Terms of Use for the gener.io portal

These Terms of Use are valid as of 10 January 2022.

They set out the basic rules for using the Services of the gener.io portal (hereinafter the “Terms”).
Every User of the gener.io portal, located at https://gener.io, agrees with the content of these Terms of Use and undertakes to comply with them. The User’s consent and commitment to comply with the Terms of Use of the gener.io portal arises upon registration.

Article I.

Definitions

The Portal Operator is the company Medisoft SK s.r.o., registered office: Krušpánová 29/552, 851 10 Bratislava – city district Čunovo, Slovak Republic, Company ID (IČO) 50167197.

A User is a natural or legal person who, after successful registration, uses the Services of the Operator.

The Operator offers, after successful user registration, online services of the gener.io platform, which allows users to create their own databases of forms and form outputs—medical reports—or to use such databases created by other users that have been published after review by an administrator (hereinafter the “Services”).

A License represents the authorization to use the Service.

The Library is a service enabling access to a set of mutually independent data, information, or other materials systematically or methodically arranged in a database and individually accessible to users by electronic means via an Internet connection on the portal https://gener.io/.

The Platform for Generating Medical Reports (hereinafter the “Platform”) is a service that enables the generation of medical reports based on data from the Library by filling in user-entered parameters.

Medical Reports are a set of information generated by the User from data stored in a standardized form in the Library, created based on parameters entered by the user via the Platform. The Library may be modified and supplemented by the Operator as well as by the User using the Library’s editability function, with possible assistance from the Operator.

Article II.

Use of Services

The User may use the Services exclusively through the gener.io portal. Unless stated otherwise, the Operator holds the copyright to the pages and their graphic designs, as well as to the information and materials contained on them and their arrangement. The entire content of the portal pages—including text, web design, page layout, technical drawings, graphics, illustrations and file arrangements, and recommendations by gener.io portal users—is protected by copyright. Distribution of protected content without the Operator’s consent is prohibited.

The User undertakes not to infringe third parties’ intellectual property rights and likewise undertakes not to use the Operator’s registered trademarks without the Operator’s prior written consent.

Use of the Services and their functionalities is subject to the Operator’s consent, as the holder of all proprietary rights to the Services. The Operator grants the User consent to use the Services (licenses), and the use of the Services must always be in accordance with these Terms. By using the Services, the User agrees to the licensing conditions set out in this document.

The Platform for creating medical reports is the basic Service for the User. Based on parameters entered into the Platform’s form, the User can generate individual medical reports according to data in the Library.

Every form for generating a medical report in the Library is editable. Forms and their outputs (medical reports) can be edited using the Library’s editability functionality. The User is entitled to edit their own or published Medical Reports, and such edited Medical Reports are stored in the User’s profile within the Library, which is not accessible to other Users. The Operator is entitled to use the content and arrangement of Medical Reports that result from editing Medical Reports using the Library editability function.

By using the Library’s editability function, the User grants consent for any, at the time of granting, known use of the database as a copyrighted work that arises through use of the Library’s editability function for the Operator and that will constitute a work within the meaning of § 3 et seq. of the Copyright Act. The Operator is entitled to use such a copyrighted work and all its parts in any manner at its own discretion, in particular in the ways set out in § 19(4) of the Copyright Act and § 133 of the Copyright Act. The User grants this consent to the Operator as exclusive (an exclusive license). The Operator is entitled to assign the consent to third parties or grant a sublicense to third parties, to which the User expressly agrees. The consent is granted without territorial, subject-matter, or time limitation. The consent under this clause is granted by the User to the Operator free of charge or based on mutual agreement.

The User guarantees that publishing the content and granting consents for use to the Operator is not subject to the consent or any other act of a third party, and if it is, the User possesses such consent.

General restrictions on use of the Services

By accessing the portal, the User agrees to act in accordance with these Terms and will not:

• use the Services for commercial purposes other than creating medical reports;

• distribute, lease, license, sell, lend, provide, or otherwise transfer or assign rights in the Services without the Operator’s express prior written consent;

• make copies of the Services or publicly distribute or transmit the Services in any manner;

• perform any act that constitutes or could be considered communication, or could cause communication, that spreads disparaging, sexually motivated, personal, untrue, vulgar, or otherwise inappropriate information about third parties without their consent and contrary to their legitimate interests, rights, and laws, especially with the intent to harass, humiliate, threaten, abuse, or otherwise cause harm to a third party;

• the Operator is entitled to delete (remove) any content mentioned above.

Licenses

While using the Service, the User is assigned one of the following Licenses—authorizations to use the Service:

• License F (free) – a free license during which use of the Service is free of charge but with a limited number of features.

• License T (trial) – a trial license during which use of the Service is free of charge, time-limited (usually for 1 month from user registration—assigned to the User automatically upon registration), with access to all features offered at the time.

• License B (basic) – a basic license, time-limited, with access to all features offered at the time. This License is subject to an order and is granted upon payment of the license fee according to the current price list.

• License P (premium) – a premium license, time-limited, with access to all features offered at the time. This License is subject to an order and is granted upon payment of the license fee according to the current price list.

Ordering and Payment
The User is entitled to create an order for a License according to the current offer within the personal administration zone “My Account” in the “Create Order” section.
After creating an order, the User will receive the necessary instructions at the provided email address to pay the fee for the ordered services covered by the order.
After the funds are credited to the Operator’s account, an electronic invoice as a tax document will be sent without undue delay to the provided email address, and at the same time the Services covered by the order will be activated for the User.

Withdrawal from the Contract
The Customer has the right to use the Service under the conditions set out in these Terms and Conditions.
The Customer can test the functionality of the Service through a time-limited trial License T.
The Customer acknowledges the possibility to test the Service pursuant to Art. II, Licenses section, expressly agrees to the commencement of the use of the Service, and declares that they were duly informed that by expressing such consent they lose the right to withdraw from the contract (§ 7(6)(l) of Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller’s Premises and on Amendments and Supplements to Certain Acts: “The consumer may not withdraw from a contract whose subject is the provision of electronic content other than on a tangible medium if its provision has begun with the express consent of the consumer and the consumer has declared that they have been properly informed that by expressing such consent they lose the right to withdraw from the contract”). This means that the Customer is not entitled to a refund, because they can test the Service before purchase thanks to the 30-day trial License T.

Article IV.

Personal Data Protection

Personal data of users or third parties are not part of the medical reports nor of the input data in the forms found on the portal.

1. By registering or placing a binding order for services, the User expresses their agreement with the Terms and simultaneously gives the Operator their serious and freely given, specific, informed, and unambiguous consent to process their personal data to the extent of first name, last name, email (for invoicing in the case of a binding order also address) and to include this personal data in the provider’s databases, on the legal basis that processing is necessary for the performance of a Contract to which the User is a party, or for taking steps prior to entering into a Contract at the request of the User pursuant to Art. 6(1)(b) of Regulation (EU) 2016/679 (GDPR). The purposes of processing personal data are: invoicing, provision of the service, marketing purposes (informing about service offers including advertising offers, about the possibility of purchasing the service for another period, promotions, products or services of the provider or its business partners, etc.). Consent to the processing of personal data is granted for the duration of the contractual relationship between the parties. The provider declares that the personal data provided will be used only for the above purposes.

2. The granted consent to the processing of personal data may be withdrawn at any time by email delivered to the provider. Provision of the stated personal data is voluntary but necessary for the provision of services, and the provider has no legal right to obtain them otherwise. In relation to the processing of their personal data, the Customer has the right to information, a copy, and correction of their personal data kept in the information system at the provider’s registered office, as well as other rights under § 19 et seq. of the Personal Data Protection Act. Other rights and obligations of the parties in relation to the processing of the customer’s personal data are governed by the Personal Data Protection Act. If the personal data provided by the customer become outdated, after the purpose for which they were provided has been fulfilled, or if consent is withdrawn, such personal data will be immediately destroyed. Withdrawal of consent during the term of the contractual relationship results in termination of the provision of services, the customer’s access to the Platform, and this contract.

3. The provider undertakes not to use and not to provide personal data beyond the scope necessary to operate the ordered Service and ensure its operation. Personal data are not provided to any third parties.

4. All personal data are protected in accordance with applicable legal regulations, in particular the Personal Data Protection Act.

5. In accordance with Art. 13 GDPR, the provider notifies the User as the data subject of the following information:

   • Identification details of the provider: Medisoft SK s.r.o., registered office: Krušpánová 29/552, 851 10 Bratislava – city district Čunovo, Slovak Republic, IČO 50167197; The provider can be contacted at: info@gener.io

6. Information on the rights of the data subject – the User:
   The person providing personal data (data subject – User) has, under Art. 15 to 22 and Art. 34 GDPR, the following rights:

   1. Right of access under Art. 15 GDPR: The data subject has the right to obtain from the provider confirmation as to whether personal data concerning them are being processed. The data subject has the right to access such personal data.

   2. Right to rectification under Art. 16 GDPR: The data subject has the right to have the provider rectify inaccurate personal data concerning them without undue delay. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed.

   3. Right to erasure under Art. 17 GDPR: The data subject has the right to have the provider erase personal data concerning them without undue delay where the data subject has exercised the right to erasure if:

      1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed,

      2. the data subject withdraws consent on which the processing is based and there is no other legal ground for the processing,

      3. the data subject objects to the processing and there are no overriding legitimate grounds for the processing, or the data subject objects to processing for direct marketing purposes,

      4. the personal data have been unlawfully processed,

      5. erasure is required for compliance with a legal obligation under the GDPR, the Personal Data Protection Act, a special regulation, or an international treaty binding on the Slovak Republic,

      6. the personal data were collected in relation to the offer of information society services.

   4. Right to restriction of processing under Art. 18 GDPR: The data subject has the right to have the provider restrict processing where:

      1. the data subject contests the accuracy of the personal data, for a period enabling the provider to verify the accuracy of the personal data,

      2. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead,

      3. the provider no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims,

      4. the data subject has objected to processing pending the verification whether the provider’s legitimate grounds override those of the data subject.

   The provider is obliged to inform the data subject whose personal data processing is restricted before the restriction of processing is lifted.

   5. Under Art. 19 GDPR, the provider is obliged, upon the data subject’s request, to inform the data subject about the recipients to whom the provider has communicated rectification, erasure, or restriction of processing of personal data.

   6. Right to data portability under Art. 20 GDPR: The data subject has the right to receive the personal data concerning them, which they have provided to the provider, in a structured, commonly used, and machine-readable format and has the right to transmit those data to another controller.

   7. Right to object under Art. 21 GDPR: The data subject has the right to object, on grounds relating to their particular situation, to processing of personal data concerning them carried out on the legal basis that processing is necessary for the performance of a task carried out in the public interest or for the purposes of the legitimate interests pursued by the provider or a third party, including profiling based on those provisions. The provider shall no longer process the personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights, and freedoms of the data subject, or for the establishment, exercise, or defense of legal claims. The data subject has the right to object to processing of personal data concerning them for direct marketing purposes, including profiling to the extent that it is related to such direct marketing.

   8. Under Art. 22 GDPR, the data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.

   9. Under Art. 34 GDPR, the data subject has the right to be notified by the provider without undue delay of a personal data breach where such breach is likely to result in a high risk to the rights and freedoms of natural persons.

7. Provision of information to the data subject

   1. The provider shall, upon the data subject’s request, provide information under Art. 13 GDPR and notices under Art. 15 to 22 and Art. 34 GDPR relating to the processing of their personal data. The information shall be provided in paper or electronic form, usually in the same form in which the request was made. If the data subject so requests, the provider may provide the information orally, provided that the data subject’s identity is proven by other means. When exercising rights under Art. 15 to 22 GDPR, the provider is obliged to assist the data subject.

   2. The provider shall provide the information under point 1 within one month of receipt of the request. In justified cases, considering the complexity and number of requests, the provider may extend this period by a further two months, repeatedly if necessary. The provider is obliged to inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the extension.

   3. The information under point 1 is provided by the provider free of charge.

   4. If the data subject’s request is manifestly unfounded or excessive, in particular due to its repetitive character, the provider may charge a reasonable fee taking into account the administrative costs of providing the information, or a reasonable fee for the notification or for implementing the requested action, or refuse to act on the request.

8. Restriction of the data subject’s rights

   • The provider shall inform the data subject about the restriction of rights in accordance with and pursuant to Art. 23 GDPR and § 30 of the Personal Data Protection Act, unless doing so would jeopardize the purpose of the restriction.

Cookie Policy

The gener.io portal uses cookies that help us better provide our services. By using the gener.io portal, you consent to the Operator’s use of cookies in accordance with your browser settings. By visiting our website while allowing cookies in your browser, we consider such a visit to be acceptance of our cookie usage policy.

What are Cookies?
Cookies are small text files that may be sent to your browser when you visit websites and stored on your device (computer or other internet-enabled device such as a smartphone or tablet). Cookies are stored in your browser’s file folder. Cookies usually contain the name of the website they come from, their validity period, and a value. When you revisit the site, the browser reloads the cookies and sends this information back to the website that originally created the cookie. The cookies we use do not harm your computer.

How We Use Cookies
We use cookies to improve and optimize the Services we provide. The gener.io portal may use session or persistent cookies. Session cookies are stored on your device until you leave the site. Persistent cookies remain on your device until they expire or are deleted manually.
The portal may use cookies to monitor and analyze the performance, operation, and effectiveness of the Portal and to improve it, e.g., how many visitors (Users) were on the Portal or which browsers they use.
We also place third-party cookies on the Portal, especially analytics cookies (Google Analytics, Hotjar, etc.), which enable analysis of how visitors (users) use the Portal.

Changing Cookie Settings
You can configure the cookies used on the gener.io portal in your web browser. Most web browsers are preset to automatically accept cookies. You can change this configuration according to your preferences in your browser’s settings.
Restricting the acceptance of cookies or disabling them entirely may result in outages or malfunction of features within the Service provided by the Operator.

Article V.

The Operator is not responsible for the accuracy, relevance, or currency of Library content. Each published Library can be copied (“cloned”) by the User into their profile among their own Libraries and used at their discretion.

The User undertakes not to post unlawful commercial communications on the gener.io portal. The User undertakes not to collect content and information of Users or otherwise use the gener.io portal by automated means (e.g., harvesting bots, spiders, or scrapers) without the Operator’s prior written consent.

The User undertakes not to post content on the gener.io portal that contains hate speech, threats, or pornography; incites violence; contains nudity or graphic or arbitrary violence; or is vulgar.

The User undertakes not to use the gener.io portal for unlawful, misleading, malicious, or discriminatory purposes.

The Operator reserves the right not to publish or, after publication, to block all or parts of a medical report if they prove to be untrue, misleading, unprofessional, offensive, vulgar, infringing the rights of third parties, or otherwise unsuitable for placement on the gener.io portal, and subsequently to delete such content.

The Operator does not guarantee and bears no responsibility for information published by Users. By agreeing to these Terms and using the Service, the User is fully aware of their responsibility for the created Medical Reports and confirms that they have thoroughly familiarized themselves with the content of individual Medical Reports created using the gener.io Service.

The Operator is not responsible for damages that may arise to Users or third parties in connection with content published on the gener.io portal.

Article VI.

Final Provisions

These Terms and Conditions are governed by and interpreted in accordance with the generally binding regulations of the Slovak Republic. Relations not regulated by these Terms are governed by the legal order of the Slovak Republic.
Unless Slovak law provides otherwise, disputes and claims arising from these Terms will be decided by the District Court Bratislava I, and the Customer hereby expressly agrees that the said court shall have jurisdiction. If it is not possible for a specifically selected court to decide a dispute or claim arising from these Terms under the applicable legal regulation, the Customer expressly agrees that any disputes or claims arising from these Terms will be decided by a Slovak court selected based on applicable legal principles.
The supervisory authority is the Slovak Trade Inspection, SOI Inspectorate for the Bratislava Region, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27.
These Terms and Conditions constitute the entire agreement between the Provider and the Customer and are valid and effective on the day they are published on the gener.io portal.
The portal Operator is entitled to change these Terms of Use at any time without prior notice. The Operator will notify Users of changes to the Terms of Use after they log into the portal https://gener.io/
The current Terms of Use published on the portal are always decisive for the use of the portal.