Terms & Conditions
§ 1. General provisions
1. These terms of service (the “Terms”) set out the rules and conditions for using the “ProCordis” web application (also known as “ProCordis.AI”), available at https://app.procordis.ai (the “Application”), and the services provided by the Service Provider.
2. The Application is used to support the interpretation of electrocardiographic (ECG) recordings on the basis of photographs of printed ECGs uploaded by the Customer, using an artificial intelligence system, for educational and consultation purposes. The Application is intended for professional use — by persons practising medical professions and by students of medical degree programmes — whereby the Application may be used both by Entrepreneurs and by Consumers who meet the requirements set out in § 3.
3. Regulatory status of the Application. The Application has not undergone a conformity assessment procedure under Regulation (EU) 2017/745 of the European Parliament and of the Council (MDR), does not bear CE marking as a medical device, is not registered in EUDAMED and is not placed on the market as a medical device in any jurisdiction. It is made available as an educational and consultation tool pending completion of that process, and must not be used as, or in place of, a certified diagnostic device. The results generated by the Application do not constitute a medical diagnosis or medical advice and do not replace a medical examination or the clinical assessment performed by qualified medical personnel. Detailed reservations are set out in § 3 and § 11 of the Terms. The Application is not cleared, approved or registered by the U.S. Food and Drug Administration and is not made available for use in the United States.
4. The Terms constitute the terms of service referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means (the “Act on the Provision of Services by Electronic Means”).
5. The service provider is ProCordis spółka z ograniczoną odpowiedzialnością (limited liability company) with its registered office in Wrocław, ul. Andrzeja Frydeckiego 4/23, 54-115 Wrocław, Poland, entered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0001182450, NIP (tax ID): 8943264248, REGON: 542181105, share capital: PLN 10,000.00 (the “Service Provider”).
6. The Service Provider can be contacted:
1) by e-mail — at: contact@procordis.ai,
2) by post — at: ul. Andrzeja Frydeckiego 4/23, 54-115 Wrocław, Poland.
7. In accordance with Regulation (EU) 2022/2065 (Digital Services Act) (the “DSA”), the Service Provider has designated a contact point for direct communication with the authorities of EU Member States, the European Commission, the European Board for Digital Services, and with Customers of the Application, in matters covered by the DSA. The contact point is available at: contact@procordis.ai. Communication may be conducted in Polish or English.
8. Before starting to use the Application, the Customer is obliged to read the Terms and the Privacy Policy.
§ 2. Definitions
Capitalised terms used in the Terms have the following meaning:
1. Analysis — a digital service consisting in the automatic processing of ECG Images uploaded by the Customer and the generation of an interpretive result by the AI system, comprising the Basic Analysis and — upon payment of the Fee — the Extended Analysis,
2. Basic Analysis — the free-of-charge scope of the Analysis result, including in particular heart-rate parameters, rhythm and regularity assessment, and time intervals,
3. Extended Analysis — paid digital content within the meaning of the Consumer Rights Act, delivered on a one-off basis for a specific Order, comprising — beyond the scope of the Basic Analysis — in particular the assessment of the cardiac (electrical) axis and a list of detected potential abnormalities,
4. Price List — information on the current price of the Extended Analysis and the conditions of its purchase, presented to the Customer in the Application before the purchase is made,
5. Consumer — a natural person performing a legal transaction with the Service Provider that is not directly related to that person’s business or professional activity,
6. Account — a panel created in the Application’s IT system enabling the Customer to use its functionalities; an organisation profile (e.g. of a practice or healthcare entity) containing billing data may be linked to the Account,
7. Non-conformity — non-conformity of the Service with the Contract concerning its supply (the criteria for assessing conformity are set out in Article 43k(1)–(2) of the Consumer Rights Act),
8. ECG Image — a photograph or scan of a printed ECG recording uploaded by the Customer to the Application as part of an Order, after the Customer has first removed all patient-identifying data in accordance with § 3(8)–(10),
9. Redaction Tool — the image editor made available in the Application, running in the Customer’s web browser, by which the Customer permanently removes patient-identifying regions from an ECG Image before it is uploaded, as described in § 3(8) and § 11(3),
10. Review — the Customer’s review of, or feedback on, the Application or an Analysis result (including the result rating available in the Application), covering a description of the Customer’s experience related to the use of the Service,
11. Fee — a one-off fee paid by the Customer in advance in exchange for the delivery of the Extended Analysis for a given Order, determined in accordance with the Price List in force at the time it is ordered,
12. Privacy Policy — the document containing information on the processing of Customers’ personal data by the Service Provider, available at: https://procordis.ai/privacy-policy,
13. Entrepreneur — a natural person, a legal person or an organisational unit without legal personality on which statute confers legal capacity, conducting business or professional activity in its own name, performing a legal transaction with the Service Provider directly related to that activity,
14. Entrepreneur with Consumer rights — a natural person concluding a Contract directly related to their business activity, where the content of the Contract shows that it is not of a professional character for that person, arising in particular from the subject of their business activity,
15. Terms — the term defined in § 1(1) of the Terms,
16. Customer Content — any data (including personal data), electronic files, information and materials saved by the Customer in the Account, in particular ECG Images,
17. Contract — a contract for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to supply the Customer, free of charge, with the Service of using the Application; the conclusion of the Contract is conditional upon creating an Account,
18. Contract for the supply of the Extended Analysis — a paid contract for the supply of digital content within the meaning of the Consumer Rights Act, concluded separately for each Order under the rules described in § 4(8)–(10),
19. Service of using the Application / Service — a digital service within the meaning of the Consumer Rights Act, consisting in the Service Provider enabling the Customer to use the functionalities of the Application,
20. Customer — a client (an Entrepreneur, an Entrepreneur with Consumer rights, or a Consumer) using the Application,
21. Service Provider — the term defined in § 1(5) of the Terms,
22. Consumer Rights Act — the Polish Act of 30 May 2014 on Consumer Rights,
23. Act on the Provision of Services by Electronic Means — the term defined in § 1(4) of the Terms,
24. User — a person using the Application who is a Consumer,
25. Order — a single Analysis order, covering 1 to 5 ECG Images relating to one examination.
§ 3. Technical requirements, rules of using the services, and security
1. In order for the Customer to properly use the services provided by the Service Provider through the Application, the following are jointly required:
1) a connection to the Internet,
2) a device with an up-to-date version of a popular web browser supporting JavaScript and cookies,
3) an active e-mail account.
2. The Application is a web (browser-based) application and does not require installation on the Customer’s device.
3. Intended purpose of the Application and requirements for Customers:
1) the Application is an educational and consultation tool supporting the analysis of ECG recordings. The Application is intended for persons practising medical professions (in particular physicians, paramedics and nurses) and for students of medical degree programmes,
2) the Application may be used only by adults,
3) the Application is not intended for patients or other persons without medical training for the purpose of independently assessing their own health,
4) the Application is not intended for use in emergencies or for patient monitoring; in the event of a suspected threat to life or health, medical assistance should be sought immediately,
5) the Analysis result does not constitute a diagnosis or medical advice and in each case requires verification and clinical correlation by qualified medical personnel; responsibility for diagnostic and therapeutic decisions rests exclusively with the person practising a medical profession who makes those decisions.
4. Status of the Customer is declared, not verified. The Service Provider does not operate a procedure verifying that a Customer belongs to a category indicated in paragraph 3(1) above. By creating an Account the Customer represents that they belong to such a category and that the information provided is true; that representation is a condition of access and is relied upon by the Service Provider. A false representation constitutes a material breach of the Terms and entitles the Service Provider to terminate the Contract in accordance with § 4(15). The Service Provider may at any time request evidence of professional or student status, may suspend access pending its production, and intends to introduce verification upon registration; existing Customers may then be required to complete it in order to retain access.
5. Within the Application, Customers are prohibited from using viruses, bots, worms or other computer code, files or programs (in particular scripts and applications automating processes, or other code, files or tools), as well as from taking actions that could disrupt the operation of the Application or infringe the rights of other Customers or third parties. Customers are further prohibited from disabling, bypassing, scripting around or otherwise circumventing the Redaction Tool or the declaration referred to in paragraph 9, and from using Analysis results to train, fine-tune, evaluate or benchmark any machine learning model.
6. The Service Provider declares that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organisational and technical measures, in particular to prevent third-party access to data, including TLS/SSL encryption, access passwords, and infrastructure safeguards.
7. The Service Provider declares that, despite the safeguards referred to in paragraph 6 above, the use of the Internet and of services provided by electronic means may be exposed to the risk of malicious software entering the Customer’s ICT system and device, or of third parties gaining access to data on that device. To minimise this risk, the Service Provider recommends using antivirus software or measures protecting online identification.
8. Obligation to remove patient-identifying data (de-identification). Before uploading an ECG Image to the Application, the Customer is obliged to permanently mask (black out) all visible data enabling patient identification, in particular: first and last name, date of birth, PESEL number or other identifier, facility data, referring physician data, and barcodes containing patient data. For this purpose the Application provides the Redaction Tool, used before upload, and — optionally — the automatic identifier-detection feature described in § 11(3). The following apply to the Redaction Tool:
1) it runs in the Customer’s web browser, on the Customer’s own device; the ECG Image is opened, edited and flattened locally and redaction is applied before any image data is transmitted to the Service Provider,
2) redaction is destructive: the pixel data within a redacted region is overwritten and not covered by an overlay or a separate layer, and cannot be recovered from the uploaded file by the Customer, by the Service Provider or by any third party,
3) redaction is irreversible and cannot be undone after the Order is submitted; the Customer should retain their own copy of the original if it is required,
4) embedded file metadata (including EXIF data such as capture time and, for images taken with a mobile device, geolocation) is removed on import; file names do not form part of the image and must not contain patient identifiers,
5) the Redaction Tool is made available to all Customers free of charge.
9. Uploading to the Application ECG Images containing data enabling patient identification is prohibited. Before submitting an Order, the Customer makes a declaration confirming that all patient-identifying data has been removed from the ECG Images. The content of the declaration is recorded by the Service Provider together with its version and the date it was made.
10. A Customer using the Application in connection with the provision of healthcare services (in particular within a professional practice or a healthcare entity) is obliged to independently ensure that their use of the Application complies with the laws applicable to them, including information obligations towards patients and the rules for processing medical records. The Application is not intended for keeping or storing medical records.
11. A Customer using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state of affairs. The Service Provider bears no liability for the consequences of the Customer providing untrue or incomplete data.
§ 4. Contract for the supply of the Service
1. Under the Contract, the Service Provider enables the Customer to use the functionalities of the Application, including submitting Orders and receiving the Basic Analysis.
2. In order to conclude the Contract, the Customer should perform the following actions:
1) go to the Application’s website and select the registration (Account creation) option,
2) complete the required data in the displayed form (first name, last name, e-mail address, password),
3) obligatorily tick the checkboxes next to the declarations on: (a) having read the Terms and accepting their provisions, (b) having read the Privacy Policy, (c) giving explicit consent to the processing of health data to the extent necessary to provide the Service, (d) confirming that the Customer belongs to a category of persons indicated in § 3(3)(1); ticking the analytics-consent checkbox is voluntary and does not condition the conclusion of the Contract,
4) click the registration button,
5) click the activation link sent to the e-mail address provided by the Customer.
3. Using the Application requires registration, creation of an Account, and confirmation of registration by electronic means (via the e-mail received from the Service Provider — the activation link).
4. Clicking the activation link is tantamount to the Customer concluding a free-of-charge Contract for an indefinite period.
5. After the first login, an organisation profile linked to the Account is created automatically in the Application’s IT system, serving in particular to collect billing data and to separate the storage space for Customer Content.
6. The Service Provider informs, and the Customer acknowledges, that maintaining the conformity of the Service with the Contract does not require the Customer to install updates; the Application is updated centrally by the Service Provider.
7. Within an Order, the Customer may upload 1 to 5 ECG Images in the graphic formats indicated in the Application, each not exceeding 10 MB in size, after first performing the actions referred to in § 3(8)–(9).
8. The Contract for the supply of the Extended Analysis is concluded separately for a given Order upon the effective completion of the payment referred to in § 5. In order to conclude it, the Customer:
1) selects in the Application the option to unlock the Extended Analysis for the given Order,
2) reviews the Price List (the price and scope of the Extended Analysis) displayed before payment,
3) in the case of a Consumer or an Entrepreneur with Consumer rights — makes the declaration referred to in § 9(7) (express consent to the immediate delivery of digital content and acknowledgement of the loss of the right of withdrawal),
4) makes the payment using the payment system made available in the Application.
9. The Extended Analysis is delivered immediately after payment confirmation, by making the full Analysis result available in the Customer’s Account.
10. The Contract for the supply of the Extended Analysis expires upon its performance (delivery of the Extended Analysis), whereby access to the result remains active during the storage period indicated in § 12(10).
11. The provisions of paragraphs 12–14 below apply solely to Customers who are Consumers or Entrepreneurs with Consumer rights.
12. If the Customer is not given access to the Service immediately after the conclusion of the Contract, the Customer shall call on the Service Provider to immediately provide access to the Service. The call may be sent by e-mail to the address indicated in § 1(6)(1). If the Service Provider does not provide access immediately after receiving the call, the Customer may withdraw from the Contract.
13. Notwithstanding paragraph 12, if the Customer is not given access to the Service, the Customer may withdraw from the Contract without calling on the Service Provider to provide access if at least one of the cases indicated in Article 43j(5) of the Consumer Rights Act applies.
14. Notwithstanding paragraphs 12–13, the Customer may terminate the Contract at any time by submitting an Account deletion instruction in the Application (in the Account settings) or by sending the relevant information to the address indicated in § 1(6)(1).
15. If the Customer breaches the provisions of the Terms and fails to remedy the breach despite receiving a call to do so, the Service Provider may terminate the Contract with a notice period of 7 (seven) days, by submitting a termination declaration to the Customer by e-mail. Upon expiry of the notice period the Service Provider shall suspend the supply of the Service. During the notice period, the Service Provider may block the Customer’s access to the Service if this is necessary to prevent further breaches. Where the breach consists in conduct presenting a risk to patient safety, in a false representation under § 3(4), or in conduct which the Service Provider is required by law or by a competent authority to prevent, access may be blocked with immediate effect.
16. Submitting an Account deletion instruction results in the immediate deactivation of the Account. Customer Content and Account data remain recoverable for a period of 30 (thirty) days from the submission of the instruction (during this time the Customer may revoke the instruction by contacting the Service Provider), and after this period they are permanently deleted — subject to data whose longer storage is required by law or by the legitimate interest of the Service Provider, in accordance with § 12(10) and the Privacy Policy.
17. Before the data is deleted, the Customer has the right to request a copy of their data (including Analysis results and uploaded ECG Images) in a structured, commonly used, machine-readable format (the export includes JSON files and image files). The request is fulfilled free of charge within 30 (thirty) days of its submission to the address indicated in § 1(6)(1), subject to data protection law.
§ 5. Fees and settlements
1. Prices in the Price List are expressed in the currency indicated in the Price List (currently: euro) and are gross amounts.
2. All payments due to the Service Provider are made by the Customer using the payment system made available within the Application (operated by an external payment service provider — Stripe). The available payment methods are presented to the Customer in the payment process. The Service Provider does not store Customers’ payment-card data.
3. For the delivery of the Extended Analysis, the Customer is obliged to pay a one-off Fee in the amount indicated in the Price List in force at the time the order is placed. The Fee is not recurring or renewable; the Application does not collect automatic payments.
4. The date of payment is deemed to be the date of positive authorisation of the payment in the payment system. Upon payment confirmation, the Service Provider immediately makes the Extended Analysis available and sends the Customer a purchase confirmation by electronic means, which constitutes the confirmation referred to in Article 15 of the Consumer Rights Act. Invoices are issued in accordance with applicable regulations.
5. Failure to pay the Fee does not limit the Customer’s access to the Basic Analysis or to the other free functionalities of the Application; it results solely in the Extended Analysis not being delivered for the given Order.
6. Where the Customer is an Entrepreneur established in a Member State of the European Union other than Poland and provides a valid EU VAT identification number, the Fee may be settled under the reverse charge mechanism in accordance with applicable tax law, in which case the Price List indicates the net amount.
§ 6. Price List
1. The current Price List is presented in the Application — each time before the purchase of the Extended Analysis.
2. The Price List may provide that a certain scope of the Services (in particular the Basic Analysis) is available free of charge.
3. The Service Provider may change the Price List at any time.
4. A change to the Price List in no way affects the amount of Fees paid under Contracts for the supply of the Extended Analysis concluded before the change to the Price List, nor a price already displayed to the Customer in an active purchase process.
§ 7. Complaints — Consumers and Entrepreneurs with Consumer rights
1. The provisions of this section apply solely to Consumers and Entrepreneurs with Consumer rights.
2. The Service supplied to the Customer by the Service Provider (including the Extended Analysis) must be in conformity with the Contract concerning it throughout the entire period of its supply.
3. The Service Provider is liable for any Non-conformity revealed during the period of supply of the Service. The statutory periods apply and may not be shortened by the Terms.
4. If a Non-conformity is revealed, the Customer may file a complaint containing a request to bring the Service into conformity with the Contract concerning its supply.
5. The complaint is filed by e-mail, to the address indicated in § 1(6)(1) of the Terms.
6. The complaint should include:
1) the Customer’s first and last name,
2) an e-mail address,
3) a description of the revealed Non-conformity,
4) a request to bring the Service into conformity with the Contract concerning its supply.
7. The Service Provider may refuse to bring the Service into conformity with the Contract concerning its supply if this is impossible or would require the Service Provider to incur excessive costs.
8. After considering the complaint, the Service Provider provides the Customer with a response to the complaint, in which it:
1) accepts the complaint and indicates the planned date of bringing the Service into conformity with the Contract concerning its supply,
2) refuses to bring the Service into conformity for the reasons indicated in paragraph 7 above,
3) rejects the complaint as unfounded.
9. The Service Provider responds to the complaint by e-mail within 14 (fourteen) days of its receipt. Failure to respond within that period constitutes acceptance of the complaint.
10. If the complaint is accepted, the Service Provider, at its own expense, brings the Service into conformity with the Contract within a reasonable time from the receipt of the complaint and without excessive inconvenience to the Customer, taking into account the nature of the service and the purpose for which it is used.
11. If a Non-conformity is revealed, the Customer may submit to the Service Provider a declaration on price reduction or on withdrawal from the Contract, where:
1) bringing the Service into conformity is impossible or requires excessive costs,
2) the Service Provider has failed to bring the Service into conformity in accordance with paragraph 10 above,
3) the Non-conformity persists even though the Service Provider has attempted to bring the Service into conformity,
4) the Non-conformity is so significant that it justifies withdrawal from the Contract without first requesting the Service Provider to bring the Service into conformity,
5) it is clear from the Service Provider’s declaration or from the circumstances that the Service Provider will not bring the Service into conformity within a reasonable time or without excessive inconvenience to the Customer.
12. The declaration on withdrawal from the Contract or on price reduction may be submitted by e-mail, to the address indicated in § 1(6)(1).
13. The declaration on withdrawal from the Contract should include:
1) the Customer’s first and last name,
2) an e-mail address,
3) the date of supply of the Service,
4) a description of the Non-conformity,
5) an indication of the ground for the declaration, selected from the grounds indicated in paragraph 11 above,
6) a declaration on price reduction, together with an indication of the reduced price, or a declaration on withdrawal from the Contract.
14. If the Customer withdraws from the Contract (covering the Service of using the Application), the Service Provider deactivates the Account immediately after receiving the declaration, and the further handling of the data follows § 4(16).
15. The reduced price must remain in such proportion to the price arising from the Contract as the value of the Service that is not in conformity bears to the value of a Service in conformity. The Service Provider refunds the amounts due immediately, no later than within 14 (fourteen) days of receiving the declaration on price reduction.
16. Pursuant to Article 34(1a) of the Consumer Rights Act, if the Customer withdraws from the Contract concerning the supply of the Service, the Customer is obliged to cease using the Service and making it available to third parties.
17. A Non-conformity does not arise merely because the Customer disagrees with an Analysis result, because a detected potential abnormality was not clinically confirmed, or because a subjective clinical expectation was not met. The probabilistic character of the results, their dependence on the quality of the ECG Image, and the other matters set out in § 11(2) are disclosed characteristics of the Analysis and not defects.
18. Without prejudice to the statutory rights described above, the Service Provider refunds the Fee in full where: the Extended Analysis was not delivered within 10 (ten) minutes of payment confirmation owing to a fault of the Application, confirmed by technical logs; the Customer was charged more than once for the same Order owing to a payment processing error; the delivered result does not correspond to the ECG Images of the Order for which the purchase was made; or a confirmed unavailability of the Application prevented delivery. Approved refunds are returned to the original payment method within 5–10 business days, inclusive of any tax charged, and no administrative fee is deducted.
19. The Service Provider requests that the Customer contact it before initiating a payment card chargeback. Where a chargeback is initiated without prior contact, the Service Provider may suspend further purchases on the Account pending investigation; it will not withhold access to Extended Analyses already delivered, and will not suspend the Account where the chargeback is subsequently upheld.
§ 8. Complaints — Entrepreneurs
1. The provisions of this section apply solely to Entrepreneurs who are not Entrepreneurs with Consumer rights.
2. If a non-conformity of the Service with the Terms is revealed, the Customer may file a complaint.
3. The complaint is filed in writing or by e-mail, to the address indicated in § 1(6)(1), no later than within 30 (thirty) days of the day the non-conformity was revealed.
4. The complaint should include: the Customer’s name, an e-mail address, and a description of the revealed non-conformity of the Service with the Terms.
5. The Service Provider may refuse to bring the Service into conformity with the Terms if this is impossible or would require the Service Provider to incur excessive costs.
6. After considering the complaint, the Service Provider provides a response in which it accepts the complaint and indicates the planned date of bringing the Service into conformity, refuses to do so for the reason indicated in paragraph 5, or rejects the complaint as unfounded.
7. The Service Provider responds to the complaint by e-mail within 21 (twenty-one) days of its receipt. In particularly complicated cases, the deadline may be extended to 30 (thirty) calendar days.
§ 9. Right of withdrawal from the Contract
1. Pursuant to Article 27 et seq. of the Consumer Rights Act, a Customer who is a Consumer or an Entrepreneur with Consumer rights has the right to withdraw from the Contract without giving any reason within 14 (fourteen) days of its conclusion.
2. The Service Provider extends the right of withdrawal from the Contract (for the supply of the free-of-charge Service of using the Application) also to other Entrepreneurs.
3. The Customer exercises the right of withdrawal by submitting to the Service Provider a declaration on withdrawal. To meet the deadline, it is sufficient to send the declaration before its expiry.
4. The declaration may be submitted in any form, in particular using the form constituting Annex 2 to the Consumer Rights Act, and sent to the address indicated in § 1(6)(1).
5. Upon receiving a declaration on withdrawal, the Service Provider immediately sends the Customer a confirmation of its receipt by e-mail.
6. If the Customer withdraws from the Contract for the supply of the Service, the Service Provider deactivates the Account immediately after receiving the declaration, and the further handling of the data follows § 4(16).
7. Loss of the right of withdrawal from the Contract for the supply of the Extended Analysis. The Extended Analysis constitutes digital content that is not supplied on a tangible medium and is delivered immediately after payment. Pursuant to Article 38(1)(13) of the Consumer Rights Act, the right of withdrawal does not apply to a Consumer or an Entrepreneur with Consumer rights in respect of a contract for the supply of digital content not supplied on a tangible medium, for which the Customer is obliged to pay a price, if:
1) the Service Provider began the performance with the express and prior consent of the Customer, who was informed, before the performance began, that they would lose the right of withdrawal after the Service Provider’s performance, and acknowledged this,
2) the Service Provider provided the Customer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
8. The declaration referred to in paragraph 7 (express consent to the immediate delivery of the digital content together with acknowledgement of the loss of the right of withdrawal) is made by the Customer in the Extended Analysis purchase process by means of a mandatory control that is not pre-ticked and whose wording expressly contains both elements. The content of the declaration, its version, language and the date it was made are recorded by the Service Provider. The confirmation referred to in paragraph 7(2) is sent in accordance with § 5(4).
9. Until the delivery of the Extended Analysis begins (that is, until the payment is confirmed and the result is made available), a Customer who is a Consumer or an Entrepreneur with Consumer rights retains the right to withdraw from the Contract for the supply of the Extended Analysis on general terms.
§ 10. Customer Content and Reviews
1. Customer Content (in particular ECG Images) is stored in the Account for the purpose of providing the Service and is not made publicly available to other users of the Application.
2. The Customer may send the Service Provider Reviews concerning the services provided by the Service Provider, including rating an Analysis result using the feature available in the Application. A Review may be sent in any manner, including by e-mail.
3. Sending a Review does not impose an obligation on the Service Provider to publish it. A Review published by the Service Provider may be removed by it at any time.
4. It is prohibited to place in the Application Customer Content or Reviews:
1) containing data enabling patient identification (§ 3(8)–(9)),
2) containing untrue data, or contrary to the law, the Terms or good practice,
3) containing content serving the pursuit of activities prohibited by law, inciting violence or hatred, or insulting any group of persons or any person,
4) containing content that may infringe personal rights, copyright, image rights or other rights of third parties,
5) containing advertising, promotional, political, religious or discriminatory content,
6) containing content promoting activity competitive with the Service Provider.
5. Any person using the Application (a “Notifier”) is entitled to report Customer Content or a Review that may violate the law or the Terms. Reports can be made by e-mail to: contact@procordis.ai.
6. The report should contain:
1) a sufficiently substantiated explanation of the reasons why the given Customer Content or Review constitutes illegal content,
2) a clear indication of the exact electronic location of the information (e.g. the Order identifier) and, where applicable, additional information enabling its identification,
3) the first and last name or the name and e-mail address of the Notifier, except for a report concerning information considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU,
4) a statement confirming the Notifier’s good-faith belief that the information and allegations contained therein are accurate and complete.
7. After receiving the report, the Service Provider sends the Notifier a confirmation of its receipt to the e-mail address indicated by the Notifier.
8. If the report does not contain the elements indicated in paragraph 6 or contains errors, the Service Provider may ask the Notifier to supplement or correct it within 14 (fourteen) days of receiving the request. Failing that, the Service Provider may leave the report unexamined.
9. The Service Provider verifies the reported Customer Content or Review within 14 (fourteen) days of receiving a complete and correct report. If necessary, the Service Provider will ask the Notifier to provide additional information or documents. Until the report is examined, the Service Provider may block the availability of the Customer Content or Review.
10. After verifying the report, the Service Provider removes the Customer Content or Review violating the law or the Terms, or restores it where it does not (if its availability was blocked at the verification stage), providing a statement of reasons for its decision.
11. If Customer Content or a Review is removed, the Service Provider immediately notifies both the Notifier and the Customer concerned, providing a statement of reasons.
12. The statement of reasons includes:
1) an indication of whether the decision entails removal, the blocking of availability, or other measures referred to in the Terms, and, where applicable, its territorial scope and duration,
2) the facts and circumstances on the basis of which the decision was taken, including whether it was taken on the basis of a report or on the basis of voluntary verification activities carried out on the Service Provider’s initiative and, where absolutely necessary, the identity of the Notifier,
3) where applicable, information on the use of automated means in taking the decision,
4) if the decision concerns potentially prohibited content, the legal or contractual basis on which it is based and an explanation of why the content is considered prohibited on that basis,
5) clear and user-friendly information on the possibilities of appeal available to the Customer and the Notifier.
13. A Customer whose Customer Content or Review has been removed, or a Notifier whose request to remove reported content has been refused, may appeal against the decision. An appeal may be filed by e-mail to contact@procordis.ai or in writing, preferably by registered letter, to ul. Andrzeja Frydeckiego 4/23, 54-115 Wrocław, Poland.
14. The appeal should include the first and last name or name of the appellant, contact details, and a detailed justification of why the decision is considered wrong.
15. The Service Provider immediately confirms receipt of the appeal by e-mail, and appeals are examined within 14 (fourteen) days of receipt by an authorised team of the Service Provider; these activities are not carried out in an automated manner without human involvement.
16. The Service Provider notifies the appellant of the decision by e-mail and, if it finds the reported content to be prohibited, takes the measures provided for in the Terms.
17. Sending Customer Content or a Review is tantamount to the Customer declaring that they are entitled to dispose of that content and that its transmission does not violate the law or the rights of third parties (including, with respect to ECG Images, that the actions referred to in § 3(8)–(9) have been performed). The Customer bears full responsibility for the Customer Content and the content of Reviews.
18. The Service Provider uses Customer Content solely to the extent necessary to provide the Service, to perform legal obligations, and to the extent described in the Privacy Policy. The Service Provider is not granted any licence to use Customer Content for promotional purposes.
19. Sending a Review (excluding Customer Content) is tantamount to the Customer granting the Service Provider a free-of-charge, non-exclusive licence to use it, without territorial or time limitations, in the Service Provider’s promotional materials (the “Licence”), with the proviso that publication takes place without patient-identifying data and — unless the Customer decides otherwise — may take place without data identifying the Customer.
20. The Licence entitles the Service Provider to modify the Review if this is necessary for its dissemination in a specific manner, without changing its essence and content, and to grant further licences to third parties of its choosing, for consideration or free of charge.
§ 11. Use of artificial intelligence (AI)
1. The Service Provider declares that the Application uses:
1) the Service Provider’s own (proprietary) AI model for ECG interpretation, run on the GPU computing infrastructure of an external provider (RunPod), restricted to data centres located within the European Economic Area; the infrastructure provider acts solely as a processor — the data is not transferred to external AI model providers (such as providers of large language models),
2) intended purpose of the model: supporting ECG interpretation for educational and consultation purposes — analysis of heart rate and rhythm, time intervals, cardiac (electrical) axis, and detection of potential abnormalities and an indication of the suggested urgency of consultation,
3) status under Regulation (EU) 2024/1689 (AI Act), as amended by Regulation (EU) 2026/1744 (Digital Omnibus on AI): the Application is an AI system within the meaning of that Regulation. The Service Provider complies with the transparency obligations under Article 50, applicable from 2 August 2026, and each Analysis result is labelled as AI-generated; maintains AI literacy measures under Article 4; and requires meaningful human oversight of every result in accordance with paragraph 4 below. Should the Application be classified as a high-risk AI system by reason of product legislation listed in Annex I, the corresponding obligations apply from 2 August 2028 under the amended timetable, and the Service Provider is preparing accordingly. Nothing in this provision constitutes a representation that the Application is, or is not, a high-risk AI system.
2. The Customer acknowledges that AI-generated results:
1) may contain errors, inaccuracies or omissions (including false-positive and false-negative results), including in respect of findings of high clinical consequence,
2) require verification by qualified medical personnel in each case before any use,
3) do not constitute a diagnosis or medical advice and cannot constitute the sole basis for diagnostic or therapeutic decisions,
4) depend on the quality of the uploaded ECG Image (including sharpness, completeness of leads, print quality); the Application may refuse to process, or may return an incomplete result for, an ECG Image of insufficient quality,
5) assume standard calibration (25 mm/s, 10 mm/mV) and a standard twelve-lead layout unless otherwise detected, and may produce materially incorrect measurements where a non-standard speed, gain or lead arrangement has been used,
6) are produced from a single static ECG Image, without access to earlier recordings, clinical history, symptoms, laboratory results or the indication for the examination,
7) may differ between analyses of the same recording carried out at different times, because the model is updated periodically.
3. Automatic identifier-detection feature (optional). At the Customer’s request, the Application may analyse an ECG Image before it is uploaded in order to suggest areas potentially containing patient-identifying data. This analysis is performed on the Service Provider’s infrastructure, the image is processed only transiently and is not retained, and the feature returns only the coordinates of the suggested areas. The suggestions are auxiliary in nature; the obligation to verify and approve the scope of redaction rests with the Customer, and the feature is not a substitute for the Redaction Tool or for the Customer’s own inspection under § 3(8).
4. The Customer undertakes to:
1) verify all Analysis results against the source recording before using them,
2) not rely solely on the generated content when making decisions, in particular decisions concerning health, and to treat their own reading as governing where it conflicts with an Analysis result,
3) comply with the legal requirements applicable to them, including Regulation (EU) 2024/1689 (AI Act), as regards transparency towards patients and third parties.
5. Data entered into the Application is not used to train AI models. Customer Content is used solely to produce the Analysis requested and to supply the Service. The Service Provider does not use it to train, retrain, fine-tune, evaluate or benchmark any model, does not add it to any training or evaluation dataset, and does not sell, licence, share or otherwise disclose it to any third party for those purposes. This is a binding commitment and not a statement of current practice only. Where an agreement is concluded with a healthcare entity or academic institution, the use of Customer Content is governed by that agreement and the associated data processing agreement; no such agreement will permit use for model training without the express, separately recorded agreement of that entity.
6. Subject to § 12(1)–(3), the Service Provider bears no liability for:
1) decisions (including clinical, diagnostic or therapeutic decisions) made on the basis of AI results without the verification referred to in paragraphs 2 and 4,
2) the consequences of using AI results contrary to the intended purpose of the Application set out in § 3(3),
3) damage resulting from uploading an ECG Image that does not meet the quality requirements or the requirements of § 3(8)–(9).
7. Analysis results are made available to the Customer for use within the purpose served by the Application. The Customer acknowledges that AI-generated results may not be subject to copyright protection and that similar results may be generated for other Customers — the Service Provider does not guarantee the uniqueness of results.
8. The Service Provider does not publish measures of the accuracy of the model, and no level of sensitivity, specificity or predictive value is claimed for any element of the Analysis. Where such measures are published, they will be made available together with the composition of the evaluation dataset, the reference standard used and the date of evaluation. Until then, no performance claim should be attributed to the Service Provider, from whatever source.
9. The Customer is requested to report an Analysis result that appears materially incorrect to contact@procordis.ai, marking the message “SAFETY REPORT” and quoting the Order identifier. Reporting is voluntary and does not condition any right under § 7 or § 8.
§ 12. Liability and service levels
1. Liability that is not excluded or limited. Nothing in the Terms excludes or limits the liability of the Service Provider for:
1) damage caused intentionally (Article 473 § 2 of the Polish Civil Code),
2) damage caused by gross negligence (rażące niedbalstwo),
3) death or personal injury caused by the fault of the Service Provider,
4) liability arising under the provisions implementing Directive (EU) 2024/2853 on liability for defective products, which may not be limited by contract,
5) any other liability which under mandatory provisions of law may not be excluded or limited, including the rights of Consumers and Entrepreneurs with Consumer rights.
2. Limitation of liability. Subject to paragraph 1, the total aggregate liability of the Service Provider arising out of or in connection with the Terms, whether in contract, in tort or on any other basis, in respect of all events occurring in any period of twelve consecutive months, is limited to the greater of: (a) the total amount of Fees paid by the Customer to the Service Provider in that period, and (b) PLN [2,000] (two thousand złoty).
3. Subject to paragraph 1, the Service Provider is not liable for indirect or consequential damage, for lost profits, for loss of business or goodwill, or for the loss or corruption of data not caused by the Service Provider’s breach. The Parties exclude the Service Provider’s liability for lost profits of a Customer who is an Entrepreneur.
4. Clinical responsibility. The Application is an educational and consultation tool subject to the human oversight requirement in § 11(4). Responsibility for the care of a patient rests at all times with the person practising a medical profession who takes the relevant decision. Subject to paragraph 1, the Service Provider does not assume, share or discharge that responsibility.
5. Third parties. The Terms bind only the Service Provider and the Customer. They do not limit any right or remedy of a patient or any other third party who is not a party to them.
6. The Service Provider undertakes to provide the Services with due diligence. The Service Provider does not guarantee a specific level of performance, effectiveness or usefulness of the Application in relation to the Customer’s specific needs and uses.
7. Subject to paragraph 1, the Service Provider bears no liability towards the Customer for the consequences of:
1) Customers using any services or functionalities available within the Application contrary to their intended purpose,
2) Customers providing incorrect or untrue data, including a false representation under § 3(4),
3) the use of Account access credentials by third parties, if those persons came into possession of the credentials as a result of their disclosure by Customers or as a result of Customers insufficiently securing them.
8. Subject to paragraph 1, the Service Provider bears no liability for disruptions to the functioning of the Application resulting from:
1) force majeure, which is also understood to include the unavailability of APIs or infrastructure of key external service providers (including GPU computing infrastructure, the payment system or the data storage provider), as well as prohibitions or restrictions on the use of specific AI systems issued by supervisory authorities,
2) necessary maintenance work carried out in the Application,
3) causes attributable to the Customer,
4) causes beyond the Service Provider’s control, in particular the actions of third parties for which the Service Provider is not responsible.
9. The Service Provider undertakes to carry out the work referred to in paragraph 8(2) in a manner that is as least disruptive to Customers as possible and, where possible, to inform them of planned work in advance, and to remove disruptions to the functioning of the Application on an ongoing basis.
10. Data storage and deletion:
1) Analysis results and ECG Images are stored for the period indicated in the Privacy Policy, currently 12 (twelve) months from the creation of the Order for Orders covering only the Basic Analysis, and 24 (twenty-four) months for Orders covering the Extended Analysis; after this period the Order data is permanently deleted,
2) the Service Provider informs the Customer of the upcoming deletion of Order data at least 30 (thirty) days in advance, by e-mail,
3) the Customer may at any time independently delete Order data in the Application; a deleted Order remains recoverable for 30 (thirty) days, after which it is permanently deleted,
4) after the end of the Contract (deletion of the Account), data is deleted under the rules described in § 4(16), subject to data whose longer storage is required by law (in particular billing documentation, for the period required by accounting and tax regulations) or which is stored for evidentiary purposes (in particular consent and declaration records, for a period of 3 years),
5) before the data is deleted, the Customer may request a full data export in accordance with § 4(17).
§ 13. Intellectual property
1. All components of the Application, in particular:
1) the name of the Application,
2) the logo of the Application,
3) photographs and descriptions,
4) the operating principles of the Application, all of its graphic elements, the interface, software, source code, databases and AI models
— are subject to legal protection under the Polish Act of 4 February 1994 on Copyright and Related Rights, the Polish Act of 30 June 2000 — Industrial Property Law, the Polish Act of 16 April 1993 on Combating Unfair Competition, and other generally applicable provisions of law, including provisions of European Union law.
2. Any use of the Service Provider’s intellectual property without its prior, express permission, in breach of the Terms, is prohibited. In particular, the Customer must not reverse engineer, decompile or attempt to extract, reconstruct or derive the underlying models, weights or training data, including by systematic or automated querying.
3. The Customer retains all rights to Customer Content. The Service Provider claims no ownership of it and acquires only such rights as are necessary to supply the Service, as described in § 10(18) and § 11(5).
4. The Service Provider grants the Customer a perpetual, irrevocable, worldwide licence to use, retain, reproduce and internally distribute Analysis results generated from the Customer’s ECG Images, for professional, educational, audit and record-keeping purposes. This licence survives the termination of the Contract and is not revoked by suspension of the Account. It does not extend to the resale or commercial redistribution of Analysis results as a standalone product, or to any use prohibited by § 3(5).
§ 14. Out-of-court dispute resolution — Consumers and Entrepreneurs with Consumer rights
1. The provisions of this section apply solely to Consumers and Entrepreneurs with Consumer rights.
2. A Customer who is a Consumer or an Entrepreneur with Consumer rights has the possibility of using out-of-court means of handling complaints and pursuing claims.
3. Detailed information on those possibilities and the rules of access to these procedures is available at the offices and on the websites of:
1) district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection,
2) Provincial Inspectorates of the Trade Inspection,
3) the Polish Office of Competition and Consumer Protection (UOKiK).
4. The Service Provider [is / is not] obliged to use, and [undertakes / does not undertake] to use, out-of-court dispute resolution before an entity entitled to conduct it.
§ 15. Personal data
1. Information on the processing of personal data by the Service Provider is contained in the Privacy Policy available at: https://procordis.ai/privacy-policy. In the event of a discrepancy between the Terms and the Privacy Policy on any matter of personal data processing, the Privacy Policy prevails.
2. The Service Provider has designated a Data Protection Officer, who can be contacted at: iod@procordis.ai.
3. Data subjects have the right to lodge a complaint with the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych), ul. Stawki 2, 00-193 Warsaw, Poland, or with the supervisory authority of their habitual residence.
4. Allocation of roles. For the avoidance of doubt:
1) in respect of the personal data of Customers (registration, billing and support data), the Service Provider is the controller,
2) in respect of ECG Images uploaded by a Customer acting in their own professional capacity, that Customer or the entity employing them determines the purposes and means of the processing and acts as controller in respect of any patient data contained in them; the Service Provider processes such content on documented instruction in order to supply the Service,
3) where access is provided under an agreement concluded with a healthcare entity or academic institution, that entity is the controller and the Service Provider is a processor; an agreement satisfying Article 28 GDPR is available on request at iod@procordis.ai and forms part of that contract,
4) because the Redaction Tool operates on the Customer’s device before transmission (§ 3(8)), the Service Provider does not receive the unredacted ECG Image and is neither controller nor processor in respect of it,
5) redacted ECG Images are treated as pseudonymised data and afforded the full protection of the GDPR; the Service Provider makes no claim that they constitute anonymous data within the meaning of Recital 26 GDPR.
§ 16. Change of the Service — Consumers and Entrepreneurs with Consumer rights
1. The provisions of this section apply solely to Consumers and Entrepreneurs with Consumer rights.
2. The Service Provider may change the Service in the event of:
1) the need to adapt the Service to newly emerging devices or software used by Users,
2) the Service Provider deciding to improve the Service by adding new functionalities or modifying existing functionalities,
3) a legal obligation to make changes, including the obligation to adapt the Service to the current state of the law.
3. A change of the Service may not involve any costs on the part of a Customer who is a Consumer or an Entrepreneur with Consumer rights.
4. The Service Provider informs the Customer of a change to the Service by placing a message in the Account. Independently, information about the change may be sent by e-mail.
5. If a change to the Service significantly and negatively affects the Customer’s access to the Service, the Service Provider is obliged to inform the Customer of the characteristics and date of the change, and of the Customer’s right to terminate the Contract with immediate effect within 30 (thirty) days of the change being made.
6. The Service Provider sends the information referred to in paragraph 5 by e-mail, no later than 7 (seven) days before the change is made.
7. The Customer terminates the Contract on the basis of paragraph 5 by submitting a termination declaration, which may be sent by e-mail to the address indicated in § 1(6)(1).
8. Termination of the Contract on the basis of paragraph 5 has the same effects as those provided for in § 7 in the case of withdrawal from the Contract due to a Non-conformity.
§ 17. Amendments to the Terms
1. The Service Provider may amend the Terms in the event of:
1) a change in the subject of the Service Provider’s activity,
2) the Service Provider beginning to provide new services, modifying services provided to date, or discontinuing their provision,
3) a technical modification of the Application requiring the provisions of the Terms to be adapted to it,
4) a change in the regulatory status of the Application, including the completion of a conformity assessment procedure,
5) a legal obligation to make changes, including the obligation to adapt the Terms to the current state of the law.
2. The Customer will be informed of an amendment to the Terms by the publication of the amended version in the Application and by e-mail, not later than 30 (thirty) days before it takes effect, together with an indication of what has changed. An amendment required in order to comply with the law takes effect on the date required by that law.
3. Contracts concluded before the amendment to the Terms are governed by the provisions of the Terms in force at that time. An amendment does not apply to a Contract for the supply of the Extended Analysis already concluded.
4. A Customer who does not agree to the amendment may terminate the Contract with immediate effect, without cost, at any time before the amendment takes effect. In the case of a Consumer or an Entrepreneur with Consumer rights, continued use of the Application is not treated as acceptance of an amendment that materially and negatively affects their position; such an amendment requires their consent.
5. The Contract is terminated by the Customer submitting a declaration of termination, which may be sent by e-mail to the address indicated in § 1(6)(1) or made by deleting the Account in the Application.
6. Immediately after receiving the declaration referred to in paragraph 5, the Service Provider deactivates the Account, and the further handling of the data follows § 4(16).
7. Each version of the Terms is archived and made available at https://procordis.ai/terms/archive.
§ 18. Final provisions
1. The current version of the Terms is effective from [1 September 2026].
2. These Terms supersede the Terms of Service version 1.0 effective from [20 June 2026].
3. The Terms are governed by Polish law. In the case of a Consumer or an Entrepreneur with Consumer rights habitually resident in another state of the European Economic Area, this choice does not deprive them of the protection afforded by mandatory provisions of the law of their habitual residence, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I).
4. Any disputes arising under these Terms will be resolved through amicable negotiations and, if no agreement is reached, before the competent common court. In the case of a dispute with a Customer who is an Entrepreneur (other than an Entrepreneur with Consumer rights), the competent court is the court having jurisdiction over the registered office of the Service Provider. In the case of a Consumer, jurisdiction is determined in accordance with Regulation (EU) No 1215/2012, under which the Consumer may bring proceedings before the courts of their domicile and may be sued only there.
5. Severability. If any provision of the Terms is found to be invalid, unenforceable or contrary to a mandatory provision of law, it is severed or applied in such modified form as comes closest to the original intention while remaining lawful, and the remaining provisions continue in full force. In particular, if any part of § 12 is found unenforceable, the remaining limitations continue to apply to the fullest extent permitted by law.
6. Assignment. The Customer may not assign or transfer their rights under the Terms. The Service Provider may transfer them to a company within its group or in connection with a merger, reorganisation or sale of assets, provided that this does not reduce the Customer’s rights; where such a transfer involves a transfer of personal data, the Customer is informed in advance and any consent required by law is obtained.
7. Entire agreement. The Terms, together with the Privacy Policy and, where applicable, an agreement concluded with a healthcare entity or academic institution, constitute the entire agreement between the Customer and the Service Provider in respect of the Application. This provision does not exclude liability for intentional misrepresentation.
8. No waiver. A failure or delay by either party in enforcing a provision of the Terms does not constitute a waiver of it.
9. Notices. Notices to the Customer are sent to the e-mail address registered on the Account. Notices to the Service Provider are sent to the addresses indicated in § 1(6), and in matters of personal data to iod@procordis.ai.
10. The Terms are available in Polish, English and Ukrainian. In the event of discrepancies between the language versions, the Polish version is binding; the English and Ukrainian versions are for information purposes.
11. In matters not regulated in the Terms, the provisions of generally applicable Polish law apply.