TERMS AND CONDITIONS OF THE HEALTHNATION PLATFORM

(hereinafter referred to as the "Terms and Conditions")

Subject Matter of the Terms and Conditions

These Terms and Conditions set out the general rules and the manner of providing services by electronic means by Wellbeing Polska and HealthNation, in accordance with Article 8(1)(1) of the Act of 18 July 2002 on the Provision of Services by Electronic Means (Journal of Laws of 2017, item 1219, as amended).

Acceptance of the Terms and Conditions

By using the Service, the User confirms that they have read the content of the Terms and Conditions, understand and accept its provisions, and undertake to comply with them.

§ 1 Basic Information

Company Details: Wellbeing Polska operates as a capital company -- Health Networks Sp. z o.o. with its registered office in Krakow (30-347) at ul. Kapelanka 12, entered in the register of entrepreneurs maintained by the District Court for Krakow-Srodmiescie in Krakow, XI Commercial Division, under KRS number: 0000998566, NIP: 6762628243, REGON: 523455840.

Ownership and Operation: Wellbeing Polska is the owner and operator of the Application and the Website, offered under the HealthNation brand.

Scope of Activity: The activity of Wellbeing Polska and HealthNation consists in providing services available by electronic means, which are described in detail in the agreement signed with the Client.

Classification of Services: Services offered by Wellbeing Polska and HealthNation are divided into Free Services and Paid Services (hereinafter collectively referred to as "Services").

Acceptance of Terms and Conditions and Privacy Policy: These Terms and Conditions set out the rules for the provision of Services by Wellbeing Polska to Users. By using the Application, the User accepts the terms of these Terms and Conditions and the Privacy Policy.

§ 2 Definitions

Application of Definitions: All definitions and expressions used below shall apply in these Terms and Conditions, as well as in other activities related to the performance of the Agreement. Within these Terms and Conditions, we use specific terms (capitalised), to which we assign specific and precise meanings.

Definitions of Terms:

AI -- artificial intelligence, i.e. an application and software demonstrating human-like skills such as reasoning, learning, planning and creativity, enabling technical systems to perceive their environment, cope with what they perceive, and solve problems, acting towards achieving a specific goal.

Application -- the HealthNation mobile application, through which it is possible to use the HealthNation Platform on mobile devices.

Price List -- a document containing information on prices for Paid Services offered by Wellbeing Polska within the Application or Website, available in the relevant section of the Application or Website.

Personal Data -- any information about an identified or identifiable natural person, whereby an identifiable natural person is a person who can be directly or indirectly identified, in particular on the basis of an identifier such as name and surname, identification number, location data, country of residence, employer data, branch or organisational unit, online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of a natural person.

Business Days -- days of the week from Monday to Friday (excluding public holidays under the law of the Republic of Poland).

Application Distributor -- App Store (for the iOS operating system) or Google Play (for the Android operating system).

Documentary Form -- includes written form or electronic messages clearly specifying the names or designations of the sender and recipient, unless the Terms and Conditions provide otherwise.

HealthNation -- the name of the Application and Website offered by Wellbeing Polska Sp. z o.o.

Identifiers -- login and password used by the User to log in to the User Account.

User Account -- the User's personalised panel available after successful registration and logging in to the Platform, upon entering the previously established login and password, in which the User's data is stored.

Consumer -- a User of the Platform who is a consumer within the meaning of Article 22(1) of the Civil Code, i.e. a natural person who enters into an agreement for a purpose not directly related to their professional or business activity.

Materials -- any content made available to the User or the User's Family Member through the Platform.

Payment Operator -- an entity intermediating in the processing of payments for Paid Services, with which Wellbeing Polska has entered into an agreement for the provision of payment services.

Partner -- means, depending on the mechanism of purchasing the Service:

• an entity being the employer or co-worker of the User, with which Wellbeing Polska has entered into a separate service agreement, in connection with the performance of which Wellbeing Polska enables the User to access the Platform under these Terms and Conditions; or
• a natural person, legal entity, or entity without legal personality that has entered into an agreement with Wellbeing Polska, under which Wellbeing Polska provides the Service to Users designated by such entity.

Platform or HealthNation Platform -- the HealthNation platform through which Wellbeing Polska provides Services to the User, accessible via the Website and/or Application.

Privacy Policy -- a document governing the security of privacy protection and the processing of personal data of the User and the User's Family Member, available at: https://app.healthnation.co/privacy-notice.

Technical Break -- a break in the availability of the Platform, related to the need to carry out maintenance or modernisation work, preventing or hindering the use of Services.

Terms and Conditions -- means these Terms and Conditions.

GDPR (RODO) -- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 119, p. 1).

Website -- the website through which Wellbeing Polska enables the use of the Platform, i.e. https://app.healthnation.co.

Force Majeure -- an event that could not have been foreseen with the diligence required in professional business relationships, and which is external to both the User and Wellbeing Polska, and which they could not have resisted by acting with due diligence.

Party -- the User or Wellbeing Polska, as applicable.

Parties -- the User and Wellbeing Polska collectively.

Agreement -- an agreement concluded between Wellbeing Polska and the User or the User's Family Member through acceptance of the Terms and Conditions, concerning the use of the Service by the User or the User's Family Member.

Service -- a service provided by Wellbeing Polska on the basis of the accepted Terms and Conditions, consisting in enabling the User to access the Platform and use its resources to the extent specified in the agreement between the Partner and Wellbeing Polska.

Paid Services -- all paid services provided by Wellbeing Polska through the Website and the Application.

Free Services -- all free-of-charge services provided by Wellbeing Polska through the Website or the Application.

Defect -- a technical error of the Platform preventing full use of the Platform's functionalities.

User -- an adult natural person using the Platform, regardless of whether they access it through a Partner or on the basis of a separate agreement.

Wellbeing Polska -- Health Networks Sp. z o.o. with its registered office in Krakow, the owner and operator of the HealthNation Platform, entered in the register of entrepreneurs of the National Court Register, maintained by the District Court for Krakow-Srodmiescie in Krakow, XI Commercial Division of the National Court Register under KRS number: 0000998566.

Report -- a report made by the User via an email sent to: kontakt@wellbeingpolska.pl, indicating the occurrence of a Defect of the Platform.

§ 3 General Conditions of Use of the HealthNation Platform

1. Creating a User Account in the Application

1.1. Registration Procedure: Creating an Account requires Registration via the Application or the Website. To register, the User must complete the registration form by providing a phone number, email address and password. The phone number and email address provided by the User will be used as the login, and the password will secure access to the Account. The User may also log in using Google or Apple iOS accounts. Registration may be performed using a personal or business phone number or email address.

1.2. Logging into the Account: The User gains access to the Account after logging in to the Application or the Website by entering the login (phone number or email address provided during Registration) and the password securing access to the Account. The User may alternatively log in using external services such as Google or Apple. In such case, in order to create a profile in the Application, we retrieve and store data such as the email address and the User's name and surname. These data are necessary to ensure the full functionality of the Account in the Application.

1.3. Collection of email address

The User's email address is processed:

a) for the purpose of concluding and performing the agreement for the provision of Services -- on the basis of Article 6(1)(b) GDPR (RODO);

b) for the purpose of sending marketing information (newsletter) -- solely on the basis of the User's prior consent, in accordance with Article 6(1)(a) GDPR (RODO) and applicable provisions of law regarding electronic communication.

Consent to receive the newsletter is voluntary and may be withdrawn at any time.

1.4. Legal basis for processing personal data

The User's personal data are processed in accordance with applicable provisions of law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR/RODO) and in accordance with the Privacy Policy.

Personal data are processed:

a) for the purpose of concluding and performing the agreement for the provision of Services -- on the basis of Article 6(1)(b) GDPR (RODO);

b) in the case of providing special category data, including health data -- on the basis of the User's explicit consent, in accordance with Article 9(2)(a) GDPR (RODO).

Consent to the processing of health data is voluntary and may be withdrawn at any time, without affecting the lawfulness of processing carried out prior to its withdrawal.

1.5. Supplementing data: After the first login to the Application or the Website, the User must supplement the Account with data concerning their person, which are necessary for the proper performance of Services. HealthNation undertakes to protect such data with particular diligence. The User may at any time block access to their data by deleting the Account, with the reservation that failure to provide certain information may result in the inability of HealthNation to provide certain Services.

1.6. Password security: The User is obliged not to share the password securing access to the Account with third parties. All actions performed through the Account will be treated as actions performed by the owner of that Account. If the User suspects that the password has been intercepted by an unauthorised person, the User is obliged to immediately notify HealthNation.

1.7. Use of other Users' Accounts: Using other Users' Accounts or sharing one's Account with third parties is prohibited.

1.8. Account Blocking: HealthNation reserves the right to block the Account or access to selected Services if a threat to Account security, a breach of the Terms and Conditions, or a violation of the law is identified. In some cases, continued use of the Account may be contingent upon changing the password. Upon changing the password, the User will immediately regain access to the Account.

1.9. Account Deletion: The User may delete the Account at any time by contacting HealthNation at kontakt@wellbeingpolska.pl or within the mobile application itself via the profile editing section.

2. Conditions of using the Platform

2.1. Terms and Conditions: These Terms and Conditions set out the rules and conditions of use of the HealthNation Platform provided by HealthNation through the Website and the Application.

2.2. Access to the Terms and Conditions: HealthNation makes these Terms and Conditions available to the User before concluding the Agreement and creating a User Account, and in a manner that allows access, reproduction and storage of the content of the Terms and Conditions by means of the information and communication system used by the User or the User's Family Member.

2.3. Deviations from the Terms and Conditions: Any deviations from these Terms and Conditions shall be binding on the User or the User's Family Member and HealthNation only if agreed upon in Documentary Form between the Parties.

2.4. User Age: The HealthNation Platform is intended for persons who have reached 18 years of age. Persons who have not reached 18 years of age may use the Platform solely through the account of their legal guardian, who bears responsibility for the use of the Platform by the minor.

2.5. Acceptance of the Terms and Conditions: By using the Platform, the User confirms that they have read the Terms and Conditions, accept their content and undertake to comply with them. At the same time, by accepting the Terms and Conditions, the User consents to the use of AI by HealthNation for the purpose of providing Services on the Platform or supporting their performance in accordance with the rules of the Terms and Conditions.

2.6. Platform Modifications: For important reasons, such as the need to develop the Platform or adapt it to current technical requirements, including the possibility of utilising AI, HealthNation may modify or add individual functionalities of the Platform.

2.7. User Support: HealthNation provides User support, including responding to requests and inquiries on Business Days between 8:00 and 17:00 via the email address and telephone number provided on the application login screen, as well as within the application itself through the support account.

2.8. Prohibited activities: It is prohibited to use the Website, Application and Platform in a manner contrary to the provisions of these Terms and Conditions, applicable laws, good customs and principles of social coexistence. It is prohibited for the User to provide unlawful content on the Platform, in particular materials that may infringe the rights or personal interests of third parties, or constitute materials used for purposes contrary to the law. It is also prohibited to interfere with the integrity of the content and form of the Platform, Application or Website, as well as: using them for storing or transmitting malicious code, sending spam, interfering with or disrupting the integrity or operation of the Service or data of third parties and other Users, attempting to gain unauthorised access to the Service or related systems or networks, copying the Service or any part thereof, and accessing the Service for the purpose of creating competing products or services.

2.9. Fees for using the Platform: Use of the Platform by the User does not require a separate payment, and the remuneration in this respect is included in the remuneration that the Partner pays to HealthNation on the basis of and within the framework of the concluded agreement.

§ 4 Access to the Platform

1. Creating an Account and obtaining User status

1.1. Registration Procedure: In order to create a User Account and obtain the status of a registered User, the appropriate registration procedure must be completed. Logging into the User Account is possible only after completing this procedure and creating the appropriate Account.

2. User Registration

2.1. Entitlement to Register: The User is entitled to carry out the registration procedure via the Application or the Website, in accordance with the procedure described in § 3(1.1) of these Terms and Conditions. Registration is available to all persons meeting the conditions set out in the Terms and Conditions.

2.2. Registration Form: A person interested in registration is required to complete the registration form on the Website in one of the following ways:

• Providing a business email address and clicking the "Create account" button.
• Providing a code and a personal or business phone number or email address, and then clicking the "Create account" button.

2.3. Confirmation of Terms: By registering a User Account, the User confirms that they are a natural person who has reached 18 years of age and is authorised to enter into legally binding agreements. The User is required to provide truthful data and to comply with all applicable laws when using the Platform.

2.4. Password Security: During registration, the User establishes a password that must meet specific security requirements. The User is obliged to protect the password and not share it with third parties.

2.5. Non-transferability of the Account: The User Account is non-transferable.

2.6. Data Accuracy: The User is required to keep their personal data in the Account up to date.

2.7. Logging into the Platform: Logging into the Platform after registration is possible by:

• Entering the phone number or email address and the password established during registration.
• Logging in using the external Google or Apple service and the password established during registration.

3. Further Provisions

3.1. Period of Service Provision: HealthNation provides Services for the duration resulting from the Agreement. Termination, expiration, or withdrawal by the Partner from the agreement shall result in the automatic blocking of the User Account.

3.2. Ensuring Access: HealthNation ensures uninterrupted and secure access to the Platform, subject to technical breaks. HealthNation shall not be liable for irregularities resulting from issues on the part of the Application Distributor.

3.3. Responsibility for Account Security: The User bears sole responsibility for maintaining the security of their Account, including the consequences of sharing access data with third parties.

§ 5 Operation of the Application and Provision of Services

1. Provision of Services

1.1. Scope of Service Provision: HealthNation provides Services through the Application and the Website. The Application can be downloaded from the online stores of Application Distributors.

2. Licence for use

2.1. Granting of Licence: The User obtains access to the Application from the Application Distributors. The licence granted is limited to a non-transferable licence to use the Application on a device that utilises the Apple iOS or Android operating systems, in accordance with the usage rules also specified in the terms of use of the respective Application Distributor.

2.2. Technical Support: The Application Distributor is under no obligation to provide any maintenance and support services in respect of the Application.

3. Warranties and limitations

3.1. Application Warranties: In the event that the Application fails to meet the applicable warranty, the User may notify the relevant Application Distributor. The Application Distributor, in accordance with its terms and policies, may refund the purchase price, if any was paid for the Application. To the maximum extent permitted by applicable law, the Application Distributor shall have no other warranty obligations in respect of the Application.

3.3. Licence Beneficiaries: The User acknowledges and agrees that the Application Distributors are independent third-party beneficiaries of the terms contained in this licence concerning the Application, set out in the Terms and Conditions, and that each Application Distributor shall have the right (and shall be deemed to have accepted such right) to enforce the terms of this Application licence against the User as a third-party beneficiary.

3.4. Acceptance of Distributor's Terms: By downloading the Application from the Application Distributor, the User confirms that they have read, understood and accepted the terms set out by the Application Distributor.

4. Age restrictions

4.1. Access to the Platform:

Access to the Platform is available to persons who have reached 18 years of age. Persons who have not reached 18 years of age may use the Platform's services solely through the account of their legal guardian, who is responsible for the use of the Platform by the minor.

4.2. Use of the Platform is also subject to the laws applicable in the User's country of residence. If such laws restrict or exclude the possibility of using services provided by electronic means by a minor, access may be restricted.

5. Technical requirements

5.1. Access to the Application: Access to the Application requires having the Application installed and active, as well as the ability to connect to the Internet (each use of the Services requires current Internet access), having an email inbox, and an active mobile phone number. In the case of using the mobile version of the Application, it is necessary to have a device running on the Android or iOS operating system.

5.2. Access to the Website: Access to the Website requires Internet access and an email inbox. The User should have a functional and up-to-date web browser, e.g. Mozilla Firefox, Google Chrome, Microsoft Edge, Opera, etc.

6. Information on price reductions

6.1. Price Reductions: When informing about a reduction in the price of Paid Services, alongside the information about the reduced price, we also display information about the lowest price of that service that was in effect during the 30 days prior to the introduction of the reduction.

7. Terms and conditions of other service providers

7.1. Acceptance of Terms: Use of certain functionalities of the Platform may require acceptance of and compliance with the terms and conditions of other service providers who cooperate with HealthNation and whose services the User wishes to use.

8. Logging in through external accounts

8.1. Logging in through Google or Apple iOS: We enable logging in using Google or Apple iOS accounts. We retrieve from these services data in the form of email addresses and user names.

9. Booking services through external services

9.1. We enable booking of Services through external services at the Partner's request, if the Platform does not meet their expectations.

§ 6 Technical Requirements for Using the Platform

1. Technical requirements for using the Platform via the Website

1.1. Device: The User must have a computer or other electronic device with Internet access and the ability to display the Website and Platform interface.

1.2. Web browser: The User must have an up-to-date web browser in its latest version, provided by the following manufacturers: Microsoft Edge, Google Chrome, Mozilla Firefox, Apple Safari.

1.3. Cookie and JavaScript support: The User must have cookie support and JavaScript support enabled in their browser.

1.4. Blocking software: The User must have any software blocking the operation of the above programmes (cookies and JavaScript) disabled.

1.5. Email account: The User must have an active email account.

2. Technical requirements for using the Platform via the Application

2.1. Mobile device: The User must have a smartphone or tablet on which the Application has been installed, with Internet access and the ability to use the Application.

2.2. Active User Account: The User must have an active User Account.

3. Failure to meet technical requirements

3.1. Risk of malfunction: Failure to meet the technical conditions indicated in points 1.1--2.2 above does not necessarily preclude the possibility of using the Platform. However, it should be noted that the User bears the risk of malfunctioning of individual Platform functionalities and the inability to use certain features of the Website or Application.

4. Application Installation

4.1. Using the Application: Use of the Platform through the Application is possible after its free installation on a mobile device.

4.2. Downloading the Application: The Application can be downloaded directly from:

• Google Play (for Android devices): https://play.google.com/store/apps/details?id=co.healthnation.app
• Apple Store (for iOS devices): https://apps.apple.com/pl/app/healthnation/id1462684327?l=pl

§ 7 Platform Functionalities

1. Available functionalities for Users

1.1. Development and psychological and physical support tools: The User has the opportunity to use development and psychological and physical support tools through the Platform, including:

• Participation in group workshops available on the Platform,
• Use of educational Materials in the form of videos, audio recordings, graphics, texts, courses,
• Support from a development and therapy coordinator via chat available on the Platform,
• Individual support, within the limits defined by the Partner,
• Monitoring the level of well-being using HealthNation tools, including the Health Audit function, the Health Survey (well-being and health goals analysis) and Health Check (periodic analysis of psychological well-being),
• Access to HR functionality, available exclusively to Users designated by the Partner, enabling insight into statistical data regarding the use of services by Users covered by the agreement with the Partner. All data made available within the HR functionality are aggregated and anonymised so that it is impossible to identify individual Users.

2. Recording and archiving of workshops

2.1. Recording and archiving: HealthNation may record, make available, and archive the course of workshops referred to in point 1.1.

3. Changes to the workshop programme

3.1. Programme changes: HealthNation reserves the right to make changes to the workshop programme, including changes to the speaker or technical conditions, for important reasons. Such changes shall not constitute a breach of the Terms and Conditions.

3.2. Schedule changes: For important reasons, such as force majeure or the inability of the trainer/speaker to attend, HealthNation reserves the right to change the dates and programme of workshops at any time, which shall likewise not constitute a breach of the Terms and Conditions.

4. Support from the development and therapy coordinator and specialists

4.1. Voluntary disclosure of information: Support from the development and therapy coordinator and specialists is provided solely on the basis of information voluntarily provided by the User and information about the manner of using the Platform. The User independently decides on the scope of information provided, including sensitive data, which is equivalent to granting consent for their processing by HealthNation.

4.2. Response time: Support is provided through the Platform, and responses to the User's messages are provided by coordinators and specialists no later than 72 hours from the receipt of the message.

5. Use of AI on the Platform

5.1. Application of AI: HealthNation uses AI within the operation of the Platform, in particular for:

• Conducting chats with Users in the area of support,
• Implementing well-being monitoring functionalities,
• Automatic translation of chats and video chats,
• Facilitating contact with the support department.

5.2. Supervision of AI: Processes carried out by AI remain under the supervision of HealthNation employees. Each use of AI is appropriately labelled, and the User is informed of this before commencing the use of a given functionality.

5.3. Purpose of AI use: The use of AI is intended to:

• Facilitate the use of Services on the Platform,
• Accelerate the provision of Services and improve accessibility,
• Provide more precise analysis of variables provided by the User.

5.4. Opting out of AI: A User who considers that AI has a negative impact on them has the right to inform HealthNation, which shall make efforts to provide Services without the use of AI, insofar as this is possible. If this is not possible, the User or the User's Family Member should discontinue the use of the given functionality.

5.5. Non-discrimination principles: HealthNation ensures that AI used on the Platform treats all users fairly and adheres to the principles of non-discrimination, diversity and inclusivity.

5.6. Compliance with regulations: AI used on the Platform complies with applicable laws, in particular in the area of privacy and personal data protection.

5.7. Limitations of AI:

• AI functions available on the Platform are of a solely supportive and informational nature.
• AI does not diagnose diseases, prescribe treatment, or replace a visit to a specialist.
• All information obtained from AI should be treated by the User as additional support, not professional specialist advice.
• In the case of health data, AI processes them only to the extent necessary for the provision of Services on the Platform, in compliance with mandatory data protection standards.

6. Nature of the Services

6.1. Informational nature of the Services: Services provided through the Platform do not constitute healthcare services within the meaning of the Act on Medical Activity and cannot replace diagnostic or therapeutic activities.

7. Opinion surveys and testing of new functionalities

7.1. Participation in surveys and tests: HealthNation may invite Users to participate in opinion surveys and testing of new Platform functionalities in order to improve its operation. Participation is voluntary, and data collected in this regard are processed in accordance with the Privacy Policy.

§ 8 Cancellation of Appointments

1. Organisation of the appointment cancellation system

1.1. Providing contact information: In order to enable the efficient cancellation of appointments, the User is obliged to provide and regularly update in the User Account their contact information, such as a mobile phone number or email address, to which appointment reminder messages are to be sent.

1.2. No response to SMS messages: In the case of SMS messages reminding about an appointment, it is not possible to reply to such a message. These messages are of an informational nature.

1.3. Automatic sending of reminders: Reminder messages about appointments, sent both by SMS and email, are sent automatically through external service providers. HealthNation shall not be liable for any delays or technical problems related to the delivery of these messages by external providers.

2. Cancellation of appointments

2.1. Appointment cancellation procedure: The User may cancel a booked appointment within the period established by the system, but no later than 24 hours before the scheduled appointment time.

§ 9 Updates, Maintenance and Complaints

1. Platform Availability

1.1. Availability rules: HealthNation shall make every effort to ensure that the Platform is available 24 hours a day, 7 days a week, except for:

• Planned Technical Breaks, of which Users will be informed with appropriate advance notice,
• Circumstances beyond the control of HealthNation, such as force majeure, technical failures, actions or omissions of third parties, including technical problems related to Application Distributors.

2. Platform Updates

2.1. Implementation of updates: In the case of independent improvements or updates to the Platform by HealthNation, the new version of the Platform will be promptly implemented and made available to Users. Updates may also include new applications of AI or new Services provided through the Platform. The update implementation time will depend on the degree of complexity of the technical changes being introduced and may require a Technical Break.

2.2. Technical Breaks: Technical Breaks related to Platform updates shall not be treated as improper performance of the Service by HealthNation.

3. Maintenance and servicing

3.1. Maintenance work: HealthNation reserves the possibility of Technical Breaks in access to the Platform caused by maintenance or modernisation work other than Platform updates.

3.2. Platform maintenance: HealthNation maintains the Platform in a condition ensuring its proper functioning, in particular through:

• Removing Platform Defects,
• Ensuring access to Platform updates,
• Providing technical support in the use of the Platform.

4. Submitting inquiries, comments and complaints

4.1. Right to submit complaints: The User has the right to submit inquiries, comments and complaints regarding the operation of the Platform.

4.2. Reporting Defects: Platform Defects may be removed by HealthNation on its own initiative or on the basis of a Report. A Report should be sent to the email address: kontakt@wellbeingpolska.pl and should contain the contact details of the reporting person, a description of the event, information about the part of the Platform where the Defect presumably occurred, and the circumstances of its occurrence.

4.3. Processing of Reports: In the event of a negative resolution of a Report, the reporting person shall be informed by email of the reasons for not removing the Defect, no later than within 72 hours of the resolution of the Report.

4.4. No right to compensation: The User may not demand compensation or damages for the occurrence of a Defect if HealthNation has removed the Defect in accordance with the provisions of this paragraph.

5. Intellectual property and licence

5.1. Rights to the Platform: All rights to the Platform, including copyrights, related rights, industrial property rights and all required licences, belong to HealthNation.

5.2. Granting of licence: Upon downloading the Application and accepting the Terms and Conditions, HealthNation grants the User a non-exclusive, non-transferable licence to use the Application in accordance with its intended purpose.

5.3. Licence restrictions: The User is not entitled to activities exceeding the scope of the granted Licence, such as decompilation, disassembly, reproduction, sale or distribution of the Application without the consent of HealthNation.

5.4. Consequences of licence violation: In the event of a breach by the User of the rules of Platform use or Licence terms, HealthNation has the right to block access to the Application or Website and to revoke the granted Licence.

§ 10 Platform Security

1. Security efforts

1.1. Commitment to security: HealthNation makes every effort to ensure that the use of the Platform is fully safe for Users.

2. Technical and organisational measures

2.1. Personal data protection: In order to ensure the confidentiality and security of data transmitted through the Platform, HealthNation applies appropriate technical and organisational measures. These measures are intended to protect the personal data of Users being processed, as well as to secure the Platform against access by unauthorised persons and against processing of data in violation of applicable laws.

3. Data encryption

3.1. Application of encryption: HealthNation declares that in order to protect the Platform, it uses encryption of data transmitted through the Website using the Secure Socket Layer (SSL) protocol, which ensures the secure transmission of information between the User and the Platform.

4. Actions in the event of a security breach

4.1. Consequences of a security breach: In the event of a breach of Platform security rules by the User, HealthNation may take all legally permitted actions, including preventing access to the Service on the Platform. In particular, HealthNation reserves the right to block access to the Platform in the event of detecting activities threatening the security of data or the integrity of the system.

§ 11 Rewards in the Application

1. Collecting Rubies

1.1. Rules for Collecting Rubies: Users of the Application may collect virtual currency in the form of rubies for completing specific tasks in the Application and for advancing in leagues. These tasks may include various activities, such as completing challenges, participating in events, or other activities defined in the Application.

1.2. Calculation of Rubies: HealthNation reserves the right to determine the number of rubies awarded for individual activities, as well as to change these values at any time, of which Users will be informed in the Application.

2. Use of Rubies

2.1. Exchanging Rubies for Rewards: Collected rubies may be exchanged for rewards available in the Application, depending on their availability at a given time. The Application enables the selection of rewards from a specific list, the contents of which may be updated. The User acknowledges that the availability of rewards may be limited, and their number or type may change.

2.2. Restrictions on the Use of Rubies: Rubies may only be used for the purpose of exchanging them for rewards within the Application and may not be exchanged for cash, other currencies, or any other forms of compensation. Rubies are not transferable to other User accounts nor assignable to third parties.

3. Rewards in the form of Consultations

3.1. Receiving Consultations: In the event that the reward consists of consultations (e.g. with experts, trainers, dietitians), the User will be informed of the details regarding sign-up, available time slots, and conditions of participation in such consultations. Submission of a sign-up for consultations by the User does not guarantee automatic assignment of a time slot. The User should await further instructions and confirmation of time slot availability.

3.2. Consultation Conditions: HealthNation reserves the right to change the dates or cancel consultations in the event of important reasons, such as the unavailability of experts or other circumstances beyond the control of HealthNation.

4. Limitations and Reservations

4.1. No Guarantee of Receiving Rewards: The User acknowledges that collected rubies and awarded rewards are not guaranteed. HealthNation reserves the right to introduce changes to the rules for awarding rewards, their availability, and to temporarily or permanently withdraw specific rewards from the offer.

4.2. No Liability: HealthNation shall not be liable for any delays, changes or cancellation of rewards for reasons beyond its control, including reasons attributable to reward or service providers. In the event that a reward cannot be fulfilled, HealthNation shall make every effort to provide the User with an alternative reward of comparable value; however, the User acknowledges that this may not always be possible.

§ 12 Free Services

1.1. Use of Free Services: HealthNation reserves that the use of certain Services provided free of charge may require having an active Account.

2.1. Exclusion of the Act's provisions: The provisions of the Act shall not apply to Services provided by HealthNation free of charge.

§ 13 HealthNation's Liability

1. Scope of liability

1.1. HealthNation's obligations: HealthNation undertakes to provide access to the Platform under the conditions set out in the Agreement and in the Terms and Conditions.

1.2. Exclusions of liability: HealthNation shall not be liable for:

• Interruptions in access to the Platform resulting from causes beyond the control of HealthNation, such as force majeure,
• Damage caused to third parties resulting from the User's actions that are inconsistent with the Terms and Conditions,
• Loss of data resulting from equipment failure, Internet network dysfunction, or other circumstances beyond the control of HealthNation,
• Damage resulting from the User's breach of the Terms and Conditions.

1.3. Platform operation: HealthNation makes every effort to ensure the Platform operates continuously but shall not be liable for the manner in which the User uses the Platform or for damages resulting from erroneous actions when using the Platform.

1.4. Provision of false data: HealthNation shall not be liable for damages resulting from the provision of false data by the User.

2. User's liability

2.1. Indemnification: The User undertakes to fully cover all damages incurred by HealthNation in connection with the improper use of the Platform, in particular caused by providing unlawful content, providing false data, or violating the law or the Terms and Conditions.

2.2. Liability for content: The User bears full liability for all content posted by them on the Platform and declares that the materials posted by them do not infringe the rights of third parties.

§ 14 Additional Provisions Regarding Liability

1. HealthNation's efforts

1.1. Commitment to service quality: The management and staff of HealthNation make every effort to ensure that the Services provided correspond to the individual needs of Users, based on the current guidelines of reputable health organisations.

2. Limitations of liability

2.1. Content of Materials: HealthNation shall not be liable for the content or timeliness of Materials published by Users or for the consequences of providing false, outdated or incomplete data. HealthNation reserves the right to make editorial corrections to Materials published on the Platform if it deems it necessary.

2.2. Prohibition on data use: The use of Services available on the Platform and published data for purposes other than those related to the use of HealthNation services, in particular copying, collecting, processing and disseminating data, is prohibited. HealthNation shall not be liable for the violation of this prohibition by third parties.

3. No guarantee of effectiveness

3.1. Nature of Services: Services provided by HealthNation do not constitute medical services within the meaning of the Act on Medical Activity. HealthNation staff are unable to verify all data provided by Users or fully assess their health condition.

3.2. Effectiveness of actions: HealthNation does not guarantee 100% effectiveness of actions taken by Users on the basis of information provided within the framework of the Services. In the event of adverse effects, the User should immediately cease using the Services and, in justified cases, consult a physician.

4. Interruptions in access to the Platform

4.1. Liability for interruptions: HealthNation shall not be liable for interruptions in access to the Platform caused by failures of telecommunications links, except in cases concerning Consumers, where special provisions on liability apply.

§ 15 Privacy and Confidentiality

1. Processing of personal data

1.1. Legal basis for personal data processing

By using the Services, the User acknowledges that their personal data are processed for the purpose of:

a) concluding and performing the agreement for the provision of services by electronic means, or taking actions at the User's request prior to its conclusion -- on the basis of Article 6(1)(b) GDPR (RODO);

Data processing is carried out in accordance with:

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR/RODO), the Act of 10 May 2018 on the Protection of Personal Data, and other applicable personal data protection provisions.

The Controller has implemented and maintains an internal system of documentation, policies and procedures in the area of personal data protection, in accordance with the principle of accountability. The detailed organisational and procedural rules for personal data protection are set out in the Platform Terms and Conditions, in particular in § 15(10).

Information required under Articles 12--14 GDPR (RODO) is provided to data subjects in a clear, comprehensible and easily accessible manner, in particular at the stage of Account registration, conclusion of agreements and collection of personal data.

1.2. Controller of personal data

The Controller of Users' personal data is Health Networks Sp. z o.o., with its registered office in Krakow, ul. Kapelanka 12, NIP: 6762628243.

In matters related to personal data processing, the User may contact the Controller at the following email address: kontakt@wellbeingpolska.pl.

2. Personal data protection rules

2.1. Privacy Policy: The detailed rules for the protection of personal data of Users of our Application are set out in the Privacy Policy.

3. Confidentiality of communication

3.1. Confidentiality of chat communication: Communication conducted through the chat in the Application is confidential to the extent of the technical capabilities applied by the Controller.

The User is aware that data transmitted in the chat, including personal data and sensitive data, may be visible to other authorised persons and that not all elements of communication (e.g. metadata or interface elements) are subject to end-to-end encryption.

The User is obliged not to transmit in the chat any information beyond what is necessary for the performance of the Services.

The Controller takes available organisational and technical measures to protect data; however, the User transmits them at their own risk.

The User should provide in the chat only information necessary for the use of the Services.

4. Data deletion procedure

4.1. Right to data deletion: The User has the right to have their personal data deleted. To do so, the User should contact HealthNation at the email address: kontakt@wellbeingpolska.pl. Data will be deleted within 30 days of receiving the request, with the reservation that some data may be retained for a longer period if required by law. The User will be informed of any obstacles preventing full deletion of the data.

5. Cookie information

5.1. Use of cookies: The Website and Application use cookies to improve functionality and provide Services. By using the Website or Application, the User agrees to the use of cookies in accordance with the Privacy Policy.

6. Data modification

6.1. Right to data modification: The User has the right to modify their personal data through the account settings in the Application or by contacting HealthNation at the email address: kontakt@wellbeingpolska.pl.

7. Data storage security

7.1. Data protection measures: HealthNation applies appropriate technical and organisational measures to protect personal data against unauthorised access, loss, alteration or destruction. Data transmission, including data transmitted in the chat, is secured using TLS/SSL encryption, in accordance with § 10(3.1) of these Terms and Conditions and the Privacy Policy.

8. Notifications and marketing communication

8.1. Receiving notifications: The User may receive notifications and marketing messages regarding the Services. The User may opt out of receiving such messages by contacting HealthNation at the email address: kontakt@wellbeingpolska.pl.

9. Use of external services

9.1. Transferring data to service providers: In order to perform the Services, HealthNation may transfer personal data to external service providers. We transfer only necessary data, and providers are obliged to protect them in accordance with applicable laws.

10. Supplementary provisions on personal data protection

10.1. The Controller has implemented and maintains an internal system of documentation, policies and procedures in the area of personal data protection, in accordance with the principle of accountability, covering in particular risk assessments, procedures for the exercise of data subjects' rights, breach management, and data access rules.

10.2. The Controller regularly carries out risk analyses related to the processing of personal data and verifies the adequacy of the technical and organisational measures applied, in accordance with Articles 32 and 35 GDPR (RODO), documenting the results of such analyses.

10.3. The Controller ensures that retention periods for personal data are limited to the duration of the Agreement and periods required by law or until the expiry of limitation periods for claims. Data processed on the basis of consent, including health data, are deleted or anonymised after consent is withdrawn, unless further processing is required by law.

10.4. The Controller ensures that data subjects are provided with information required under Articles 12--14 GDPR (RODO) in a clear, comprehensible and easily accessible manner, in particular at the stage of concluding agreements and collecting personal data.

10.5. The Controller engages only processors of personal data on its behalf on the basis of agreements meeting the requirements of Article 28 GDPR (RODO). Access to personal data is granted solely to persons holding a personal authorisation from the Controller, to the extent necessary for the performance of their assigned duties, in accordance with the principle of access minimisation.

§ 16 Complaints

1. Scope of application

1.1. Scope of regulation: This paragraph of the Terms and Conditions applies exclusively to Paid Services.

2. Liability for conformity of Services with the Agreement

2.1. Definition of Services: In this paragraph, "Services" means HealthNation services that constitute Digital Content or Digital Services within the meaning of the Act.

2.2. Liability for defects: HealthNation shall be liable to the User who is a Consumer for the lack of conformity of the Services with the Agreement if the defect was identified within two years from the date of delivery of the Services to the User. It is presumed that the lack of conformity of the Services with the Agreement that became apparent within one year from the moment of delivery of the Digital Content or Digital Service existed at the time of their delivery.

3. Complaint

3.1. Filing a complaint: If the Services are not in conformity with the Agreement, the User may demand that they be brought into conformity with the Agreement. A complaint should contain:

• User data,
• Information regarding the Services and the Order,
• A description and the date of occurrence of the defect in the Services,
• The User's demand,
• The original or a copy of the Proof of Purchase or other evidence confirming the purchase of the complained Services.

4. Complaint procedure

4.1. Complaint Form: To facilitate the complaint procedure, HealthNation makes available a Complaint Form, constituting Appendix No. 1 to these Terms and Conditions.

4.2. Complaint resolution deadline: HealthNation undertakes to resolve a complaint filed by the User within 14 days of its receipt. In the event of failure to respond within this period, the complaint shall be deemed accepted by HealthNation.

4.3. Methods of filing complaints: Complaints should be filed:

• In paper form -- by correspondence to the address: HealthNetworks Sp. z o.o., ul. Kapelanka 12, 30-347 Krakow.
• In electronic form -- to the email address: kontakt@wellbeingpolska.pl.

5. Refusal to bring into conformity with the Agreement

5.1. Grounds for refusal: HealthNation may refuse to bring the Digital Content or Digital Service into conformity with the Agreement if it is impossible or would require excessive costs for HealthNation. When assessing the excessiveness of costs, the significance of the lack of conformity with the Agreement and the value of the Digital Content or Digital Service in conformity with the Agreement shall be taken into account.

6. Withdrawal from the Agreement

6.1. Limitations on the right of withdrawal: The User may not withdraw from the Agreement if the Digital Content or Digital Service is delivered for a price and the lack of conformity with the Agreement is insignificant. It is presumed that the lack of conformity is significant.

6.2. Partial withdrawal from the Agreement: If the lack of conformity concerns only certain Services delivered under the Agreement, the User may withdraw from the Agreement only in respect of those Services.

6.3. Price refund: HealthNation shall refund the price using the same method of payment as that used by the User, unless the User has expressly agreed to a different method of refund that does not involve any costs for the User.

7. Changes to Digital Content or Digital Service

7.1. Right to make changes: HealthNation may make changes to the Digital Content or Digital Service if the Agreement so provides and only for justified reasons specified therein.

7.2. Notification of changes: If a change significantly and negatively affects the User's access to the Digital Content or Digital Service, HealthNation shall inform the User of their right to terminate the Agreement without notice within 30 days from the date of the change.

7.3. Preservation of unchanged state: This right shall not apply if HealthNation provides the User with the right to retain the Digital Content or Digital Services in an unchanged state, at no additional cost.

§ 17 Delivery and User Rights Related to Non-Delivery of Digital Content or Services

1. Services deemed delivered

1.1. Moment of delivery of Services: HealthNation considers the Services as delivered in the case of:

• Digital Content: at the moment when the User or their selected device is provided with access to it or its download in accordance with generally applicable provisions of law.
• Digital Service: at the moment when the User or their selected device gains access to it.

2. Scope of Services

2.1. Definition of Services: In this paragraph, "Services" means HealthNation services constituting Digital Content or Digital Services within the meaning of the Act.

3. Right of withdrawal

3.1. Non-delivery of Services: If HealthNation has not delivered the Service (in whole or in part), the User, after first requesting HealthNation to deliver, shall have the right to withdraw from the Agreement. If HealthNation fails to deliver the relevant Services promptly or within an additional period expressly agreed upon by the Parties, the User may withdraw from the Agreement.

3.2. Right of withdrawal without prior request: The User also has the right to withdraw from the Agreement without first requesting delivery of the Services if:

a) HealthNation's declaration indicates that a given Digital Content or Digital Service will not be delivered.

b) The circumstances of concluding the agreement for Digital Content or Digital Services clearly indicate that the delivery date was of essential significance to the User, and HealthNation failed to deliver them by that date.

4. Exceptions

4.1. Non-application of provisions: The provisions of this paragraph of the Terms and Conditions shall not apply if the subject matter of the Agreement is the delivery of Digital Content via a tangible medium.

§ 18 Withdrawal

1. Right of withdrawal

1.1. Entitlement to withdraw: The User shall have the right, in respect of all Paid Services, to withdraw from the Agreement within 14 days from the date of its conclusion, subject to paragraphs 3 and 4 below.

1.2. Method of submitting a withdrawal statement: Exercise of the above entitlement requires the User to submit a statement of withdrawal from the Agreement within 14 days:

a) In paper form -- by correspondence to the address: HealthNetworks Sp. z o.o., ul. Kapelanka 12, 30-347 Krakow.

b) In electronic form -- to the email address: kontakt@wellbeingpolska.pl.

2. Scope of the entitlement

2.1. Who may withdraw from the Agreement: The entitlement to withdraw is available exclusively to Users who are Consumers or Entrepreneurs with consumer rights.

3. Consent to the provision of Services before the expiry of the withdrawal period

3.1. Loss of the right of withdrawal: Pursuant to Article 38(1)(13) of the Act, the User, in order to receive Paid Services that constitute Digital Content before the expiry of the statutory 14-day withdrawal period, must consent to the commencement of the provision of such services by HealthNation before the expiry of that period. Granting such consent entails the loss of the right of withdrawal by the User.

4. Provisions of the Act

4.1. Legal basis for withdrawal: The details concerning the exercise of the right of withdrawal from the sales agreement as a distance contract are set out in the provisions of the Act.

§ 19 Supervision over the Posting of Materials

1. Authority to control Materials

1.1. Control of Materials: HealthNation has the authority to control Materials posted by Users on the Platform. This control covers compliance with the Terms and Conditions, provisions of law, and factual accuracy. As a result of the review of the content of Materials, HealthNation may decide to remove them from the Platform. In the event of noticing content that is inconsistent with the Terms and Conditions or provisions of law, Users are requested to immediately inform HealthNation.

2. Liability for Materials

2.1. Requirements regarding rights to Materials: Users are required to post on the Platform only Materials to which they hold rights of use arising from:

a) Their copyrights,

b) A licence authorising the use of such Materials to the extent required by the provisions of this paragraph.

2.2. Infringement of third-party rights: Posting Materials on the Platform that infringe any rights of third parties, including both property and personal rights, constitutes a breach of these Terms and Conditions and, upon detection of such infringement, results in the removal of those Materials from the Platform by HealthNation.

2.3. Disclosure of data of persons infringing third-party rights: HealthNation informs that in cases provided for by law, in particular upon receiving an order from the competent authority, the personal data of Users infringing third-party rights may be disclosed to the person whose rights have been infringed.

3. Full liability for Materials

3.1. User's liability: Users bear full liability for Materials posted by them on the Platform.

4. Licence for Materials

4.1. Granting of licence: By posting any Content protected by copyright on the Platform, the User grants HealthNation a free-of-charge, transferable, non-exclusive licence, unlimited in time or territory, including the right to grant sublicences, for the use of Materials in all fields of exploitation known at the time of acceptance of the Terms and Conditions, including the following fields of exploitation:

a) Using the Materials.

b) Recording and reproducing the Materials on HealthNation's servers and IT structures in an unlimited number of copies, backup copies using all digital techniques.

c) Making copies of the Materials, making changes to the Materials, rental, lending.

d) Distribution and making the Materials available to third parties upon their request, in any digitally recorded form.

e) Running and making the Materials publicly available via the Internet and local networks, in such a manner that anyone may access them at the place and time of their choosing.

f) Combining and making the Materials available with other Materials posted by other Users for the purposes of conducting analyses, compilations, presentations.

g) Using and modifying (including translating into other languages) the Materials for the purposes of ensuring the proper functioning of the Platform and the proper display of Materials on the Platform on every device and in every operating system on which the Platform is available.

h) Placing the Materials into commercial circulation.

5. Sublicence

5.1. Sublicence rights: The User authorises HealthNation to grant sublicences. The User warrants that persons entitled under moral copyrights to the Materials shall not exercise such rights against HealthNation, its legal successors and licensees.

6. Termination of licence

6.1. Right to terminate the licence: The User has the right to terminate the licence granted to HealthNation in accordance with point 4 above; however, deletion of the account on the Platform shall not be deemed equivalent to such termination.

§ 20 Final Provisions

1. Right to amend the Terms and Conditions

1.1. Amendments to the Terms and Conditions: HealthNation reserves the right to introduce amendments to these Terms and Conditions for important reasons at any time, in particular in the event of the introduction of a new version of the Application, Website or Platform, changes to Platform functionalities, changes in legislation, the addition of new Services, or the extension of the scope of Services provided on the Platform.

1.2. Effectiveness of amendments: Each amendment becomes effective from the moment of publication of the amended Terms and Conditions in the Application. A User holding an Account will be informed of each amended content of the Terms and Conditions. In the event of disagreement with the new provisions, the User should delete the Account.

1.3. Notification of amendments: The User or the User's Family Member will be notified of each amendment to the Terms and Conditions by making the content of the new Terms and Conditions available upon the first login to the Platform after the introduction of amendments and by making it available in the User Account or the User's Family Member Account. An amendment to the Terms and Conditions shall enter into force 14 days after publication of the amended Terms and Conditions on the Platform. Failure by the User or the User's Family Member to terminate the agreement within the above period shall be deemed equivalent to acceptance of the new wording of the Terms and Conditions.

1.4. Withdrawal from the agreement following an amendment to the Terms and Conditions: In the event of an amendment to the Terms and Conditions, the User or the User's Family Member has the right to withdraw from the agreement within 14 days from the date of entry into force of the new Terms and Conditions, without stating a reason, by submitting a statement in documentary form to the email address: customercare@healthnation.com or to the correspondence address of HealthNation.

2. Transfer of rights and obligations

2.1. Transfer of rights: The transfer of rights and obligations arising from the Terms and Conditions does not require the prior consent of the User. However, the User will be promptly informed of such transfer.

3. Governing law

3.1. Application of Polish law: These Terms and Conditions are governed by the law of the Republic of Poland. In all matters not regulated by these Terms and Conditions, the provisions of Polish law shall apply.

4. Dispute resolution

4.1. Competent court: All disputes relating to or arising from the User's use of the Services shall be resolved by the court having jurisdiction in accordance with the Code of Civil Procedure.

4.2. Out-of-court dispute resolution: A User who is a consumer has the option of using out-of-court methods of handling complaints and pursuing claims before the Permanent Consumer Arbitration Court. Information on how to access the above-mentioned mode and dispute resolution procedures is available at: https://uokik.gov.pl/, under the "Consumer dispute resolution" tab. A User who is a consumer also has the option of using the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.

5. Entry into force

5.1. Date of entry into force: These Terms and Conditions shall enter into force on 01.03.2026.

§ Appendix -- Sample Withdrawal Form

6.1. Withdrawal form: The attached form may be used by the User or the User's Family Member to withdraw from an agreement concluded at a distance or outside business premises, in accordance with the provisions of the Consumer Rights Act.

Appendix: Sample Withdrawal Form

Place, Date: ________________________

Full name of the entrepreneur: ________________________

Registered office address of the entrepreneur: ________________________

Consumer's name and surname: ________________________

Consumer's address: ________________________

Statement of Withdrawal from a Distance Contract or Off-Premises Contract

On the basis of the Act of 30 May 2014 on Consumer Rights (Article 27), I hereby withdraw from the agreement concluded on ________________ at a distance / outside business premises, without stating a reason.

I shall return the goods in accordance with the provisions of the agreement.

I request a refund of the price of the goods/service to the account ________________ / in the manner in which payment for the goods was made.

________________________

Consumer's signature