Terms of Service for the Provision of Electronic Services for the Wellysa Application and the www.wellysa.com Website

1. The Wellysa Philosophy

Welcome to the world of Wellysa, an ecosystem of personalised preventive healthcare services centred on the convenient Wellysa mobile Application, which is the main User interface of the system. Wellysa is a next-generation prevention system whose aim is to take preventive healthcare to a new level. We believe that health matters most, so our services are based on the idea of digital humanism, placing the User and their well-being at the centre of every digital and medical solution we offer. Wellysa combines an Application designed to be used intuitively, using the latest technologies to prepare analyses based on medical algorithms developed by the best medical experts. The Wellysa Application provides the User with reliable and relevant information about health, so that everyone can actively take care of themselves using the diagnostic and preventive tools available. On our website at www.wellysa.com and directly in the Wellysa mobile application, available in the Google Play and App Store stores, you will find detailed descriptions of all our services, both free and commercial. The Wellysa philosophy is founded on a commitment to data security, relies on advanced algorithms and promotes individual responsibility for health. Our overriding goal is to deliver a system that, by means of advanced technologies, supports a real improvement in quality of life and promotes health and prevention. At Wellysa, every User interaction with the service is another step towards more conscious and effective preventive healthcare. Wellysa supports the User in making informed health decisions, with an emphasis on simple Application design and clear communication. The Wellysa Application is more than an ordinary tool: it is a reliable medical partner providing healthcare services to a medical standard and accompanying the User on a long-term journey towards health. We help change health habits and make it easier to look after one’s own health by offering comprehensive Wellysa Services and by supporting Users in actually carrying out the recommended tests and other preventive recommendations.

2. General Provisions

2.1 The “Wellysa” mobile application (hereinafter the “Application”) and the website www.wellysa.com (hereinafter the “Website”), together referred to as the Service, are made available by NZOZ Wellysa Sp. z o.o. (hereinafter “NZOZ Wellysa”): Niepubliczny Zakład Opieki Zdrowotnej Wellysa spółka z ograniczoną odpowiedzialnością (a private healthcare provider organised as a limited liability company), with its registered office in Warsaw at ul. Grójecka 22/24/32, 02-301 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0001092700, NIP 5252996220, REGON 528027906, entered in the Register of Entities Performing Medical Activity under number 000000289562, with a share capital of PLN 5,000.

2.2 NZOZ Wellysa is a subsidiary of Wellysa Spółka Akcyjna (a joint-stock company), with its registered office in Warsaw at ul. Grójecka 22/24/32, 02-301 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000995956, NIP 7011112054, REGON 522712067, with a share capital of PLN 1,677,773.02.

2.3 These Terms of Service set out the conditions and rules for the provision of services by electronic means using the Application, including in particular: 2.3.1 the possibilities of accessing and reading the materials available in the Application, 2.3.2 the conditions and rules for creating and using a free account by the User, 2.3.3 the conditions and rules for entering into a paid Healthcare Services Agreement with NZOZ Wellysa, which provides healthcare services in the manner described below.

2.4 Using the Service is a service provided by electronic means by NZOZ Wellysa to Users, having regard to the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text: Journal of Laws of 2020, item 344).

2.5 The Terms of Service set out the conditions for using the Service and constitute an agreement between the User and NZOZ Wellysa.

2.6 The Terms of Service are an integral part of the agreement for the provision of electronic services concluded with the User. A condition for concluding the Agreement is the User’s acceptance of these Terms of Service at the time of registering the User’s account.

2.7 These Terms of Service enter into force on 2025-07-30 and apply to Agreements concluded with the User after their entry into force.

2.8 Wellysa makes the Terms of Service available to Users through the Application and the website www.wellysa.com before the Agreement is concluded, in the ICT system, in a way that allows them to be downloaded, printed and saved.

2.9 Acceptance of these Terms of Service is equivalent to the User’s parallel acceptance of the NZOZ Wellysa Privacy Policy, which is a separate document made available to the User through the Application and the website www.wellysa.com before the Agreement is concluded, in the ICT system, in a way that allows it to be downloaded, printed and saved.

3. Definitions

3.1 Application – the “Wellysa” mobile application, owned by NZOZ Wellysa, which makes it possible in particular to Register, to use the User’s account free of charge, to purchase the Wellysa Service and to carry out the purchased Wellysa Service properly.

3.2 Personal data – any information relating to an identified or identifiable natural person. Personal data is processed only by authorised entities.

3.3 Medical data – any information concerning the user’s health, such as, among others, personal and family medical history, the results of DNA mutation tests or of tests of blood or other biological material, and the results of other medical tests which NZOZ Wellysa holds and processes, with the User’s consent and knowledge, as part of the Wellysa Services offered to the User. Medical data is processed only by authorised entities.

3.4 Payment Service Provider – a payment service provider within the meaning of the Act of 19 August 2011 on Payment Services, which handles the Fees covered by the Terms of Service.

3.5 Account – the User’s individual account in the Application, in which the User has access in particular to information about the Orders placed by the User.

3.6 Partner Code – information containing a barcode or numeric code which allows the Wellysa Service to be used once, in particular to gain access to the part of the Application dedicated to handling paid Wellysa Services.

3.7 Discount Code – information containing a barcode or numeric code which allows a paid Wellysa Service to be used at a reduced price. The code may specify a percentage or a fixed-amount discount calculated from the amount of the Fee for the given Wellysa Service. Discount Codes may be multiple-use or single-use, and may be valid indefinitely or for a specified period.

3.8 Laboratory – a medical entity, whether or not it operates a Collection Point, within the meaning of Article 2(1) of the Act of 15 September 2022 on Laboratory Medicine (consolidated text: Journal of Laws of 2023, item 2125), which provides healthcare services under an agreement for the provision of healthcare services with NZOZ Wellysa.

3.9 Fee – the amount paid by the User immediately after ordering a Wellysa Service performed by NZOZ Wellysa, the amount of which is stated each time before the placing of the Order is confirmed.

3.10 Wellysa Partner – a collective term for all entities cooperating with NZOZ Wellysa under cooperation agreements, contracts for specific work or agency agreements, in the field of promoting preventive healthcare.

3.11 Wellysa Medical Partner – a collective term for all entities cooperating with NZOZ Wellysa or providing medical services to it under cooperation agreements or agreements for the provision of medical services. Only an entity entered in the Register of Entities Performing Medical Activity, or a medical specialist holding a current Right to Practise (PWZ, the doctor’s licence number), may become a Wellysa Medical Partner.

3.12 Wellysa Scientific Partner – a collective term for all entities cooperating with NZOZ Wellysa under scientific cooperation agreements.

3.13 Privacy Policy – the document “Privacy and Cookies Policy for the Wellysa Mobile Application and the www.wellysa.com Website”. Acceptance of the terms of the privacy policy is a necessary element of creating the User’s account.

3.14 Collection Point – a location of a Laboratory unit or an independent Wellysa Medical Partner at which the User may give a biological sample for testing as part of the Wellysa Service, on the days and at the hours of stated availability. The current list of Collection Points and their opening hours is available in the Application.

3.15 Wellysa Report – a medical document of NZOZ Wellysa, delivered as a file or a set of files in PDF format, placed by authorised employees of NZOZ Wellysa in the individual user account in the Application, which, depending on the scope of the Wellysa Service purchased, may consist of: (i) the results of completed questionnaires, (ii) the results of DNA tests, (iii) the results of tests of blood or other biological material, (iv) preventive recommendations, (v) other information relevant to medical prevention.

3.16 Registration – creating the User’s account, which enables further use of the Application and access to Wellysa Services.

3.17 GDPR – 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 (Official Journal of the EU L 119, 2016, p. 1, as amended).

3.18 Service – the “Wellysa” mobile application and the website www.wellysa.com together.

3.19 Website – the website www.wellysa.com, which is the property of NZOZ Wellysa.

3.20 Provision of services by electronic means – the performance of a service provided without the simultaneous presence of the parties (at a distance), by transmitting data at the individual request of the User, sent and received by means of electronic data processing equipment, including digital compression, and data storage, which is entirely sent, received or transmitted by means of a telecommunications network within the meaning of the Act of 16 July 2004, Telecommunications Law (consolidated text: Journal of Laws of 2024, item 34).

3.21 Agreement for the provision of services by electronic means – an agreement for the provision of services by electronic means concluded between NZOZ Wellysa and the User, setting out the rules and conditions on which the User’s account is created and maintained, as well as the rules for concluding Healthcare Services Agreements offered by NZOZ Wellysa through the Application.

3.22 Healthcare Services Agreement – an agreement concluded through the Application between NZOZ Wellysa and the User.

3.23 Wellysa Service – a medical service serving prevention (healthcare services within the meaning of Article 2(1)(10) of the Act of 15 April 2011 on Medical Activity (consolidated text: Journal of Laws of 2024, item 799)), comprising various healthcare services, individually or as a set of services, which will be provided using the Application and/or in the form of physical tests, carried out by medical entities authorised to provide healthcare services, that is NZOZ Wellysa, the Laboratory, Collection Points and Wellysa Medical Partners, such as:
3.23.1 the drawing of blood or other biological material at a Laboratory, Collection Point or Wellysa Medical Partner.
3.23.2 self-collection of other material by the User, using a specialist self-collection kit received in person or by post, and delivery of it for analysis, in person or by post, to the address of the Laboratory, Collection Point or Wellysa Medical Partner indicated by NZOZ Wellysa.
3.23.3 analysis of a questionnaire on the personal and family history of selected diseases (hereinafter the “Genogram Analysis”),
3.23.4 testing of biological material for carriage of DNA mutations, carried out using various laboratory testing methods,
3.23.5 testing of blood or other collected biological material in order to determine the level of various medical metrics,
3.23.6 a repeat procedure where necessary, e.g. a repeat blood draw and renewed analysis of the biological material, where there are significant medical indications,
3.23.7 a medical teleconsultation to discuss high medical risk and further medical recommendations,
3.23.8 preparation of the Wellysa Report, delivered as a PDF file in the Application, containing the results of the tests and analyses performed, risk markings, and recommendations on follow-up tests and lifestyle.
3.23.9 performance of any other medical procedures and services whose performance is medically recommended for the given User and which the Wellysa Application offers at the given time.

3.24 User – any adult natural person with full legal capacity who in any way uses the Application and/or has registered in the Application and/or has purchased a Wellysa Service, has accepted the provisions of these Terms of Service for the Wellysa Service and the terms described in the Privacy Policy, and/or places an Order and purchases a Wellysa Service and uses the Wellysa Service, in a manner not directly related to their business or professional activity.

3.25 Conditions – the document “Wellysa Service Conditions” setting out the rules on which NZOZ Wellysa performs Healthcare Services Agreements whose subject is the provision of the healthcare services that make up the Wellysa Service. Acceptance of the Conditions is a necessary element of the process of purchasing the Wellysa Service.

3.26 Order – a declaration of intent aimed at concluding a Healthcare Services Agreement with NZOZ Wellysa, addressed to the User through the Application and preceded in particular by the selection of a Wellysa Service from the options available to the User, acceptance of the Terms of Service for the Wellysa Service, the Wellysa Privacy Policy and the Wellysa Service Conditions, and selection of the form of payment.

4. Rules of Operation of the Application

4. Rules of Operation of the Application

4.1 The Application enables the User to:
4.1.1 access knowledge, comprising educational content on prevention and informational content presenting the Wellysa philosophy of prevention and the scope of the Wellysa Services.
4.1.2 access a profile, allowing the User’s data and the consents given to NZOZ Wellysa to be edited and invoices for purchased Wellysa Services to be accessed,
4.1.3 access a prevention profile, allowing a preliminary determination of basic medical recommendations and recommended tests on the basis of basic medical metrics, such as age, sex and basic history of certain diseases,
4.1.4 access a personal calendar of preventive tests, determined by NZOZ Wellysa on the basis of the free prevention profile that has been built
4.1.5 access the Wellysa Assistant, which reminds the User of upcoming dates for recommended tests and of any update of recommendations.
4.1.6 conclude through it a Healthcare Services Agreement with NZOZ Wellysa, so that the User obtains a medical service called the Wellysa Service, the purchase of which gives access in the Application to all or some of the following modules, depending on the scope of the Wellysa Service purchased:
4.1.6.1 access to the genogram module, that is, a specialist questionnaire on personal and family health history and the history of certain diseases,
4.1.6.2 access to the sample collection module, that is, carrying out the process of drawing blood or other material for testing, at a Laboratory facility, a collection point or a selected Wellysa Medical Partner.
4.1.6.3 access to the self-collection module, that is, carrying out the process of collecting material by the User personally, at home, using a specialist self-collection kit received in person or by post, and delivery of it for analysis, in person or by post, to the address of the Laboratory, Collection Point or Wellysa Medical Partner indicated by NZOZ Wellysa.
4.1.6.4 access to the results module, presenting the results of tests carried out as part of the Wellysa Services,
4.1.6.5 access to the Wellysa Report, that is, a PDF document prepared by NZOZ Wellysa, summarising the results of the medical services carried out as part of the Wellysa Service and the conclusions and preventive recommendations arising from them,
4.1.6.6 a one-off update of the Wellysa Assistant and an update of the individual test calendar, based on the recommendations arising from the performance of the Wellysa Service.
4.1.6.7 access to the teleconsultation module, allowing a convenient date to be arranged and a teleconsultation with a Doctor to be held by video call on a mobile device.

4.2 The Healthcare Services Agreement is concluded between the User and NZOZ Wellysa through the Wellysa Application.

4.3 The User may use the Application by installing it free of charge on a mobile device. The Application is available in the App Store and Google Play online stores. Buttons are placed on the website www.wellysa.com which take the User to those platforms in order to download the Application.

4.4 In order to use the services referred to in point 4.1, the User is required to Register in the Application.

4.5 Registration in the Wellysa Application is free of charge.

4.6 Wellysa Services are provided for a fee and may give access to modules of the Wellysa Application that are not available free of charge.

4.7 Services provided by electronic means through the Application, consisting in enabling the User to access and download test results and the Wellysa Report, do not constitute the provision of healthcare services, but are intended solely to make medical records available in accordance with the requirements of the Act of 6 November 2008 on Patient Rights and the Patient Ombudsman, to the extent that they were created in the course of services provided by NZOZ Wellysa under the Healthcare Services Agreement concluded with the User.

5. Technical Requirements

5.1 NZOZ Wellysa continuously supervises the technical functioning of the Service, ensuring that it operates correctly. NZOZ Wellysa does not guarantee permanent availability of the Service.

5.2 In order to make full use of the functionality offered by the Application, it is recommended that the following technical conditions be met: having a device (telephone) running the iOS operating system (minimum version 13.0) or Android SDK (minimum version 21), with access to the Internet. Using the Website requires access to the Internet and a browser capable of displaying the Website.

5.3 NZOZ Wellysa reserves the right to withdraw or modify the Service for any reason (e.g. for reasons of privacy protection or other legal considerations relating to the content or manner of operation of the Service), and also reserves the right to suspend the operation of the Service temporarily, e.g. for maintenance work connected with modifying the Service.

5.4 NZOZ Wellysa reserves the right to deprive the User of the ability to use the Service, in particular the Application (by blocking or deleting their account), with immediate effect in the event of a breach of these Terms of Service by the User, in particular where the User:
5.4.1 provided during Registration in the Service data that is untrue, inaccurate or out of date, misleading or infringing the rights of third parties,
5.4.2 has infringed the personal rights of third parties through the Service,
5.4.3 has engaged in other conduct which NZOZ Wellysa considers reprehensible, contrary to applicable law and/or the general rules of using the Internet, contrary to the purposes for which the Service was created, or harmful to the good name of NZOZ Wellysa.

5.5 A User who has been deprived of the right to use the Service may not Register in the Service again without the prior consent of NZOZ Wellysa.

5.6 NZOZ Wellysa reserves the right to suspend the operation of the Service at any time and for any reason. In such a case, registered Users will be notified of this.

5.7 The availability of the Service may depend in particular on meeting the technical conditions referred to in point 5.2, data transmission plans, use of the Internet and electronic communications, and NZOZ Wellysa does not guarantee uninterrupted and undisturbed access to the Service, owing to the characteristics of the Internet and of the User’s computer equipment, which are beyond the control of NZOZ Wellysa.

6. Registration

6.1 To create an account in the Application, the User must provide their first name and e-mail address.

6.2 The User sets a password for the Application, which must consist of at least 8 characters and at least one capital letter and one digit.

6.3 Before Registering, the User must read and accept the content of the Terms of Service and the Privacy Policy.

6.4 After fulfilling the above obligations, in order to confirm that the User has access to the e-mail address provided, the User will receive by e-mail a message with an activation link, the opening of which confirms access to the e-mail address indicated.

6.5 Registration is deemed to have been completed upon activation of the User’s account.

6.6 After Registration is completed, the User will receive the Terms of Service electronically at the e-mail address provided by the User during Registration.

7. Purchase of the Wellysa Service

7.1 After Registering, in order to proceed to the section for placing an Order for the performance of a Wellysa Service, the User should read:
7.1.1 The Simplified Information presented in the Application, before the purchase begins, which sets out in simplified form the most important elements of the healthcare service being ordered as part of the Wellysa Service ordered.
7.1.2 The Wellysa Service Card, available as a PDF file to download in the Application next to the section presenting the simplified information about the service, setting out the detailed scope of the healthcare services ordered and the rules for performing them, as well as the deadlines guaranteed by NZOZ Wellysa for performing the individual elements of the service.
7.1.3 The Map of facilities, showing the Laboratories, Collection Points and Wellysa Medical Partners at which all, or the necessary part, of the Wellysa Service ordered can be carried out, in particular giving blood or other material for testing, collecting a self-testing kit or carrying out another healthcare service in the field of preventive medicine.

7.2 After reading the information indicated in point 7.1, the User must:
7.2.1 read and accept the “Wellysa Service Conditions” and confirm that they are aware that they are concluding a healthcare services agreement with NZOZ Wellysa at a distance, and confirm that acceptance of the “Wellysa Service Conditions” means giving informed consent to the provision of the healthcare service which is the Wellysa Service provided by NZOZ Wellysa and carried out in cooperation with Laboratories, Collection Points and Wellysa Medical Partners,
7.2.2 read and accept the “Privacy and Cookies Policy for the Wellysa Mobile Application and the www.wellysa.com Website”, on the ways in which NZOZ Wellysa guarantees the confidentiality and protection of personal and medical data,
7.2.3 confirm that they have been informed and acknowledge that performance of the Wellysa Service before the end of 14 days from the date of conclusion of the Healthcare Services Agreement results, by virtue of Article 38(1) of the Act of 30 May 2014 on Consumer Rights, in loss of the right to withdraw from the healthcare services agreement, because performance of the Healthcare Services Agreement has begun at the User’s request.
7.2.4 if there is a medically justified need, submit through the Application the necessary declarations confirming that the User meets specific medical conditions qualifying them to purchase the given Wellysa Service. Medical declarations may concern, for example, a statement of the state of personal or family medical history, or genetic membership of specified ethnic groups, or others related to the design of the given Wellysa Service. The need to submit separate medical declarations, depending on the Wellysa Service chosen, arises from the medical design of the individual services, which are designed for individually determined User risk profiles. NZOZ Wellysa cannot guarantee the appropriate quality of performance of a preventive service if the service is incorrectly matched to the User’s risk profile.

7.3 Failure to give consent to the provision of the healthcare service is equivalent to being unable to use the Wellysa Service.

7.4 After placing the Order, the User is redirected to a page allowing the Fee for the Wellysa Service to be paid, in accordance with point 8 of the Terms of Service.

8. Fee

8.1 The User is required to pay the Fee for the provision of the Wellysa Service in advance.

8.2 The Fee may be paid through the Application. Entering a Partner Code into the Application by the User is also deemed payment of the Fee. In such a case, the provisions of points 8.3 – 8.8 do not apply.

8.3 At the stage of finalising the Order and paying the Fee, the User, if they have one, may enter a Discount Code, which may change the price of the Wellysa Service.

8.4 The User may pay the Fee using online payment through a payment gateway provided by the Payment Service Provider.

8.5 The User may use one of the following payment methods, handled by the Payment Service Provider: (i) payment card (Visa or Mastercard); (ii) quick online transfer; (iii) BLIK; (iv) payment in 3 instalments with Klarna. The payment method must be selected each time before confirming the placing of the Order.

8.6 After selecting the payment method and confirming it by clicking the button “I confirm with an obligation to pay”, the User will be shown an appropriate panel enabling the Fee to be paid in the Application in the chosen way. The panel presented in the Application is operated by the Payment Service Provider.

8.7 If the User chooses to pay by card, by online transfer or with a BLIK code, the User is obliged, at the time of placing the Order, to have funds corresponding to the amount of the Fee. If the Fee is not paid, the Order will not be carried out.

8.8 The User acknowledges that they will receive an invoice in connection with payment of the Fee and consents to NZOZ Wellysa issuing electronic invoices as PDF files and sending them to the User at the e-mail address indicated by the User in the User’s account, and to their being placed in the Application in the profile module.

8.9 The price for performing the Wellysa Service is set out in the price list available in the Application.

8.10 The Fee is deemed to have been paid when the funds are credited to the account of NZOZ Wellysa. Upon payment of the Fee, the Healthcare Services Agreement is concluded between NZOZ Wellysa and the User on the terms indicated in the Order.

8.11 After successful payment, the User will receive a message at the e-mail address provided when creating the User’s account in the Application, containing at least:
8.11.1 confirmation that the Fee has been paid,
8.11.2 confirmation of the conclusion of the Healthcare Services Agreement,
8.11.3 the Wellysa Service Conditions.

8.12 Notwithstanding the placing of the Order and payment of the Fee, NZOZ Wellysa and the Laboratory will not perform the Healthcare Services Agreement if the User has provided data in a form that makes it impossible to provide healthcare services (e.g. a made-up name and surname or PESEL, or a mistake in the telephone number indicating that no such number exists). The impossibility of performing the Healthcare Services Agreement for the reasons indicated in point 8.12 is not grounds for a refund of the Fee.

9. Completing the Profile

9.1 After purchasing the Wellysa Service, the User is asked to complete the profile with detailed personal data necessary for the performance of the medical service, such as:
9.1.1 surname,
9.1.2 PESEL,
9.1.3 home address,
9.1.4 contact telephone number

10. Consent to Scientific Research

10.1 The research conducted by NZOZ Wellysa aims to identify significant medical markers, such as DNA changes, biochemical changes, changes in blood parameters or other deviations in the materials and metrics tested, as well as health-correlated behavioural and environmental markers which, individually or in interaction with one another, cause an increased risk of falling ill with serious diseases, such as heart disease, cancer and others.

10.2 Scientific research may be carried out by NZOZ Wellysa independently or in cooperation with Scientific Partners.

10.3 The current list of Scientific Partners with which scientific cooperation agreements have been concluded is:
10.3.1 Medycyna Diagnostyczna Pomorskiego Uniwersytetu Medycznego Sp. z o.o.,
10.3.2 Ośrodek Nowotworów Dziedzicznych Pomorskiego Uniwersytetu Medycznego w Szczecinie (the Hereditary Cancer Centre of the Pomeranian Medical University in Szczecin),
10.3.3 Read Gene NZOZ Innowacyjna Medycyna Sp. z o. o,
10.3.4 Interhem Sp. z o.o.

10.4 The research projects in which NZOZ Wellysa participates are:
10.4.1 The project “Oncology Biobank – creation of a register of clinical data and biological samples for genetic-clinical correlation studies” (“Onkologiczny Bank Próbek Biologicznych – utworzenie rejestru danych klinicznych i próbek biologicznych do badań korelacji genetyczno-klinicznych”). Read Gene NZOZ Innowacyjna Medycyna Sp. z o. o, in cooperation with the Hereditary Cancer Centre of the Pomeranian Medical University in Szczecin and Medycyna Diagnostyczna Pomorskiego Uniwersytetu Medycznego Sp. z o.o., together with numerous research centres in Poland and worldwide, has for many years been conducting research on genetic-clinical correlations aimed at improving prevention, early diagnosis and treatment of hereditary cancers. The results of research in recent years (publications available, among other places, in the Application, in the knowledge module) have shown that the combined analysis of pedigree and clinical data (genogram), the occurrence of the DNA founder mutations most common in the Polish population, and the measurement of the concentration of elements in the blood is very effective in identifying people at high risk of cancer.

10.5 From persons who give voluntary consent to participate in the research, the biological material (blood or other material) collected for the purpose of performing the Wellysa Service may be stored in closed premises, with no possibility of access to the material by unauthorised persons. The tissues collected, labelled only with a code number, will be stored in a safe place for a period of up to 25 years. After that time they will be destroyed, or all information enabling the samples to be linked to the patient will be completely destroyed.

10.6 NZOZ Wellysa reserves the right to destroy the samples, or to instruct the Scientific Partner with which it carries out scientific research to destroy the samples, for any reason, both during the research and after its completion.

10.7 Personal data will never be disclosed, and the results of the research will always be published in anonymised form.

10.8 At any time, research participants may withdraw their consent to participate in the programme, which will in no way affect the performance of the Wellysa Service purchased.

10.9 By giving consent to the use of data for scientific research, the User acknowledges that data processed in scientific projects may also be used in anonymised form in other research conducted by Wellysa Scientific Partners

10.10 Wellysa informs that the research conducted by Wellysa is in the nature of longitudinal statistical analyses and is not a medical experiment within the meaning of Article 21(4) of the Act on the Professions of Physician and Dentist.

10.11 Additional questions from the User concerning participation in scientific research may be sent to nauka@wellysa.com

11. Consent to Communication

11.1 The User will be asked to give voluntary consent to receive marketing communications in order to be informed of new functionalities and of additional campaigns run by NZOZ Wellysa through the Wellysa Application.

11.2 The User may consent to contact by SMS and/or e-mail and/or phone notifications.

12. Family Cancer History Questionnaire

12.1 If the Wellysa Service purchased includes a service consisting of carrying out a Genogram Analysis, in order for the Wellysa Service to be performed the User must complete in the Application a questionnaire on personal and/or family history of certain diseases. Please remember that the answers given to the questions asked in the questionnaire are necessary for the User’s risk to be identified correctly. The User should complete the questionnaire without haste, and completing the questionnaire in the Application can be interrupted and resumed at another time. If the User does not know the answer to a question and is unable to establish it, the User may choose the option “I don’t know”.

12.2 After all the fields of the genogram questionnaire have been completed, the User will be shown a summary of the questionnaire. If errors and gaps that can be corrected are identified, the User should edit the questionnaire and change the data entered incorrectly or, once the answers have been established, complete the unfilled fields.

12.3 After finally completing and checking the questionnaire, the User sends the questionnaire for further medical analysis. Sending the questionnaire closes any further possibility of editing it.

13. Giving Blood or Other Material

13.1 If the Wellysa Service purchased requires the User to have blood or other biological material drawn, the User selects in the Application an available Laboratory, Collection Point or Wellysa Medical Partner at which all or part of the Wellysa Service can be carried out.

13.2 From the list of available facilities presented in the Application at which the User can carry out all or part of the Wellysa Service, the User selects a convenient facility at which they decide to give the biological material for testing. The User can change the choice of Collection Point until they visit the reception of the selected point and the process of performing the service is authorised at reception.

13.3 The Wellysa Service may require special preparation by the User for the test, e.g. a specialist diet. After selecting the address of the facility at which the User wants to carry out all or part of the Wellysa Service, the User receives information about the recommended way of preparing for the test. By going to the selected facility, the User declares that they have followed the recommendations. Carrying out the Wellysa Service despite not following the recommendations may make it impossible to perform the Wellysa Service correctly, including resulting in incorrect results and an incorrectly identified risk, as well as in the formulation of incorrect preventive recommendations.

13.4 The User visits the selected facility and presents their Wellysa Application at reception, and then follows the instructions of the employee of the selected facility, who gives instructions on the further stages of performing the Wellysa Service.

13.5 After drawing blood or other material, the Laboratory, Collection Point or Wellysa Medical Partner labels the sample accordingly, in a way that allows it to be correctly identified, and then passes the samples to NZOZ Wellysa, or to the Laboratory or Wellysa Medical Partner indicated by NZOZ Wellysa.

14. Analysis of Results and the Wellysa Report

14.1 The Laboratory, Collection Points and Wellysa Medical Partners cooperate with NZOZ Wellysa on the basis of an Agreement for the provision of healthcare services.

14.2 The sample of blood or other material collected is tested and its result is passed to NZOZ Wellysa.

14.3 Authorised employees of NZOZ Wellysa carry out the final analysis of all the results of the tests ordered and then, with the support of the Wellysa analytical system, prepare the Wellysa Report, presenting the risk marking and the preventive recommendations formulated.

14.4 The Wellysa Report is prepared within the period stated on the Wellysa Product Card, which forms part of the Wellysa Service agreement concluded.

14.5 Access to the information contained in the Wellysa Report is held only by the User and authorised employees of NZOZ Wellysa, as well as doctors authorised by name by the User who are Wellysa Medical Partners or provide medical services to Wellysa Medical Partners.

15. Liability

15.1 NZOZ Wellysa is responsible for performing the healthcare services that form part of the Wellysa Service and are the subject of the Healthcare Services Agreement concluded with the User. The detailed rules of liability for the security and processing of personal and/or medical data are described in the document “Privacy and Cookies Policy for the Wellysa Mobile Application and the www.wellysa.com Website”

15.2 NZOZ Wellysa is not liable for:
15.2.1 the User providing, during Registration, when purchasing the Wellysa Service or during performance of the Wellysa Service, data that is untrue, incomplete or out of date,
15.2.2 any damage caused by Users infringing the rights of third parties in connection with the use of the Application,
15.2.3 the consequences of a third party taking over the User’s password for the Application,
15.2.4 damage arising as a result of disruptions in the operation of the Application or its unavailability caused by reasons beyond the control of NZOZ Wellysa, or which occurred as a result of events that NZOZ Wellysa was unable to prevent,
15.2.5 any damage caused by the User’s failure to comply with the provisions of these Terms of Service,
15.2.6 a refusal by the Laboratory, Collection Point or Wellysa Medical Partner to provide healthcare services as part of the Wellysa Service, and damage resulting from it.

16. Intellectual Property Rights

16.1 Content placed in the Service, such as graphics, texts, icons, illustrations, trademarks, databases and software, and their layout and composition, are protected, as appropriate, under the Act of 4 February 1994 on Copyright and Related Rights, the Act of 27 July 2001 on the Protection of Databases, the Act of 30 June 2000 – Industrial Property Law, and the Act of 16 April 1993 on Combating Unfair Competition.

16.2 The rights to works, trademarks and databases made available in the Service belong to NZOZ Wellysa or to third parties. Where those rights belong to third parties, NZOZ Wellysa presents the works, trademarks and databases in the Service on the basis of appropriate agreements concluded with those persons, in particular licence agreements and agreements on the transfer of economic copyright, or on the basis of the relevant legal provisions.

16.3 Without the express written consent of NZOZ Wellysa, no part of the Service may be reproduced, distributed or used in any way contrary to the terms of the licence referred to in point 16.4 below. In particular, a user of the Service may not modify, translate, adapt, decompile, reverse engineer, sell or sublicense elements of the Service, or use derivative works based on them, without the prior written consent of NZOZ Wellysa.

16.4 NZOZ Wellysa grants the User a non-exclusive licence entitling the User to use works distributed within the Service, including through the functionalities available, solely for non-commercial purposes, covering the following fields of exploitation:
16.4.1 in the case of the Application – in the scope of recording and reproducing works, by installing the Application software on a mobile device;
16.4.2 in the case of the Application and the Website – in the scope of distributing works, by displaying or playing the work, solely as part of use of the Service in accordance with the Terms of Service.

17. Complaints Procedure

17.1 The User has the right to submit enquiries, comments and complaints in connection with the Wellysa Services provided through the Application.

17.2 All complaints relating to the performance of the Agreement for the provision of services by electronic means, as well as comments and questions, should be submitted to NZOZ Wellysa by e-mail to helpdesk@wellysa.com.

17.3 All complaints relating to the performance of the Healthcare Services Agreement, as well as comments and questions, should be submitted to NZOZ Wellysa, which is the medical entity that is a party to the Healthcare Services Agreement, by e-mail to: medycyna@wellysa.com

17.4 It is recommended that a complaint contain at least:
17.4.1 data allowing the User to be identified and contacted: first name and surname, e-mail address, contact telephone number, correspondence address,
17.4.2 the subject of the complaint and the circumstances on which it is based, together with the date on which they occurred,
17.4.3 the User’s expectations of NZOZ Wellysa, in particular an indication of the action desired from NZOZ Wellysa

17.5 NZOZ Wellysa, to which the complaint has been addressed, will consider the complaint within 14 days of receiving it and will inform the User of the outcome without delay by e-mail. Where the data or information provided in the complaint need to be supplemented, NZOZ Wellysa may, before considering the complaint, ask the person making the complaint to supplement it. In such a case the 14-day period is counted from the moment the User correctly supplements the data.

18. Medical Records

18.1 NZOZ Wellysa, the Laboratories, Collection Points and Wellysa Medical Partners are required to keep medical records in connection with the healthcare services provided to the User as part of the provision of Wellysa Services

18.2 Medical records kept by the individual entities performing the healthcare services are kept, stored and made available in accordance with the rules arising from generally applicable law, in particular the provisions of the Act of 6 November 2008 on Patient Rights and the Patient Ombudsman, the Act of 28 April 2011 on the Healthcare Information System, and the Regulation of the Minister of Health of 6 April 2020 on the types, scope and templates of medical records and the manner of their processing.

19. Conclusion and Termination of the Agreement

19.1 The Agreement for the provision of services by electronic means is concluded when NZOZ Wellysa begins providing services in the Service, and in particular after Registration of the User’s account and after purchase of the Wellysa Service.

19.2 An agreement concerning services of displaying content in the Service is concluded for a fixed period and terminates when the use of the Services ends. An agreement concerning services whose provision requires Registration of an Account and logging in is concluded for an indefinite period and terminates when the account of the given User is deactivated.

19.3 The User is entitled to terminate the Agreement for the provision of services by electronic means. The Agreement is terminated by making a declaration by selecting the “Delete Account” option located in the Application.

19.4 After successfully completing the procedure described in point 19.3, the Agreement for the provision of services by electronic means expires on the lapse of a 30-day notice period, counted from the day the declaration is made, that is, from making the declaration by selecting the “Delete Account” option located in the Application.

19.5 The Healthcare Services Agreement concluded by NZOZ Wellysa with the User is deemed concluded when the User pays the Fee.

19.6 The Healthcare Services Agreement remains in force until the Wellysa Service has been performed or its performance has been refused, in accordance with the provisions of the Terms of Service.

20. Final Provisions

20.1 NZOZ Wellysa reserves the right to amend these Terms of Service at any time. Amendments to the Terms of Service apply from the moment they are placed in the Application and concern agreements concluded after the Terms of Service have been published.

20.2 In matters not regulated by these Terms of Service, the provisions of applicable law shall apply, in particular the Act of 23 April 1964, the Civil Code, and the Act of 18 July 2002 on the Provision of Services by Electronic Means,

20.3 All disputes relating to the Services provided by NZOZ Wellysa as part of the Service will be resolved by the competent Polish common courts.