensor shall provide the Licensee with the necessary documentation regarding a confirmed breach of the protection of Patients’ Personal Data or Users’ Personal Data for the purpose of notifying the supervisory authority.
The Licensor shall provide all necessary data required to notify the Patient or User whose Personal Data are concerned, as referred to in Article 34(3) of the GDPR, within 48 hours of the confirmation of the breach.
The Licensor’s liability for other damages is in any case limited to three times the License Fee for the last Billing Period. If, in a given Billing Period, interruptions in the provision of the Service exceed 24 hours due to circumstances not attributable to the Licensee, the Licensor shall, at the Licensee’s request including a bank account number, promptly refund the portion of the License Fee corresponding to the ratio of the time during which the Service could not be duly provided to the entire Billing Period or, at the Licensee’s choice, credit the said portion of the License Fee towards future unpaid Billing Periods.
8. FINAL PROVISIONS
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These Terms and Conditions enter into force on 25 May 2018.
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The Licensor reserves the right to introduce amendments to these Terms and Conditions, which shall be binding as of the date of their publication in the Service. All services shall be provided on the basis of the Terms and Conditions in force at the time they are ordered.
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For matters not regulated herein, the provisions of Polish law shall apply, in particular the Civil Code of 23 April 1964, the Act of 18 July 2002 on the Provision of Services by Electronic Means, the Act of 10 May 2018 on the Protection of Personal Data, as well as European Union law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR).
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Any disputes arising in connection with the application of these Terms and Conditions shall be settled by the common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
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If you have any questions or doubts related to the use of this Service, please contact us at: helpdesk@felgdent.com.
These Terms and Conditions enter into force on 25 May 2018.
The Licensor reserves the right to introduce amendments to these Terms and Conditions, which shall be binding as of the date of their publication in the Service. All services shall be provided on the basis of the Terms and Conditions in force at the time they are ordered.
For matters not regulated herein, the provisions of Polish law shall apply, in particular the Civil Code of 23 April 1964, the Act of 18 July 2002 on the Provision of Services by Electronic Means, the Act of 10 May 2018 on the Protection of Personal Data, as well as European Union law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR).
Any disputes arising in connection with the application of these Terms and Conditions shall be settled by the common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
If you have any questions or doubts related to the use of this Service, please contact us at: helpdesk@felgdent.com.