§ 1. General provisions
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The CPAPAnalyzer Terms of Service set out the rules for providing services electronically through the website
CPAPAnalyzer.pl, including the rules for using User Accounts, PAP therapy data analysis, Reports, professional functions, paid Plans and access by physicians and Facilities to data of assigned Patients.
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The Service Provider operating CPAPAnalyzer.pl is:
Jacek Jendroszczyk
an individual conducting unregistered business activity in accordance with applicable law.
Place of residence:
Tychy
Address:
ul. Estkowskiego 3/7, 43-100 Tychy
Telephone:
516 871 301
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The Service Provider's activity is not entered in the Polish Central Register and Information on Economic Activity (CEIDG) if, under applicable law, it meets the conditions for conducting unregistered business activity.
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The Service Provider may be contacted in particular by:
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CPAPAnalyzer.pl is an online platform that enables the processing, organization, analysis, presentation and descriptive explanation of data related to PAP therapy.
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The Service also provides functions intended for physicians, other authorized persons and Facilities, enabling access to data of properly assigned Patients.
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The Service operates through a web browser and does not require permanent use of one specific computer.
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These Terms of Service are made available free of charge in a manner that enables them to be obtained, reproduced and stored.
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§ 2. Definitions
- Service – the CPAPAnalyzer.pl online platform.
- Service Provider – Jacek Jendroszczyk.
- User – a person using the Service.
- Patient – a person to whom the Therapy Data processed in the Service relates.
- User Account – an individual account of a person using PAP therapy.
- Professional User – a physician or another person having an appropriate legal basis and authorization to access a Patient's data.
- Professional Account – an account intended for a Professional User.
- Facility – a clinic, outpatient center, medical practice or another entity using the professional functions of the Service.
- Facility Account – an account enabling a Facility to manage authorized personnel and assigned Patients.
- Facility Administrator – a person authorized to manage a Facility Account.
- Therapy Data – data related to PAP therapy, including, among other things, AHI, events, leaks, pressure, therapy time, sessions, settings and information about the mask being used.
- Import – transfer to the Service of data originating from a compatible device or supported source.
- Analysis – automated processing of Therapy Data and creation of values, trends, tables, charts and comparisons.
- Interpretation – a descriptive presentation or explanation of Analysis results.
- Report – a compilation of data, tables, charts, comparisons and Interpretation created by the Service.
- Mask Test – a function enabling comparison of therapy results when using different masks or periods.
- Plan – an access option for Service functions.
- Digital Service – a service enabling, among other things, the processing, storage of or access to digital data.
§ 3. CPAPAnalyzer Terms of Service – scope of the Service
CPAPAnalyzer may in particular enable:
- importing data from supported PAP devices,
- presenting Therapy Results and Therapy History,
- analyzing AHI and available respiratory event components,
- analyzing leaks and pressure,
- analyzing therapy usage time,
- presenting trends,
- comparing therapy periods,
- using the Mask Test module,
- creating and saving Reports,
- generating PDF Reports and printouts,
- descriptive Interpretation of results,
- making appropriately assigned data available to Professional Users,
- allowing physicians to use data of assigned Patients,
- managing Patients and personnel within Facility Accounts.
The scope of data depends on the data actually recorded by the specific device, its model, manufacturer, firmware version and data format.
If a device does not record a specific parameter, CPAPAnalyzer may not be able to reconstruct it.
The current list of supported devices and the scope of compatibility are published in the Service.
§ 4. Nature of the information and limits of Interpretation
- CPAPAnalyzer is intended for the analysis, presentation and descriptive explanation of data concerning PAP therapy.
- The Service does not replace direct medical consultation.
- Interpretation intended for a User does not constitute an individual medical diagnosis.
- The Service does not make decisions on behalf of a Patient about starting, stopping or changing treatment.
- CPAPAnalyzer is not intended to automatically recommend that a Patient independently change therapeutic PAP pressure or other parameters requiring a decision by an appropriately qualified person.
- The Service may present setting values read from the device and changes that occurred during analyzed periods.
- Conclusions relevant to treatment management should be assessed by a physician or another appropriately authorized person.
- For Professional Accounts, CPAPAnalyzer is a tool supporting access to data and its analysis. Individual clinical assessment and medical decisions remain the responsibility of a person holding the appropriate authorization.
- The Service does not independently change PAP device settings.
§ 5. Automated Interpretation and artificial intelligence
- The Service may use automated analysis mechanisms and artificial-intelligence-based solutions to create understandable descriptions of results.
- The core numerical therapy values should first be determined by the Service's analytical mechanisms on the basis of available source data.
- The model used to create a description may receive prepared results and information needed to generate the Interpretation.
- Automated Interpretation may contain an error, inaccuracy or excessive simplification.
- A User should not make medical decisions solely on the basis of automatically generated Interpretation.
- A Professional User independently assesses the significance of the presented data for a particular Patient.
- Information about external service providers, the scope of data transferred, retention and any transfers is described in the Privacy Policy in accordance with the actual architecture of the Service.
§ 6. CPAPAnalyzer Terms of Service – User Accounts
- Using the main functions of the Service requires an Account.
- Registration may require confirmation of an email address.
- The User is required to provide truthful and up-to-date data.
- The User should protect login credentials against access by unauthorized persons.
- It is prohibited to provide an unauthorized person with access to an Account containing Therapy Data.
- If Account compromise is suspected, the User should immediately change the password and contact technical support.
- The Service Provider may use safeguards against automated registration, Account takeover attempts and other abuse.
§ 7. Accounts for physicians and Professional Users
- The Service provides Professional Accounts intended for physicians and other appropriately authorized persons.
- The Service Provider may require verification of information concerning Professional User status.
- A Professional User may use Patient data only to the extent for which they have an appropriate legal basis.
- Technical assignment of a Patient does not in itself constitute a legal basis for access to that Patient's data.
- A Professional User receives access only to Patients properly assigned to their Account and only to the scope of data provided for their authorization.
- Attempts to gain access to data of other Patients are prohibited.
- A Professional User uses the data in accordance with the rules applicable to their profession.
§ 8. Facility and clinic Accounts
- The Service provides Facility Accounts intended for clinics, outpatient centers, medical practices and other authorized entities.
- A Facility Account may enable management of personnel, roles, assigned Patients, therapy data, Reports and professional functions.
- The Facility Administrator is responsible for properly granting and revoking permissions for personnel members.
- Access should be revoked from a person who has lost authorization to use Patient data.
- The Facility ensures that persons using its Account have an appropriate basis for access to the data.
- Individual access credentials must not be shared between personnel members.
- If the Service Provider processes data on behalf of a Facility as a processor, the processing is carried out on the basis of the appropriate legal instrument, including a data processing agreement where required.
§ 9. Assigning Patients
- The Service may enable a Patient Account to be linked with a Professional Account or Facility Account.
- Technical assignment enables access within the Service but does not replace the required legal basis for data processing.
- The scope of data visible to a Professional User depends on their authorization.
- The Service may record information necessary to manage permissions and access security.
- When the basis for access ceases, the relevant assignment should be terminated.
§ 10. Source data and Import
- The User may import data from compatible PAP devices.
- The User should retain original source data if it is important to them.
- CPAPAnalyzer should not be treated as the sole place for storing original device data.
- The result of an Import may depend on the manufacturer, model, firmware version, file structure, completeness of data, condition of the storage medium and changes introduced by the manufacturer.
- The Service may refuse to process an unrecognized or invalid format.
- If the manufacturer's format changes, support for a given device may be temporarily limited until the parser is verified.
§ 11. Mask Test and comparisons
- The Mask Test is used to compare therapy results from different periods and while using different masks.
- The Service may enable comparison of multiple masks.
- Results may include device data and information entered by the User.
- Therapy results may also be affected by other factors, including sleep position, settings, sleep duration and health status.
- The result of the Mask Test does not constitute an automatic medical recommendation concerning the choice of a specific mask.
§ 12. Reports
- The Service enables Reports to be created for a selected period.
- A Report may contain a therapy summary, charts, tables, data on AHI, events, leaks, pressure, masks, therapy settings, comparisons and descriptive Interpretation.
- The User may be able to select the elements included in a Report.
- A Report may be saved, printed or generated in PDF format.
- A Report may be made available to a physician or Facility within properly configured access.
- A CPAPAnalyzer Report is not, in itself, medical documentation prepared by a physician or the result of a diagnostic examination performed by a healthcare provider.
§ 13. Technical requirements
- Using the Service requires a device with Internet access, a modern browser, an active email address and support for the technical mechanisms required by the Service.
- Import may require access to data stored on an SD card or another supported storage medium.
- Some functions may not operate correctly in outdated or heavily restricted browser configurations.
- The User should use up-to-date software and protect their device and access credentials.
§ 14. CPAPAnalyzer Terms of Service – Plans and paid access
- CPAPAnalyzer may offer free and paid Plans.
- The price, duration and scope of a Plan are presented before purchase.
- The binding price is the price presented immediately before the order is placed.
- Plans for Professional Users and Facilities may have a separate scope of functions and prices.
- The Service Provider may make promotions, discounts, promotional codes and trial access available.
- A prepaid Plan for a specified period expires at the end of that period unless otherwise indicated before purchase.
- Automatic renewal may be used only after the User has been clearly informed that the charge is recurring and has accepted that model.
§ 15. Conclusion of the agreement
- The agreement for maintaining an Account is concluded after registration has been successfully completed and the required terms have been accepted.
- The Service may require email address confirmation.
- An agreement concerning a paid Plan is concluded in accordance with the information presented during the ordering process.
- Before placing an order, the User receives information about the main characteristics of the service, the access period and the total price.
- A paid Plan is activated after the payment conditions have been met.
§ 16. CPAPAnalyzer Terms of Service – consumers and the right of withdrawal
- A User exercising consumer rights is entitled to the rights provided by applicable law.
- As a general rule, a Consumer concluding a distance contract may withdraw from it within 14 days, subject to exceptions provided by law.
- A withdrawal statement may be sent to kontakt@cpapanalyzer.pl or to the Service Provider's address.
- To meet the deadline, it is sufficient to send the statement before the deadline expires.
- The Consumer may use the form provided at the end of these Terms of Service.
- If the Consumer requests that paid performance begin before the end of the withdrawal period, the rules resulting from applicable law apply.
- These Terms of Service do not limit the Consumer's statutory rights.
Information on the right to withdraw from a distance contract is also published by the Polish Office of Competition and Consumer Protection (UOKiK).
UOKiK – withdrawal from a contract
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§ 17. Conformity of the Digital Service with the agreement
- The Service Provider supplies the Digital Service in accordance with the agreement and applicable law.
- The Digital Service should have the functions and features presented to the User for the relevant Plan.
- If the Digital Service does not conform with the agreement, the Consumer is entitled to remedies provided by law.
- These Terms of Service do not exclude or limit rights arising from mandatory provisions of law.
§ 18. Payments
- Available payment methods are presented during the ordering process.
- Payment processing may be carried out by an external payment operator.
- Information about the operator and data processing rules is provided in accordance with the actual solution used in the Service.
- If card payments are handled by an external operator, the Service Provider should not request that card details be sent by email or another channel not intended for that purpose.
§ 19. Complaints
- Complaints and technical reports may be sent to pomoc@cpapanalyzer.pl.
- A report should contain information enabling the nature of the problem to be identified.
- In the event of an Import problem, it may be helpful to provide the manufacturer, device model and date on which the problem occurred.
- The User should provide only the data necessary to handle the report.
- Complaints are considered within the time limits resulting from applicable law and, where no specific time limit has been set, without undue delay.
§ 20. Availability, development and updates
- The Service Provider takes measures intended to ensure the proper functioning of the Service.
- The Service may be temporarily unavailable due to an update, failure, technical work or security measures.
- CPAPAnalyzer may receive new functions, fixes and updates.
- Updates may include, among other things, device support, parsers, Reports, analytical functions, the Professional Panel and Facility functions.
- Changes to the Digital Service are made with respect for Users' rights arising from applicable law.
§ 21. Prohibited use of the Service
- obtaining unauthorized access to Accounts or data,
- circumventing security measures,
- interfering with the operation of the Service,
- transmitting malicious software,
- using the Service for unlawful purposes,
- transmitting third-party data without an appropriate basis,
- automatically obtaining data in a manner that violates the security of the Service or the rights of third parties.
§ 22. Personal data
- Detailed rules for the processing of personal data are set out in the CPAPAnalyzer.pl Privacy Policy.
- Data related to PAP therapy may constitute health data and be subject to special protection.
- The Privacy Policy specifies the data controller, purposes and legal bases of processing, scope of data, recipients, processors, retention periods, data transfers, data subject rights and the rules for using external services and AI.
- Acceptance of these Terms of Service alone does not replace a separate legal basis required for a particular method of data processing.
§ 23. Data in the Patient – physician – Facility relationship
- Access by a Professional User or Facility to a Patient's Therapy Data requires an appropriate legal basis.
- CPAPAnalyzer provides the technical access mechanism, but merely having an Account does not automatically confer a right to Patient data.
- The Facility is responsible for the permissions of its employees and collaborators to the extent resulting from its legal obligations.
- If the Service Provider acts as a processor on behalf of a Facility, the processing rules are set out in an appropriate data processing agreement or other applicable legal instrument.
- If the roles of the parties under the GDPR are different, the rules appropriate to the actual nature of the processing apply.
§ 24. User rights concerning data
- The User may exercise rights available to them under personal data protection laws.
- The Service may provide functions allowing data to be downloaded, Therapy Data to be deleted and the Account together with its data to be deleted to the extent permitted by law.
- If a specific operation cannot be performed automatically, the User may contact the Service Provider.
- Deletion of the Account does not create an obligation to delete data that must or may continue to be retained under the law.
- Detailed retention periods are specified in the Privacy Policy.
§ 25. Advertising and partner materials
- CPAPAnalyzer may display advertisements, sponsored materials and partner information.
- Advertisements may be matched contextually to the location or type of content in the Service.
- The Service does not use individual Therapy Data to select an advertisement for a specific User.
- Advertisements are not selected on the basis of an individual's AHI, respiratory events, leaks, therapy pressure or Mask Test result.
- An advertiser does not receive an individual Patient's Therapy Data as a result of running an advertising campaign.
- Advertisers may receive aggregate statistics, such as the number of impressions, clicks and CTR.
- Advertising links may contain UTM parameters and other campaign identifiers.
- Sponsored materials should be appropriately labeled.
- An advertising partner does not influence the calculation of therapy results for a specific User.
§ 26. Intellectual property
- Rights to the software, Service design, code, graphic elements and original CPAPAnalyzer content belong to the Service Provider or the relevant rights holders.
- Use of the Service does not transfer those rights to the User.
- The User retains rights to data and content that legally belong to them.
- Names of manufacturers, masks and devices may be trademarks of their respective owners.
- An indication of compatibility does not mean a partnership with the manufacturer unless expressly stated otherwise.
§ 27. Liability
- The Service Provider is liable for the services provided to the extent arising from applicable law.
- These Terms of Service do not exclude or limit liability that cannot be excluded or limited under applicable law.
- Analysis results depend on the quality, completeness and correctness of source data.
- The Service Provider is not liable for incorrect data generated by a PAP device or for the consequences of damage to or unauthorized modification of source data where those circumstances are beyond the Service Provider's control.
- Information relevant to treatment should be verified by an appropriately qualified person.
- A Professional User independently makes clinical decisions within the scope of their authorization and qualifications.
§ 28. Security
- The Service Provider applies technical and organizational measures appropriate to the type of service provided and the information processed.
- Detailed, verified security information may be published on the “Security and Data Protection” page.
- These Terms of Service do not constitute a declaration that a technical measure has been implemented where its actual use has not been confirmed.
- The User should protect their own login credentials.
- A suspected security incident should be reported to pomoc@cpapanalyzer.pl.
§ 29. Account deletion and termination of use
- The User may stop using the Service.
- The User may request deletion of the Account using the mechanism available in the Service or by contacting the Service Provider.
- Voluntary deletion of the Account before the end of a paid period does not automatically create a right to a refund of the unused price unless such a right arises from law or the terms of the specific offer.
- The Consumer's statutory rights remain unaffected.
- The Service Provider may restrict or terminate the provision of services to a person who seriously or repeatedly violates these Terms of Service or the law, while preserving the User's rights arising from applicable law.
§ 30. CPAPAnalyzer Terms of Service – amendments
- These Terms of Service may be amended for an important reason, in particular due to changes in law, services, functionality, technology, security or payment methods.
- The User will be informed about changes affecting existing agreements in the manner required by law.
- An amendment to these Terms of Service does not affect acquired rights.
§ 31. Out-of-court dispute resolution
- A Consumer may use out-of-court complaint handling and redress procedures available in Poland.
- Information concerning consumer protection may be obtained, among other sources, from municipal or district consumer ombudsmen and from the Polish Office of Competition and Consumer Protection.
- Use of such a procedure is subject to the rules applicable to the relevant body or proceeding.
§ 32. Final provisions
- Polish law applies to these Terms of Service and agreements concluded through the Service, with due regard for the Consumer's mandatory rights.
- The choice of Polish law does not deprive the Consumer of protection that cannot be excluded by agreement.
- Any disputes are resolved by the court having jurisdiction under applicable law.
- If any provision of these Terms of Service is found to be invalid or ineffective, this does not automatically invalidate the remaining provisions.
- The rules for processing personal data are set out in the Privacy Policy.
- The rules concerning cookies and similar technologies are set out in the Cookie Policy.
- Information about verified security measures is published on the “Security and Data Protection” page.
- The current version of the Terms of Service is published at https://cpapanalyzer.pl/regulamin/.
Appendix 1 – Withdrawal form
This form may be used if you intend to withdraw from the agreement. Use of this template is not mandatory.
Addressee
Jacek Jendroszczyk
ul. Estkowskiego 3/7
43-100 Tychy
tel.
516 871 301
email:
kontakt@cpapanalyzer.pl
I/We (*) hereby give notice that I/We (*) withdraw from the agreement concerning the use of the CPAPAnalyzer.pl service.
Date the agreement was concluded:
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Consumer's full name:
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Email address of the CPAPAnalyzer Account:
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Consumer's address – if needed to identify the agreement:
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Date:
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Consumer's signature – only for the paper version:
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(*) Delete as appropriate.