General terms and conditions

These general terms and conditions govern the rights and obligations between PHIVIO and its customer (especially the Specialist), unless otherwise stated. By ordering our Services, you confirm that you have properly read these general terms and conditions (hereinafter referred to as the "Terms and Conditions"), understand them and agree to their content and compliance. By agreeing to them, the business conditions become an integral part of our mutual contractual agreement, on the basis of which we, the PHIVIO company, will provide Services (or customized Services) to you as a user. Unless otherwise agreed between us or these General Terms do not stipulate otherwise, we have concluded the contract with you at the moment of sending you an acceptance e-mail with a link to complete (execution) your registration in the Portal (www.phivio.com) and from that moment the Trial period begins.

Phivio App is an application intended for mobile phones and similar devices, which is installed using software intended for this purpose (e.g. App store, Play Store, Google Play, etc.). User registration for applications takes place through our Portal in accordance with the procedures according to the General Terms and Conditions.

Our relationship is primarily concluded through remote means. The contractual relationship between us and the Specialists (customers) is established on the basis of a concluded purchase contract in accordance with the Commercial Code, unless the mandatory provisions of the relevant legal regulations state otherwise. If we concluded any part of our contract differently, our individual agreement takes precedence over the General Terms and Conditions in that part of the individually agreed condition(s).

1.1       Unless otherwise expressly stated in the Terms and Conditions, the terms below have the following meaning:
 

„We“ or „PHIVIO“
means the trading company Phivio s. r. o., with registered office: Bancíkovej 17007/1A, Bratislava - district Ružinov, 821 03, ID number: 50 400 681, entry: Commercial register of the Municipal Court Bratislava III, Section: Sro, Insert number: 112579/B

 
„User“
means any registered user of the Portal, regardless of whether he is a Specialist or another person (natural person or legal entity), as well as unregistered visitors to the Portal

 
„You“ or „Specialist“

means a user of our Service who, under all circumstances, is exclusively in a position other than a consumer, and who is exclusively a natural person-entrepreneur and/or a legal person, or a natural person but always associated with business (performing medical activities - providing health care and / or , operating specialized medical clinics and/or services related to body beautification)

 
„Clinic“
means a legal entity that is the operator of a health facility in terms of valid legal regulations and permits and/or legal, or a natural person-entrepreneur who is the operator of a non-invasive body care facility providing services related to body beautification, and has all the necessary authorizations and licenses to operate the services, and who (the person in question) may be the same as the Specialist and/or be assigned by the Specialist in profile of the Specialist on the Portal

 
„Doctor“
means a natural person - an entrepreneur who carries out the provision of independent medical practice, who has the necessary education for the provision, who may be the same as the Specialist and/or be entered by the Specialist in the profile of the Specialist on the Portal within the profile created by the Specialist on the Portal, although he is not a doctor - natural person - entrepreneur

 
„Expert“
means a natural person or a natural person - an entrepreneur who is different from a Doctor and provides services related to body beautification and/or other non-invasive aesthetic interventions and procedures, and has the necessary authorizations and licenses to provide them, which can be the same as a Specialist only if , if it is a business entity and/or it can be entered by the Specialist in the Specialist's profile on the Portal within the profile created by the Specialist on the Portal

 
„Service“
means the space provided by us on the Portal, within which the Specialist is entitled to create a profile of one Clinic or a profile for one Doctor/Specialist with whom the Specialist has a valid contractual relationship, according to our pre-set visual solution for the profile, which will be (is) placed on Portals. The service also includes customized fulfillment based on an accepted Individual order. The details of the offered services are always listed in the Price List, while it is valid that at the end of the Trial Period it is charged for a period of one (1) year from the end of the Trial Period

 
„Trial period“
means a period of 3 (three) consecutive months from the day of registration to the Portal, during which the provision of the Service is not charged (it is charged at the rate of USD 0.00 / 3 months)

 
„Portal“ or "Phivio portal"
means the website available via (alphabetically) www.phivio.at, www.phivio.au, www.phivio.ca, www.phivio.com, www.phivio.co.uk, www.phivio.co.za, www.phivio.cz, www.phivio.de, www.phivio.eu, www.phivio.ie, www.phivio.nz, www.phivio.sk and is divided into a publicly and non-publicly accessible part

 
„Phivio App“
means PHIVIO's mobile application, named "Phivio", which is freely downloadable for Users through dedicated software in mobile phones and similar devices (e.g. App store, Play Store, Google play, etc.), for the use of which download is required and opening it on a mobile device (mobile phone, tablet) and having an operating system designed for it

 
„Patient“
means a registered User in the Portal who does not purchase the Service but can be a contributor of authorized (not unauthorized) content to the Portal in accordance with the Portal Rules (e.g. ratings, reviews or patients' experiences of the services of Specialists, Doctors, Experts that he completed with them)

 
„Rules of the Portal“ or „Terms of use"

means the Terms and Conditions, the Notice on the processing of personal data, the laws in force in the USA and the Slovak Republic (especially the Criminal Code, the Code of Offenses, the Civil Code, etc.), the Phivio Terms of Use

 
„Price“
means the fee for the Service, with an annual commitment, invoiced once after the 3-month trial period, payable within 14 calendar days from the date of sending the invoice to the customer. The seller reserves the right to change the interval as well as the price of the fee - however, this does not apply to already purchased memberships during the purchased interval (commitment period). After the Trial Period has expired, it is non-refundable.
 

“Advertising and Sponsored Content”

means any form of commercial, informational or promotional communication displayed, distributed or published through the Portal, the Portal in the Products section, or a related digital platform (e.g. email, application, RSS, notification, newsletter). Ordering of Advertising and Sponsored Content is carried out in the form of an Individual Order (Article 8).

“Reservation System” or “Booking System”

Phivio operates a Reservation System (Booking System) through which users can reserve appointments. This system is provided as an optional and additional service. The Reservation System operates on the principle of automatic allocation of appointments based on the availability indicated by the specialist in the system. Phivio, as the provider of the Reservation System, does not guarantee that a specific appointment will be allocated to the user, nor that it will be available in all cases. The fact that the user receives or does not receive an appointment does not in any way entitle the user or the specialist to any form of compensation.

Phivio is not responsible for an unsuccessful reservation or non-delivery of an appointment confirmation in the event that the user enters incorrect or incomplete contact information (in particular, an email address or telephone number), or if delivery fails due to reasons on the part of third parties (e.g. an email service provider or mobile operator). Portal users acknowledge that the Reservation System is only of an intermediary and technical nature and does not establish a legal entitlement to the provision of healthcare or the emergence of any contractual obligation on the part of Phivio towards the user or specialist. Phivio also cannot be held responsible if a specialist (doctor, clinic, expert or other specialist) uses the "Book online" button in their profile to redirect to a booking system provided by third parties.

1.2       Important notice. Our customer (contractual partner purchasing the Service) can only be a Specialist (i.e. a natural person - an entrepreneur or a legal entity that has been granted a valid license to provide health care in the state of its registered office/place of business, or has a valid and effective authorization to provide services related to body beautification). If a natural person wants to be our customer in the position of a Specialist, he can only be one in connection with the promotion of his business activity in connection with its performance (not as a consumer) and he must inform us about this in advance (in such a position he is not a consumer and is considered for the Specialist, if he concludes a contract with us on the provision of the Service). If the Specialist creates a profile for another person, who, however, must meet the condition that he is a Clinic or a Doctor or an Expert, the Specialist is obliged to have all rights to the data and content (including intellectual property) that he enters into the Portal about the given Clinic or Doctor or Expert and its interface when creating a Profile and creating content in the Portal, to which the Specialist undertakes - the Specialist is responsible for the breach of this obligation and is obliged to compensate PHIVIO in the event that as a result of the breach of the given obligation, PHIVIO suffers damage or other harm, and at the same time has company PHIVIO the right to delete the profile created by the Specialist and not to provide the Services to the Specialist due to the breach of the given obligation.

Our goal is to create a section of Specialists with the possibility of creating a Profile, which will be accessible (internal section for Specialists to create a profile) only for persons who enter into a contract with us for the provision of the Service, exclusively in connection with the performance of their business activities in the field of providing health care, pharmacy activity, rehabilitation activity, aesthetic medicine and plastic surgery, services related to body beautification.
 
Any natural person capable of legal acts and/or legal entity can be a user, regardless of their registration on the Portal - by staying on the Phivio portal, the given person undertakes to comply with the Rules of the Portal and confirms that he has read and understood them ( in particular the Terms and Conditions, the Notice on the processing of personal data and the Phivio Rules of Use). Point 1.2 contains the Purpose of the Portal.
 

1.3       These General terms and conditions are generally binding rules and are an agreement between us and our customers - before the customer decides to register on the Portal (create a user account on the Portal) and purchase and use the Portal's options (Services), he is obliged to read the Rules Portal, and those during the entire period during which the contract for the provision of the Service is concluded between us, to be observed and respected.
 

1.4       If the potential customer (Specialist) does not agree with anything stated in the Portal Rules or with any condition stated in any of the named documents, please do not create a user account (register) or purchase the Service. If the User does not agree with any condition of the Portal Rules, please do not stay on the Portal website, or did not register in the Patient section, as the Terms and Conditions are binding for Users and by staying on the Portal they confirm that they have understood and agree with them.
 

1.5.      Unless it follows from the nature of the provisions of the General Terms and Conditions that it is a commitment (also a compensation commitment), obligation, understanding, restriction and/or prohibition exclusively intended for the Specialist (or customer) or the ban applies to every User and is given to every User, to which the User agrees and undertakes by staying on the Phivio portal website, while the section for consumers applies exclusively to consumers only.

2.1       The sale and providing of the Services is carried out by PHIVIO, which is also the provider of the Portal.
 
2.2       Data on bank connection and tax identifiers of PHIVIO:
 

Bank account number (IBAN):    SK07 0900 0000 0051 1578 6958

Account maintained at the bank:      Slovenská Sporiteľňa

Business ID:                                              50 400 681

Tax ID:                                                        21 2033 8682

VAT No. (VAT ID):                                     SK21 2033 8682

2.3       Internet portal:   www.phivio.com
 

2.4       Contact information:
-       info@phivio.com

-       telephone contact: +421 904 422 226

3.1      Trial period. Before charging for the use of the Service, within the Trial Period, the Specialist has the opportunity to test the Services and functionalities of the Portal, free of charge for the duration of the Trial Period. If you do not wish to use the Services after the end of the Trial Period, you have a choice of two options, which please use no later than the last day of the Trial Period: (1) withdraw from the contract (by filling in and sending the Form) or (2) delete the account. Inform us about termination (withdrawal from the contract) also at info@phivio.com (for termination, see Article 11 of the Terms and Conditions). Upon expiration of the Trial Period, the Service is charged automatically for a period of one (1) year from the expiration of the Trial Period, unless otherwise stated in the Price List or in these Terms and Conditions.
 

3.2      In case of cancellation of the account by us (after completing and sending the Form to info@phivio.com), your profile and the data in it will not be deleted from the Portal. If you decide to reactivate your profile in the future and use the Service, you will save time filling it out again. However, your profile will stop appearing on the Portal pages.
 

3.3      If you wish to delete the profile from the Portal, please proceed as follows: User - My account - Delete account - Confirm
 

3.4      Upon expiration of the Trial Period, the provision of the Service is charged and the Specialist undertakes to pay for the Service to PHIVIO. Current Services and their prices are always listed in the Price List. By performing the Specialist's registration in the Portal (regardless of the non-existence of the obligation to pay for the Services during the Trial Period), a contract for the provision of the Service by PHIVIO to the Specialist is concluded between the Specialist (customer) and PHIVIO.
 

3.5      Registration to the Portal. On the Portal page in the Specialist Registration section, available at: www.phivio.com/specialist/register the Specialist makes a proposal for registration by completely and truthfully filling out the form displayed on the page and at the same time confirming familiarity with the Portal Rules.
 

3.6        The specialist can choose from the following registration options:
3.6.1      register a Specialist and create a Clinic account (especially suitable for Clinics),
3.6.2      register the Specialist and create a Doctor profile (especially suitable for individual Doctors, doing business as a natural person, or for Doctors whom the Specialist-Clinic wishes to promote on their profile),
3.6.3      register a Specialist and create an Expert profile (especially suitable for Experts),
The mentioned registrations are possible through 2 fields: Doctor and experts account, or Clinic account.

3.7      Order. As part of the registration, the Specialist is obliged to state at least (the given data is necessary for creating the order):
3.7.1      choosing whether he is interested in registering and creating a Doctor Profile or Clinic Profile or Expert Profile,
3.7.2      selection of the Service according to the currently valid offer in the Price List (more on this at www.phivio.com/price-list),
3.7.3      contact data in the scope of: first name, last name, name listed on the PHIVIO Portal, which will be published, number in the medical chamber, or Business ID number, choice of whether it is a natural person - self-employed person or legal entity and its form, contact e-mail and password chosen by you for entering the Portal in the registered part (in your Profile), billing data in the scope of VAT number, Tax ID,
3.7.4      place of operation by indicating the city/municipality, zip code and region. 
 

It is not possible to place an order by registering using social networks. Registration to the Portal via social networks is only possible for Patients. For information on the processing of personal data in connection with the given registration, please read the Notice on the processing of personal data.
 
3.8      After sending the completed registration form and agreeing to the wording of the Portal Rules by ticking the appropriate box of the registration form, the Specialist makes a proposal to conclude a contract with PHIVIO for the provision of the Service. At the same time, the specialist confirms that:
3.8.1      is aware of the charge for the provision of the Service by PHIVIO after the end of the Trial Period, and that upon the expiry of the Trial Period he is obliged to pay for the Service properly and on time,
3.8.2      one Order is always linked to the creation of one profile on the Portal and the provision of one Service - if the Specialist is interested in creating additional profiles, it is necessary to enter another Service Order on the Portal,
3.8.3      is aware that the provision of the Service is intended exclusively for Specialists, unless the Genertal Terms and Conditions stipulate otherwise - if the Specialist wishes to create a profile of a Doctor/Expert with whom he has a contractual relationship, our client is the Specialist and not the given Doctor/Expert (if the given persons did not match).
 

3.9   After your Order has been delivered to us, one of the following situations may occur:
3.9.1      usually within 48 hours of receiving the Order, we will send an acceptance e-mail for the Order to the e-mail you entered by sending you a link to complete the registration - after clicking on it, you will be allowed to enter the Portal interface to fill out the profile in terms of the ordered Service - for for the avoidance of doubt: the registration process is completed by clicking on the activation link to complete the registration, in order to complete the processing of your registration on the Platform, while by clicking you give your explicit consent to complete the registration on the Platform - the Order is considered accepted by us by sending an e-mail with the given link to the completion of the registration and the given sending, the contract is also considered to have been concluded,
3.9.2      we will send a confirmation of its acceptance to the e-mail you provided, which may contain changes or modifications to your Order, in which case it is a rejection of the Order and a new offer from our side. You can reject this new offer within 3 (three) working days of receiving it, or contact us at our contact e-mail and we will come to an agreement with you individually. However, if you do not reject the new offer within the stated period, the Order is concluded in the wording of our new offer,
3.9.3      you will not receive confirmation of the acceptance of the Order via the e-mail sent by us with a link to complete the registration even within 15 (fifteen) calendar days, in which case the Order will be rejected. 
 

3.10    Delivery. We will provide the ordered Service by allowing you to use it to the extent according to the confirmed Order. The start of the provision of the Service means the delivery of the Service. PHIVIO reserves the right to reject any Order for any reason. There is no automatic legal right to the provision of Services. In any case, however, we will try to contact you and resolve the situation together to mutual satisfaction, if possible.
 

3.11    Pointing out defects. You can check the provided Service and complain about its defects in writing by sending an e-mail to our contact e-mail address within a reasonable time, at the latest within 3 calendar days from the beginning of the provision of the Service in its paid version. However, we have agreed that the Service is only defective if it does not match what we agreed to in the Order. In the e-mail, state to which profile the defect applies (if you have ordered several Services from us) and what you see it in. If you do not do so, your rights and claims from liability for defects expire. We will remove any defects by repairing them or by supplying a replacement Service (but without the Trial period) during which the defects do not appear, within a reasonable period of time, which it is usually not shorter than 30 working days. We will inform you about everything. In cases where the defect is irreparable through no fault of ours, we are not responsible for it. Liability for defects is otherwise governed by the relevant provisions of the Commercial Code if our customer is not a consumer (see Article 16 of the Terms and Conditions). The Service is free of defects unless you notify us within the defect notification period that the Service has defects.
 

3.12   The obligation to deliver the Service is considered fulfilled even if the Specialist does not log in to the Portal after the (first) completion of registration. For the purpose of delivering the Service according to these Terms and Conditions, the delivery of the Service is carried out by enabling the customer to access the Portal to its full use (access to the Service) by allowing him access (a link sent to complete the registration to enter the Portal). In the event that the Specialist does not complete the registration (by clicking on the activation registration link that we send to complete the registration) even within seven (7) calendar days from the sending of such an e-mail, we have the right to withdraw from the contract without further notice (this is our right, not an obligation).
 

3.13    During the Trial Period, we will send you notifications to your contact e-mail that the end of the Trial Period is approaching and that you will soon have to pay for the Service. As a rule, I will send you these notifications once a week during the last month of the Trial Period. On the last day of the Trial Period at the latest, we will send you an invoice in accordance with Article 7 of the Terms and Conditions.
 

3.14    PHIVIO is entitled to deliver the Service even before the expiry of the time set or assumed for delivery in accordance with the Agreement or these Terms and Conditions.
 

3.15   We are not responsible for (i) late delivery of the Service or (ii) late delivery of an e-mail with a link to complete the Specialist's registration, caused by an incorrectly entered address of the recipient (your incorrect e-mail) and/or for non-delivery due to capacity reasons of the e-mail box Specialist or mailbox belonging to the e-mail entered by her/him.
 

3.16   PHIVIO provides Services mainly within the countries: United States of America. If a potential customer is interested in purchasing the Service to a country other than that stated, please contact us: info@phivio.com.
 
3.17   Repeated delivery. If for reasons on the part of the customer (Specialist) it is necessary to deliver the e-mail repeatedly in order to complete the registration, we will be happy to send it to you repeatedly (but at most one replacement delivery, then we reserve the right to withdraw from the contract or cancel the Order, as far as that the Specialist does not insist on delivery).
 

3.18   Repeat registration. In the event that the Specialist has prematurely terminated the contract for the provision of the Service within the Trial Period and concludes a new contract for the provision of the Service with us within 9 (nine) months from the date of termination of the first contract, it is considered that the Specialist has repeatedly registered and in such case he no Trial Period is provided and he is obliged to pay the Price for the Services from the completion of registration on the Portal, which the Specialist accepts and undertakes to comply with.
 

3.19   Phivio App. It represents a mobile application that can be downloaded and used on a mobile device as described in the definition of this term. The purchase of the Service for the exclusive use of the Phivio App is not possible due to the nature of this application - if the Specialist (or customer in the sense of the Terms and Conditions) wants to use the Service, he is obliged to conclude a contract with us on the provision of the Service according to these Terms and Conditions and, in order to use the Service, proceed in in terms of these Terms and Conditions (in particular, registration of a Specialist, creation of a Profile, compliance with the Portal Rules, payment conditions, and others). In order to use the functionalities in the Portal, intended for Patients after their registration in the Portal, it is necessary to register in accordance with the Business Terms and Conditions on the Portal. In the event that PHIVIO enables the registration and editing of Specialist Profiles through the Phivio App, PHIVIO will inform the Users about this. For procedures, steps and overall behavior in the Phivio App interface. these Terms and Conditions apply accordingly, as they are established for the use of the Portal, to which the Users agree. Claims, penalties and sanctions for violations are binding and applied in the same way as in the case of violations foreseen by these Terms and Conditions for the use(s) of the Portal (especially, but not exclusively, compliance with the Portal Rules) - as we stated. By remaining in the Phivio App and/or on the Portal, the User agrees and undertakes to comply with these Terms and Conditions in their entirety as well as each of their individual provisions. For information on the processing of personal data in connection with the Phivio App, please read the Notice on the processing of personal data.

4.1      The portal is accessible to both Users and Specialists. Users who are not Specialists (or are not interested in concluding a contract for the provision of Services) have two options: (i) not to register on the Portal, (ii) to register on the Portal in the Patient section. In both cases, Users are required to familiarize themselves with, observe and accept the Rules of the Portal (in particular, but not exclusively, the Terms and Conditions, Notice on the processing of personal data, Phivio's Rules of Use). Each User is responsible for the truthfulness, completeness and error-free data provided during registration to the Portal.
 

4.2      A User under Article 4.1 (i) who does not register shall have access to the freely available part of the Portal. A User under Article 4.1 (ii) who registers in the Patient section shall have access to the freely accessible part of the Portal, as well as access to the Portal, where she/he may use the Patient services (see Article 6 of the Terms and Conditions).
 

4.3      For the avoidance of doubt, articles 5.3, 5.4, 5.5 of the Terms and Conditions also apply to the User - Patient accordingly.
 

4.4      If you wish to delete the Patient's profile from the Portal, please proceed as follows: My profile – My profile – Delete account and confirmation of permanent account deletion.

5.1      Full access to the Portal and use of the Service requires registration of a Specialist in accordance with Article 3 of the Terms and Conditions.
 

5.2      When registering an account in the Portal (i.e. as well as when entering an Order or Custom Order) and making a payment for Services or For customized services, the customer undertakes that all data is true, complete and correct, and that he has all the authorizations for the proper use of the Service and the Portal and will comply with the Portal Rules. 
 

5.3      If we reasonably suspect that a person - a potential customer (who is interested in becoming a customer) or a customer impersonates someone else, or creates false (so-called fake) user accounts (i.e. accounts from which posts are spam, and / or which are created by another person for a customer against whom repression has been applied according to Article 14 of the Terms and Conditions), a user account that in any way violates the rights and/or legitimate interests of a third party, in the event that it violates any of the Portal Rules, we reserve the following rights:
5.3.1      the right to temporarily or permanently prohibit the registration of a user account in the Portal, and/or
5.3.2      the right to temporarily deny access to such a person to the Portal (without deactivating or canceling the user account), for the time necessary to verify the offending situation and its (non) compliance with the Portal Rules and/or
5.3.3      the right to cancel and delete the user account of such person in the Portal, and/or
5.3.4      the right to deactivate the user account of such a person in the Portal for the time necessary to verify the infringing situation and its (non)compliance with the Portal Rules.
 

5.4      The user account is non-transferable. The customer is obliged not to make her/his user account available to a third party. The customer is obliged to protect his access data to the user account. In case of unauthorized use of the user account, please inform us immediately. The customer is responsible for introducing any content into the Portal environment as well as for the related consequences. 
 

5.5      Access data and protection. The customer is not recommended to publish the password to the user account on the Portal - we are not responsible for misuse. However, we would like to ask you to keep your access data to the Portal confidential, not to disclose or make them available to third parties and to protect them from misuse, disclosure or unauthorized access. If you suspect that your access data (including password) have been stolen, misused or you suspect that they have been used by an unauthorized person, immediately inform us of the situation and we will temporarily block the user account until the situation is resolved.

6.1       The specification, description and details of the Service are always listed in the valid Price List (https://www.phivio.com/price-list). These are Services provided by Specialists on the Portal. Users who are not registered (Article 4.1 (i) of the Terms and Conditions) as well as registered Users - Patients (Article 4.1 (ii) of the Terms and Conditions) have the opportunity to use the options of the Portal according to Article 6.2 of the Terms and Conditions, otherwise the options that the Portal currently provides to the Users and are not intended exclusively for Specialists by their nature.
 

6.2       Options for using the Portal - unregistered User: 
6.2.1      access to the freely available part of the Portal via www.phivio.com
6.2.2      viewing the text and content available in the freely available part of the Portal Access to the freely available part of the Portal via www.phivio.com
6.2.3      possibility to search for Specialists presented on the Portal.
 

6.3       PHIVIO will provide the following options and services on the Portal (in general):
6.3.1      providing the possibility of spreading content, knowledge, information, performances and interventions, activities and services of experts in connection with the purpose of the Portal (Clinicians, Doctors, Experts), and their availability on the Portal for registered and unregistered Users as determined by PHIVIO (service intended for Specialists)
6.3.2      functionality for searching the profile of Specialists and information from Specialists (relating to the Clinic, Doctor, Expert) and the services provided by them in the medical field (especially in the field of aesthetic medicine and plastic surgery, in the field of body beautification services, etc. in connection with the purpose of the Portal) (service intended for Patients and Specialists),
6.3.3      the possibility of providing references - information, experiences of users (reviews, ratings or patients' experiences) - Patients and forum management, in which registered Users can provide their personal experiences about Specialists in the performance of their activities provided directly to the given Patient (a service intended for Patients),
6.3.4      the possibility of subscribing to the newsletter and / or sending information about news in the field of health care provision, aesthetic medicine and plastic surgery, and in the field of services related to body beautification and / or questions related to the provision of these services (everyone).

6.4       PHIVIO will provide Services on the Portal exclusively for Specialists:
6.4.1      creation of a Specialist account (for Clinic profile or Doctor profile or Expert profile) – space on the Portal for creating a comprehensive profile, accessible to Portal Users, who can then express interest in the procedures and procedures presented by you (health care, especially aesthetic medicine and plastic surgery services, services related to body beautification), while the profile is created for the purpose of visibility, obtaining ratings, reviews or patients' experiences from Patients and the overall presentation of the services of the Specialist (and/or Doctor/Expert) and offering consultation activities, and her/his search on the Portal,
6.4.2      access to the Specialist profile created by you in the Portal's internal interface after entering access data to edit the profile and use it,

all in accordance with these Terms and Conditions. 

6.5       Search and search criteria for Specialists. As part of the functionality of the Portal, PHIVIO provides the possibility to search between Specialists (Clinics, Experts and Doctors), while the search filter allows the User to enter the following categories: area of ​​operation, place of operation, selected interventions, price and similar. The ranking of the search results is derived from the number of positive reactions to the Specialist (or Expert/Doctor), while the person with the highest rating is displayed first.
 

6.6       Patient reviews, ratings or patients' experiences. The option of evaluating a Specialist (Clinic, Doctor, Expert) is given exclusively to Patients. However, the rating, review or patients' experience must meet the following criteria, otherwise it will be deleted from the Portal without prior notice and the Patient will be subject to sanctions similar to Article 14.7 of the Terms and Conditions, while the procedure for reporting a violation of this point will be based on the rules for reporting a violation of the Portal Rules (Article 14.6 of the Terms and Conditions):
6.6.1     a review, rating or patients' experience is considered a personal experience with a procedure, performance and/or other service in the area related to the purpose of the Portal, provided to the Patient by a Specialist (Clinic, Doctor, Expert)
6.6.2      the review, ratings or patients' experience must be written by the Patient truthfully, unadorned and as objective as possible, although it is a subjective experience of the Patient
6.6.3      the review, rating or patients' experience must not contain lies, misrepresentation of facts, defamatory, insulting and/or vulgar statements and the Patient will not act in a manner (or omit to act in a manner) which would fulfill the substance of any criminal offense and/or commit an offense under the laws of the United States of America as well as the Slovak Republic, will also refrain from immoral, unethical and impolite ways of communicating and presenting their opinion on the Portal.
 

6.7       Basic obligations of Portal Users. Each User undertakes to comply with the following basic obligations to PHIVIO:
6.7.1      use the Platform in accordance with the Platform Rules and refrain from any illegal and/or unauthorized conduct, or conduct contrary to the provisions of these Terms and Conditions, the Notice on the processing of personal data and/or the Phivio Rules,
6.7.2      not cause damage to, disable, overburden or degrade the Platform and not prevent its normal use or operation,
6.7.3      not to interfere or violate the access level (even at the attempt stage), it is forbidden to improperly manipulate data, duplicate or export data or information protected by intellectual property rights or other legal rights and legitimate rights and interests of third parties, attempt to access restricted areas of computer systems to PHIVIO or third parties, introduce programs, viruses or any other devices that create or may create changes in the computer systems of PHIVIO or third parties,
6.7.4      become familiar with and master the technical and legal requirements and requirements necessary for proper access and use of the Platform, which may include downloading certain computer programs or other logical elements to their computer devices if the Service or the Portal's capabilities require it, 
6.7.5      not to use, publish, make available, copy or provide to third parties in any form the content of the part published on the Platform or any part thereof or any information about PHIVIO (which is not publicly available) without the express and demonstrable written consent of PHIVIO given in advance,
6.7.6      not to damage the reputation of PHIVIO in any way, nor to carry out any activity, review, rating, patients' experience and/or comment that could damage the reputation and good name of PHIVIO without a valid reason based on legal regulations.

7.1      The current price list and description of the Service is always available at www.phivio.com/price-list (also "Price List" in the text). If there is a discrepancy between the information about the Service in the Price List and the General Terms and Conditions, the Price List applies.
 

7.2      PHIVIO is not a VAT payer. If it becomes so, it undertakes to inform customers about it in an appropriate way (by e-mail or through publication on the Portal). In the event that PHIVIO will be a VAT payer (according to § 4 of the VAT Act - zákon o DPH), Article 7.3 of the Terms and Conditions shall apply. If the company PHIVIO is not a VAT payer (according to § 4 of the VAT Act), the following applies: Prices are listed as final. The seller will always inform about the prices on the website in a clear, specific and comprehensible way. 
 

7.3      In the event that PHIVIO becomes a VAT payer: All prices are shown without VAT. The amount will always be added to the price according to the currently valid VAT rate for those payments where VAT is applied. Currently, the VAT rate is 20% of the price of the Service - we will always give you the exact price, the VAT rate as well as the final price including VAT in the relevant tax document (invoice) and in the case of an Individual order, it will be pre-calculated in its text.
 

7.4      The prices for the Services essentially do not include postage or any other fees or costs related to the delivery of the Service, given the nature of the product. If the situation were to change in accordance with applicable legal regulations and additional taxes, duties or other fees would be required to be paid, you will be responsible for their payment. The price of the Service is stated in US dollars (USD).
 

7.5      Any additional discounts that are provided beyond the discounts listed for individual Services on our website, individual discounts for the customer or discounts provided based on the cooperation of our company PHIVIO with third parties, cannot be combined with each other, unless otherwise stated. If you find a promotion on the price of a Service on Phivio portal, it is valid only when the specified quantity, the specified type of Service is purchased and in accordance with the conditions of the given promotion, and always only in case of compliance with the payment of the price for such Service.
 

7.6      PHIVIO is entitled to withdraw from the contract with the customer (usually the Specialist) if the Specialist does not pay the total price of the product(s) (ordered Services) (price of the product and VAT, if PHIVIO is a VAT payer) even within seven (7) days from the due date of the invoice, even without further notice or invitation.
 

7.7      The service is made available to the Specialist immediately after registering on the Portal after concluding the contract. The Specialist can use the Service free of charge during the Trial Period, after which the Service is charged according to the Price List. The service is accessible to the Specialist in terms of the length of the purchased commitment period, usually one (1) year from the date of registration on the Portal. For automatic extension, see Article 11.4 of the Terms and Conditions.
 

7.8     Price change. The seller (Phivio) reserves the right to change the price and type of products (Services). The offer of Services for sale may be withdrawn at any time. However, the price change will no longer have an impact on binding orders for which we have sent the Specialist an e-mail confirming the order of the Service.
 
7.9      By registering on the Portal and clicking the "COMPLETE REGISTRATION" button, the Specialist acknowledges that he has placed an order with PHIVIO, for which he will be obligated to pay in accordance with these Terms and Conditions and the terms of the valid Price List after the Trial Period has expired. At the same time, you commit to us that you have the right to make the payment method you choose, i.e. that the payment card used to pay for the order is yours or that you have the right to use the funds allocated to the account to which the card belongs, or have funds in the account from which the price for the Service is paid and that the given account is the account of the Specialist.
 

7.10   You are obliged to pay the price for the Service on the basis of the invoice (tax document) issued by us after the end of the Trial period in its due date. The tax document will be handed over to you (delivered electronically) by e-mail to the e-mail address you entered during registration (or when agreeing on an Individual order). The method of invoicing is governed by the relevant legal regulations on accounting. If the document is missing, please inform us as soon as possible by phone or to the e-mail address specified in point 2.4 of the Terms and Conditions.
 

7.11   The price for the Service is paid by transfer to the account specified in point 2.2 of the Terms and Conditions. The due date of the invoice is 14 calendar days, unless otherwise specified. The price is considered to have been paid in full on the day it is credited to PHIVIO's account.
 

7.12    Currently, payment by transfer is only possible on the basis of an invoice issued by us, or payment by payment card online (by card through the portal). By providing the e-mail contact, the Specialist also gives consent to the sending of invoices (and any other accounting and tax documents) electronically.
 
7.13    If there is any problem with your payment, please contact us by e-mail or by phone. We understand that there may be a situation where you need a longer time to pay the invoice - if such a case should arise, please contact us in advance and together we will find a suitable solution to the situation. In the event that there is a problem on our side, we will also inform you.

8.1      If you are not interested in the type of Service currently offered in terms of the Price List (for example, you are interested in a longer commitment, a solution for individual functionalities, etc.), please contact us via e-mail with a request for an individual order (in the text also "Custom Order").
 

8.2      In the Custom Order, please include all the details as we require for the Order, but include the specifics you are interested in and send it to us. We will assess your custom-made order within 15 calendar days from the date of its delivery and (i) if necessary, we will contact you to specify your requirements and specify the possibilities of the Portal and Profiles, or (ii) we will approve the custom-made order by sending an acceptance e-mail and then send it to you also an access link to the Portal for the needs of using your tailor-made service.
 

8.3      In the case of the procedure according to 8.2 point (i), we will send you a binding price offer for your approval, which will also include a timetable for preparing the tailor-made service for you and making it available through the Portal. If you approve the binding price offer by sending a confirmation e-mail within 2 (two) calendar days, it is considered approved, and a contractual relationship is established between us based on it. Subsequently, as a rule, within 48 hours, we will send you a link for registration and access to the Portal. The tailor-made service is provided by us at the moment of enabling your entry to the Portal (the moment of delivery of the link for entry, according to this point 8.3 of the Terms and Conditions). Services provided on the basis of an agreed Custom Order are custom services.
 

8.4      You can check the provided Custom-made Service and its results and criticize their defects in writing by sending an e-mail to our contact e-mail address in accordance with point 3.11 of the General Terms and Conditions, which is applied mutatis mutandis.
 

8.5      If, as part of updating the Portal or its functionalities, there would be costs for updating the interface of the part of the Portal that is related to the provision of the Custom Service and its functionalities, and which would mean increased costs beyond the scope of updating the Portal for the provision of regular Services (i.e. not Custom Services), the update with a will be considered a paid service and the customer with whom we concluded a contract according to point 8 of the General Terms and Conditions can order it from us. You will be informed in advance in writing via e-mail about the amount of the service according to this point 8.5.

8.6. Custom order in the form of Advertising and Sponsored Content may take various forms, including, but not limited to:

• a) Graphical advertising elements (e.g. banners, big banners, skyscrapers, sticky banners),
• b) Pop-up or overlay advertisements (so-called pop-up, pop-under, overlay),
• c) Text or native advertisements that are visually or contentally integrated into the structure of the site,
• d) Advertising in newsletters, which may contain links, product recommendations or banners,
• e) Audiovisual content (e.g. promotional videos, interactive spots, podcast entries),
• f) Behavioral or remarketing advertisements displayed based on a user's previous interaction,
• g) Partner and affiliate links that may generate a commission for the operator.

8.6.1. Each form of advertising will be clearly marked as "advertising", "sponsored content" or in another appropriate way so that it is clearly distinguishable from editorial or editorially processed content.

8.6.2. The Operator reserves the right to decide on the placement, form, duration and content of advertising, in accordance with applicable legal regulations and the Portal's Terms and Conditions. The Advertiser is responsible for the truthfulness, legality and integrity of the advertising materials provided.

8.6.3. Technical limitations and consent of Portal users. The use of some forms of advertising (in particular behavioral advertising or advertising via cookies) may be subject to the express consent of the user in accordance with applicable legislation on the protection of personal data and electronic communication.

9.1      The portal can be used on a computer or mobile device. For the purposes of registration to the Portal from the point of view of technical security as well as the use of the Service, you need to have access to the Internet and a functional Internet browser in current versions (Google Chrome, Mozilla Firefox, Safari, etc.). It is therefore necessary to have at least the following equipment:
9.1.1         computer or mobile device (mobile phone, tablet) with Internet access; 
9.1.2         an updated Internet browser, in which the following functions must be enabled at least: javascript and cookies; 
9.1.3         PDF document viewer
9.1.4.        email address

9.2      During the provision of the Service (including the possible fulfillment of the Custom-made Order - Custom-made Services), you undertake to provide us with all cooperation, in particular to cooperate with us, to respond in time to our messages or questions, to provide us with all materials and information that we request and that we will provide We need the services, always without unnecessary delay, but no later than 2 calendar days from our request, unless the nature of the cooperation requires faster action. If you do not provide us with the necessary cooperation, or you provide with a delay, we are not in arrears and all deadlines for our performance are extended by a time appropriate to the nature of the performance, which will have to be performed late as a result of your delay, but at least twice the time during which you are in arrears with providing cooperation.
 

9.3      Based on the need to operate the Portal and ensure the proper operation of the Service, we will, at our discretion, update the Portal as a whole, or some of its functionalities. These updates are automatic and cannot be declined. If it is necessary to temporarily shut down the servers on which the Portal is located for a period longer than 24 hours, we will inform you in advance. (see also Article 9.9 of the Terms and Conditions).
 

9.4      In the event that (i) PHIVIO decides to charge for some of the updates and/or (ii) to charge for some functionalities, it will always inform customers about this in advance in a suitable way (especially by publishing it in the Price List section). In the event that the customer does not agree to the charging of the update or any of the elements, he has the option to terminate the contract with one (1) month's notice, which runs from the first day of the following calendar month in which the notice of termination was delivered to PHIVIO. In this case, the aliquoted part of the Price will be returned to the customer.
 

9.5      PHIVIO regularly backs up the data published on the Portal. However, we cannot guarantee the flawlessness of the process of backing up and storing the data and content entered by you. We cannot rule out the situation that as a result of an unforeseen action (failure to act) or another damaging event, the data entered by you will be damaged and that the data entered by you will be damaged, deleted or no longer available.
 

9.6      Do not forget to always inform us at least 7 calendar days in advance about any advertising and marketing campaign that may cause excessive or disproportionately high traffic to your profile. There may be a situation where the Portal will not be able to accommodate a large number of visitors and will not show signs of functional operation. If you do not notify us in advance, we have the right to suspend the display of your Profile on the Portal if the excessive load limits the server on which the Portal is located, for an unavoidably long time in our opinion. In no case are we responsible for any damage, including lost profit, that you may incur in this connection.
 
9.7      We at PHIVIO will always make every effort to ensure that the Service provided by us always functions as it should, especially flawlessly, from a technical point of view. However, the portal is only technology and our company is also made up only of people, which is why there may be a temporary outage of the Service, or its unavailability, loss of access to it, unspecified technical failures, or errors in the display of posts. We will always try to resolve the situation as soon as possible. However, we do not guarantee flawless and continuous functionality of the Portal, and we are not responsible for any interruption or termination of the possibility of using the Services in the Portal. The reasons for the outage can also be maintenance or updating, but also an unexpected failure.
 

9.8      We will inform you in advance about outages that we can plan. We will inform you about outages that we did not know or could not foresee in an appropriate way, without unnecessary delay, as soon as we learn about them and after the elimination of the reasons for the outage has started - by e-mail or in the Portal interface.
 

9.9      If the outage caused by us lasts longer than 24 hours, we will provide you with a price discount in the amount of the aliquot part of the total number of hours of provision of the Service in the month and the duration of the outage. Apart from this discount, however, we will not pay you any further compensation and you are not entitled to any compensation, which you agree with.
 

9.10   If you discover that the Service has stopped working, please contact us by phone at + 421904 422 226 or by e-mail at info@phivio.com. The first free worker will answer you on weekdays from 9:00 a.m. to 3:00 p.m. and on weekends from 10:00 a.m. to 3:00 p.m., otherwise on the first following working day after the weekend. An e-mail sent by us to the e-mail you entered is considered delivered at the moment of its sending.
 

9.11    The order of solving possible outages, problems and defects is determined by their urgency - the most serious ones will be removed first. At the same time, we will try to resolve them within a period appropriate to their degree of seriousness. Defects, outages and/or problems are considered resolved when:
9.11.1   their cause will be resolved and they will cease to occur,
9.11.2   we will restore the Profile on the Portal to the last functional state from the e
9.11.3   we will also provide you with instructions for how to use the Service, following which the problem does not occur or
9.11.4   We will inform you that the problem was caused by a cause on the part of third parties.
 

9.12    The Customer acknowledges that the functioning of the Service depends on the proper functioning of third-party services and technologies (Internet connection provider, electricity provider). We cannot influence the continuity and quality of the delivery of services by third parties, and therefore if the Service does not work due to an error that cannot be attributed to us, we will not be held responsible for it and you will not have any claims.

10.1      By registering in the Portal, the customer grants free of charge, unlimited time and space a) consent to the use of the likeness, image, written, visual and audio-visual expressions of the customer as well as other expressions of a personal nature, which he places in the Portal area, b) a license (sublicense, if the author is a person different from the customer) to publish the author's work, or other content protected by the Copyright Act and applicable law, if the customer's contribution contains it, c) a statement that the customer is the author of the work, or other content of the contribution protected by the Copyright Act and applicable law, or that he obtained an authorization (license) from the author/s of the work to use the work, including the right to grant PHIVIO a sublicense; and that in this work or the works or other rights of other persons or their parts have not been used in any way in the other content of the contribution, and that PHIVIO will not suffer any damage or other harm by publishing the work or other content of the contribution in the Portal, and in the event that this happens, the customer undertakes to pay such damage and to compensate the damage in full for the benefit of the person who incurred it. The customer undertakes not to publish on the Portal any works or their parts, likenesses, written, visual and audio-visual expressions of third parties, or any expressions of a personal nature that could in any way violate and/or damage the rights and/or legitimate interests of third parties. Specialists undertake in no case to violate medical confidentiality in relation to their patients, or patients of their individual Doctors. PHIVIO is not responsible for the content entered by the Specialist into the Portal environment - the Specialist is responsible for it. Specialists undertake to publish on the Portal only content that they have the right to publish. The publication of any content on the Portal by any person other than PHIVIO does not entitle that person to any remuneration or reimbursement of costs, even if the person in question has published content owned by a third party.
 

10.2      The Customer acknowledges that PHIVIO is entitled to retain the Customer's Contributions, even after the Customer has canceled their user account (or their account has been canceled by PHIVIO or their use of the Service has been restricted), for an indefinite period (Notice this does not affect the protection of personal data, especially the rights arising from it).
 
10.3     We at PHIVIO respect the intellectual property rights of others and we ask you to do the same to which you, as customers, commit to us by using the Service (or Custom Service). PHIVIO may, under certain circumstances and at our discretion, terminate the use of the Service (or customized Service) and/or temporarily limit your access to the Portal if you have violated and/or threatened our intellectual property rights, others, or other rights and legitimate interests third parties, or deactivate or completely cancel your user account, at the option of PHIVIO.
 

10.4      If any person believes that their work is the subject of copyright and/or trademark infringement and appears unauthorized on or in connection with the Portal, or in any other way there is unauthorized interference with the rights and legitimate interests of a third party, we ask such person - provide us with relevant information about the given situation at: info@phivio.com
 

10.5      In their contributions, no one may publish content protected by the rights of third parties, in particular copyright, personality rights, rights to trademarks, patents, designs, rights violating trade secrets, etc., without the consent of the authorized person, given in writing and demonstrably in advance. In the event that he will publish any content that requires citation or paraphrase and indication of the source, everyone is obliged to do so whenever he undertakes to do so. PHIVIO is not responsible for the content of contributions and infringement of the rights of third parties.
 

10.6      Our customer (i.e. the person who has concluded a contract with us) undertakes that on the Portal or in connection with the establishment of his user account on the Portal and/or in any connection and connection with the company PHIVIO:
 

10.6.1      will not provide services and/or offer those for the performance of which it does not have a valid and effective authorization according to the rules of the state in which it operates, 
10.6.2      will not promote the provision of services and/or offer them, nor promote goods and/or offer them for sale, which are not permitted to be offered and/or sold in the Portal - the prohibited include in particular, but not exclusively, the offer for sale of the following goods and/or services: sale of drugs, erotic aids, provision of goods and services, the offer for sale, sale and/or provision of which is punishable under the regulations of the United States of America and the Slovak Republic (pornographic material, prostitution, etc.), products of multi-level marketing, maternity milk, infant formulas, open packages, damaged goods), products infringing intellectual property rights (such as copies of books, burned CDs, substitutes for branded goods or performances, etc.).In the event that anyone promotes products and/or services for which they are not authorized to sell/provide, or their sale is prohibited according to the regulations of the United States of America and the Slovak Republic, or their sale is tied to a specific authorization or a specific method of sale, such action is prohibited, and for violation of the Rules of the Portal. The specialist who has committed an unauthorized act according to this point will be informed about the violation of the Portal Rules and the resolution procedure will be followed, similar to the resolution of reporting a violation or threat to the Portal Rules.
10.6.3      will not act in a way (or omit to act in a way) that would fulfill the essence of any criminal act and/or commit an offense according to the legislation of the Slovak Republic, and will also refrain from immoral, vulgar, unprofessional, offensive, unethical and impolite ways of communication and presentation its services and the results of its intellectual property on the Portal,
10.6.4      tolerates legitimate (reasonable) criticism from users in the reviews, ratings or patients' experiences section,
10.6.5      will not send or publish messages with inappropriate content, deceptive, harmful, violating good morals, or content that could in any way threaten or damage the rights and legitimate interests of PHIVIO and/or any third party, 
10.6.6      will not disseminate methods, procedures and promote services, performances and interventions that contradict the achieved level of professional knowledge and that could be labeled as quackery,
10.6.7      will not advertise performances, services or interventions for which he does not have a valid and effective authorization according to the rules of the state in which he carries out his medical (professional) activity, or activity in the sense of a validly granted license or authorization, 
10.6.8      will not act in any way contrary to the regulations of the United States of America and the Slovak Republic.
 

10.7      The portal, its solutions as well as some texts, graphics, images, audio-visual versions, likenesses and other objects of intellectual property may be protected by copyright, respectively. other intellectual property rights. This is our content, which remains our property and we do not grant you any rights to it, except for those for the peaceful use of our Services by you within the Portal environment - for such use we grant you a non-exclusive authorization, limited in time to the duration of the contract between us. You are not entitled to assign or transfer our content or any authorization to any third party, not even by way of license or sublicense.
 

10.8      Our content (or any elements of our intellectual property) may not be reproduced, expanded and/or made available or provided to third parties in any way without our written consent demonstrably given in advance. You may not modify, change, supplement, combine with other content, or create other works or parts thereof based on the given content (or intellectual property elements). The price for the authorization according to this article is included in the price for the Service for which the authorization is granted, for the period to which it applies.

11.1      Before completing registration. If you wish to cancel your Order, which has not yet been processed (i.e. before the delivery of our acceptance e-mail with a link to complete the registration), please do not click on the link sent by us to confirm the registration to the Portal and contact: info@phivio.com. The above applies to both Specialists and Patients. We will consider your Order as irrelevant if the link and registration completion is not clicked and the registration is completed even within 72 hours of its sending.
 

11.2      Termination at the time after registration is complete and within the Trial Period. The company PHIVIO allows you (Specialists) to try using the Portal without having to pay (as the rate for the given months of the Trial period is USD 0.00), during the Trial period. At any time during its duration, you are entitled to withdraw from the contract for the provision of Services that you concluded with us, by filling out and sending the form and delivering the withdrawal notice to info@phivio.com no later than the last day of the Trial Period. To deactivate and/or delete a profile, follow point 3.1 or 3.3 of the Terms and Conditions. If you do not perform the deactivation or deletion yourself, we will deactivate your profile after proper delivery of the notice of withdrawal according to this point.
 

11.3      Patients have the opportunity to delete their profile at any time - to delete a profile, use the procedure according to point 4.4 of the Business Terms and Conditions.
 

11.4      Termination of the contract for the provision of the Service after the end of the Trial Period. The Customer (especially the Specialist) acknowledges and agrees that the provision of the Service is always bound for a period of one (1) year from the date of expiry of the Trial Period, unless otherwise agreed between us, with automatic prolongation. 
 

11.5      Your obligation to pay for the Services will begin automatically immediately after the Trial Period expires. The price is set as an annual fee. The price is charged as a one-time flat-rate fee determined at the time of delivery of the Order to us, in a one-time total amount including applicable taxes.
 

11.6      It is possible for you to withdraw from the Agreement during the Trial Period - after it expires, you can only terminate it by giving notice (i.e. withdrawal is excluded for you). During the course of the paid version of the Service, the Specialist may terminate the contract for the provision of the Service by sending a notification to info@phivio.com or by filling out and sending a form to info@phivio.com. To delete a profile, follow point 3.3 of the Terms and Conditions. If you do not delete it yourself, we will deactivate your profile after proper delivery of the notice according to this point. If you cancel after the end of the Trial Period, payment for the Service (including taxes) will be non-refundable and the Service, unless otherwise stated (11.4), will be provided until the end of the contract period (in the event that your account is deleted on your part, the Service is considered to be provided until the end of the contractual period). 

11.7      In the event that you are entitled to a refund according to these Terms and Conditions or legal regulations, we will return the money to you without undue delay, but no later than within 30 days in the same way that you used for your payment, unless we agree on a different method of return without giving you additional fees were charged. In the case of payment by card (VISA, MasterCard), this period may be extended, due to the bank's procedure for returning money from card payments.
 

11.8      At the same time, we reserve the right to cancel your order, or We withdraw from the contract for the provision of the Service if we are unable to deliver it to you due to unavailability (withdrawal from the offer) or if, despite making all efforts, we are unable to deliver the Service within the agreed time or price, and/or securing the product would cause us undue hardship and disproportionate expenses in proportion to the value of the ordered Service, unless we agree with you on alternative performance. We will inform you immediately about the cancellation of the order by phone or e-mail. In case of payment of the price or part of it, the funds will be returned to you without undue delay, but no later than within 30 days to the account from which you paid, unless we agree otherwise.
 
11.9      PHIVIO is entitled to terminate the contract also in case (i) if the Price has not been paid properly and on time in accordance with the Terms and Conditions, (ii) violation of the Portal Rules in accordance with the Terms and Conditions, (iii) as stated in the relevant parts of the Terms and Conditions , (iv) as well as without giving a reason (if the Terms and Conditions do not specify otherwise, we will return the Price to you).

12.1      When creating an Order, you can choose whether you want to receive regular information about news from us. You can choose to send the newsletter individually on the website by entering your e-mail address, or by clicking on the link in the e-mail we sent you. Of course, you can unsubscribe from the newsletter at any time. We will also inform you to your e-mail address about the processing of your Order, or Custom orders. If e-mails from us bother you, please write us an e-mail at info@phivio.com. Information on personal data protection can be found here: Notice on personal data processing.

13.1      PHIVIO is not responsible for:
13.1.1      delayed delivery of the product caused by an incorrectly entered address of the recipient (e-mail address),
13.1.2      content of the Specialist's user account (or any of his Profiles – Clinic Profile, Doctor Profile, Expert Profile), 
13.1.3      since we send accesses to the Portal via e-mail, we are careful about viruses and the correctness of the data sent, but we do not guarantee the flawlessness and flawlessness of the process,
13.1.4      for content in the Portal that we do not enter directly into it (Patient reviews, ratings, patients' experiences, etc.).
 
13.2      PHIVIO undertakes and reserves, among other things, the following:
13.2.1     to comply with the Price that was valid at the time the Order was sent to the customer, if the given amount was paid in accordance with the Order properly and on time
13.2.2      to deliver the Service in the quantity and quality according to the Order, provided that payment for the Service has been made as stipulated in the General Terms and Conditions
13.2.3      sending the payment document (invoice) by e-mail
13.2.4      when delivering the Service, provide the customer with instructions (step procedure) for logging into the Portal in English, if he requests it (otherwise by publishing it in the General Terms and Conditions)
13.2.5      in the case of a customer's request, to provide the customer with technical support (assistance) in creating a Clinic Profile and/or a Doctor's Profile and/or an Expert's Profile, by phone or e-mail
13.2.6      has the right to refuse to accept the Order, or Customized order, deactivate the customer's user account, temporarily limit the customer's access to the Portal or delete the customer's user account from the Portal as stated elsewhere in these Terms and Conditions.
 

13.3      The customer agrees to:
13.3.1      that she/he properly and on time pays the agreed Price for the Service (or customized Service),
13.3.2      checks whether a functional link for completing the registration is provided to her/him during the process of completing the registration,
13.3.3      comply with the Portal Rules,
13.3.4      and declares that she/he has all the rights and permissions to create and publish the content entered by her/him in the Portal (among other things: for the avoidance of doubt – the Specialist always has all the rights and permissions to create a Doctor/Specialist profile and publish information about the Doctor/Specialist).
 

13.4      By sending the Order, the Customer declares to PHIVIO that (i) she/he has familiarized herself/himself with the wording of the Terms and Conditions, the Notice on the processing of personal data, as well as the Portal Rules and undertakes to observe and respect them, (ii) she/he has familiarized herself/himself with the Price List, content and conditions of provision Services and with the amount of the total Price and accepts the given conditions and price. 
 

13.5      PHIVIO does not impose any obligations on the customer without a legal reason, nor does it deny her/him any of his rights.
 

13.6      PHIVIO will archive the contract in electronic form together with the relevant Terms and Conditions in accordance with applicable legal regulations.
 

13.7      The company PHIVIO reserves the right to verify the person authorized to act on behalf of the Specialist - for this purpose, you are obliged to submit, at our request, an extract from the commercial register of the Specialist usable for legal purposes, which will show the authorization of the person acting on behalf of the Specialist to conclude a contract with us for the provision of the Service , respectively power of attorney granted by the Specialist for that purpose. In the event that it is proven that the person was not authorized to conclude the contract with us, the acting person is bound by the act directly.
 

13.8      In the event that you do not fulfill your obligation to pay the Price for the Service properly and on time, we would like to inform you that we are entitled to assign the claim to a third party and/or entrust a third party with its collection. In the case of legal proceedings, you may incur additional costs, such as the obligation to pay interest on delay, to reimburse court costs and legal representation costs. Therefore, we ask you - if there is a problem with the payment on your side, contact us in sufficient time to our contact details and we will try to solve the matter amicably.
13.9      Non-cash payments are made to bank accounts - our bank account is listed in point 2 of these Terms and Conditions and always in our invoices - we will inform you in advance if it changes. If you are entitled to a refund of the Prize or part of it, we will send the amount in question to the account you used for payment, unless another bank connection is notified to us in advance (always, however, the business account of the Specialist).

14.1      Important notice and legal disclaimer: PHIVIO is not a clinic, doctor, psychologist, health center or pharmacy operator and definitely not a legal advisor. We do not provide medical (general or specialized), psychological, nursing services or counseling. Any information you learn on the Portal does not and cannot replace the services of doctors, medical personnel, psychologists, speech therapists, legal advisors or other experts. All the more so if it concerns any physical or psychological symptoms of any diseases or manifestations that may require professional, erudite examination or help. We cannot guarantee that any (even if well-intentioned) advice that you read on the Portal, even if it is listed under the Clinic, Doctor or Expert Profile, is the correct professional procedure in your particular case or a generally applicable medical procedure. We cannot guarantee that any other user of the Portal provides information that has real professional value and truthfulness, even if the user claims to be a doctor or other expert (although we make sure that non-experts are not on the Portal). Always seek real professional advice and help from trained staff and experts. We are each responsible for our own life and health and the life and health of our children - this also applies to the way of using the information that you obtain as a result of using the Portal or using its functionalities and information. If damages or other damages arise from any of your actions or omissions, we are not responsible for them. Our Portal exclusively creates space for the promotion and sharing of information, for the truthfulness, expertise, result or quality or availability of which we are not responsible or provide any guarantee. We are not responsible for the content or form of ratings, reviews or patients' experiences published on the Portal.
 
14.2      PHIVIO strongly warns every user about the need to comply with the Portal Rules. We are creating the Portal with an effort to create a space for Specialists (Experts, Doctors, Clinics) so that they can present the results of their activities, promote their services and publish contributions and articles on the Portal. Due to the fact that we cannot guarantee compliance with the Portal Rules by its users, nor for the legality, truthfulness, accuracy, comprehensiveness, completeness, timeliness, expertise or compliance of customer contributions in the Portal with the rules we have established (Portal Rules), we therefore bear no responsibility for any and all contributions made by any person on the Portal, including the promotion of the Specialists' services and their proclaimed results. We do not bear any responsibility for damage or other harm caused by relying on the content of contributions, nor do we bear any responsibility for damage or harm caused to the customer or a third party in connection with the use of the Portal and in connection with the use of any information from the Portal.
 

14.3      The company PHIVIO does not provide any guarantees, guarantees or confirmation of quality for any content and/or service offered (presented) by the Specialist. The Specialist is responsible for the services offered (presented) by the Specialist on the Portal, in their entirety (performance, conditions of execution, quality of the result, health complications, price and terms of delivery, performance defects and their services). PHIVIO is not a provider of services presented by Specialists or offered by them, which every User takes note of.
 

14.4      On the other hand, however, PHIVIO reserves the right to retaliate (14.7 of the Business Terms) against the customer who has violated or is violating any of the rules related to the Portal (Portal Rules) and its use (in particular, but not exclusively, violation or non-compliance with the rules set out in the text Portal Rules, these Terms and Conditions or any of its annexes or related documents, and/or the laws of the United States of America and the Slovak Republic). 
 
14.5      Further limitation of PHIVIO's liability:
14.5.1      Users of the Portal acknowledge and agree that under no circumstances is PHIVIO obligated to compensate the User (or any third party) for lost profits in the event of damage
14.5.2      Specialists acknowledge and agree that PHIVIO is under no circumstances obligated in the event of damage to the Specialist (or any third party) to compensate for lost profit, and the amount of compensation for actual damage is limited to the amount paid by the customer for our Services
14.5.3      we are not responsible for damage caused to a third party other than PHIVIO, caused (and/or arising) in direct or indirect connection with the provision of the Service (or customized Service) or the possibilities of the Portal, if the damage was caused and/or arose for a reason that we cannot be attributed (e.g. caused by you, force majeure)
14.5.4     we are not responsible for damage due to the closing of your local network and/or computers by viruses and/or attacks by third parties on your server, local network, unauthorized use of your computers, tablets, mobile phones and/or access to the Portal
14.5.5      we are not responsible for damage caused by improperly inserting content into the Portal and/or your incorrect procedure in the Portal interface (in case of technical problems, contact us)
14.5.6      we are not responsible for damage that was caused (arising) by the loss or damage of login data, failure to comply with PHIVIO's instructions when registering and entering content into the Portal, your technical interventions and modifications to the Portal beyond the scope of normal use, wrong content in the Portal that you entered, violation of rights intellectual property and/or other rights of a personal or property nature that you have caused to any third person by your actions (or omission to act), even as a result of force majeure.
 

14.6      You agree to indemnify us for all claims, damages or other harm and other costs (including the costs of out-of-court proceedings, legal representation, proceedings before courts or administrative and other authorities) that are brought against us by a third party due to a violation of the provisions of our agreement or these General Terms conditions (as well as the Portal Rules) on your part and/or on the part of another third party to whom you have allowed access to the Service and/or you have not prevented them from accessing the Service.
 

The recommended procedure for reporting a violation of the Portal Rules and related procedures for dealing with the matter
 
14.6.1      Anyone can report a suspected violation, violation and/or threat of compliance with the Portal Rules by email to info@phivio.com.
 

14.6.2      For reporting purposes, it is important to identify and briefly describe which specific contribution within the Portal is to be concerned with, possibly a comment on it, or other activity within the Portal, or in any other way draw our attention to a possible threat to compliance with the rules and/or a violation of the Portal Rules , it is important to indicate the identification of the infringing Specialist, or The user.
 

14.6.3      As a rule, within 14 calendar days of reporting a threat to compliance with the rules and/or violation of the rules, the operator of the Portal (We) will check compliance with the Portal Rules. The violator will be given the opportunity to comment on the violation/threat within 5 (five) consecutive calendar days from when we inform him of the procedure. If he does not express himself, he agrees with the information provided in the report of violation/threat of the Portal Rules.
 

14.6.4      In the event that we assess that compliance with the rules and/or a violation of the Portal Rules has been compromised, we will inform the notifier as well as the violator of the given fact. We will not disclose the whistleblower's identification to the infringer. 

14.6.5      In case of violation and/or threat of compliance with the Portal Rules, we have the right to choose the procedure according to 14.7 of these Terms and Conditions below. The violator will always be informed about which procedure is chosen against her/him, as well as about the specifications of the threat to the rules or the violation of the Portal Rules that he has committed.
 
14.6.6      Users undertake to observe and respect this Recommended procedure for reporting violations of the Portal Rules and related procedures for dealing with matters. For the avoidance of doubt, we state at this point that these procedures are applied in the event of a threat and/or violation of any of the Portal Rules.
 

14.6.7      we would like to warn users that in the event that we acquire a reasonable suspicion that the actions of any user within the use of the Portal resemble and/or could fulfill the essence of any criminal offense, we will consider the possibility of contacting the relevant law enforcement authorities in the matter to investigate the matter.
 

14.7      Repression. Repression by PHIVIO against the violator of the Portal Rules includes:
14.7.1      the first notice of violation and/or violation, and/or threat of violation of any Rule of the Portal, which for the violator means a warning and a call to refrain from such violating and/or threatening behavior, and/or
14.7.2      in the event that the repression according to point 14.7.1 has taken effect and another violation by the violator occurs within 6 (six) months from the repression according to point 14.7.1 - suspension of the use of the Service (suspension of the possibility to use the Profile on the Portal in the version for Specialists) for a period of one (1) week, and/or suspending the use of the Portal for Patients for a period of one (1) week
14.7.3      in the event that the repression according to points 14.7.1 and 14.7.2 has expired, unilateral cancellation of the user account of the infringer by us, and/or

14.7.4     in the event that the repression according to point 14.7.1 and 14.7.2 has taken effect and the repression has also occurred according to point 14.7.3, the prohibition of re-use of the Portal in the section for Specialists as well as for Users from us, regardless of whether you the given customer created a new user account in the Portal as a Specialist or registered as a Patient,
14.7.5      termination of the contract.
 

PHIVIO reserves the right to cancel the customer's user account and/or prohibit the customer's re-use and access to the Portal (regardless of whether it is the original user account or a new user account) also directly, i.e. without prior procedure according to 14.7.1 to 14.7.4 above. Please note that in the event of the use of any repression mentioned above, the customer is not entitled to a refund (of the price) or to a discount on the price in case of temporary restriction of access to the Portal (suspension according to 14.7.2).

14.8      The opinion of the Users presented in the Portal is not the opinion of PHIVIO, even if we share similar values ​​and opinions. There is always a possibility of being taken out of context, of misunderstanding, of applying an opinion to another situation. Therefore, we do not bear any responsibility for the contributions and any data provided in the Portal by customers (or any User), as well as for the consequences of the application of information from such contributions by any third party. The opinions and information presented in the Portal are opinions and information independent of the will of PHIVIO, and therefore we bear no legal or other responsibility for them.
 

14.9      We would like to inform you that it is not within our capacity to check the content of each post (content) in the Portal. Therefore, it is only allowed to make contributions in accordance with the Portal Rules, and PHIVIO is not responsible for the content of these contributions or for compliance with the Portal Rules.

14.10   Due to the fact that in the Portal we primarily focus on the presentation of professional performances, services and interventions, we strongly request customers not to include any personal or sensitive data, either about themselves or third parties, in their posts. Under no circumstances should you post any of your financial data (account number, account balances, card numbers, PIN) in posts on the Portal, please also do not publish anything about you that could knowingly or negligently expose you to any threat. Do not enter your ID number, passport number, birth number, or that of third parties. Our Users as well as customers are strangers to each other, so you have to be careful. For the protection of personal data, please also go to the section Notice on the processing of personal data.
 

14.11       Anyone who makes a contribution (any content) in the Portal is obliged to ensure its compliance with the applicable legal regulations of the United States of America and/or the Slovak Republic.
 

14.12       We reserve the right to control the way in which content you present when using the Service in the Portal, or content within the possibilities provided by the Portal, in particular, but not exclusively, to check the content of the content presented by you and the contributions presented, in order to comply with the Rules of the Portal. In the event that we detect a violation or threat to the rules, we reserve the right (among other things - see repression in this article) to delete your post or content in its entirety and/or delete the part in which you violate the Portal Rules, prevent the visibility of the post and/or content, and /or the possibility to comment on it, without further ado (especially without informing the User or customer of the given steps in advance). By making a contribution (or any content) to the Portal, the Customer agrees that PHIVIO is entitled to keep copies of the content and contributions.
 

14.13       At the same time, the company PHIVIO informs the Users (and those who, by using the Portal, agree to the above and confirm the above) about the following:
14.13.1      any information provided and/or made available on the Portal is not binding and has an informative nature, it is not a recommendation, an offer or a proposal to conclude a contract;
14.13.2      PHIVIO is not responsible and does not provide any guarantee to the customer for the continuous or error-free functioning of the internet portals, for links to other websites or for the speed of the internet connection used by the customer (or User);
14.13.3      the information provided in the product is current as of the date of its publication on www.phivio.com (in the Phivio Portal), while it may not be current as of the date of its delivery due to subsequent legislative changes to the relevant legislation. 
 
14.14       The customer, who is a consumer, is obliged to notify us without undue delay of all defects in the provision of the product according to these Terms and Conditions and to notify us without delay of all facts known to him that could adversely affect their provision by the seller in accordance with the Complaints Procedure (in Article 16 of the Terms and Conditions). The seller will remove these defects of the Service in accordance with the individual provisions of Article 16 of the Terms and Conditions) of the relevant law, if a purchase contract for the provision of the Service has been concluded between us and the consumer in accordance with consumer protection regulations.

15.1      These Terms and Conditions, as well as all their inseparable parts, become valid and effective on January 1, 2024.
 
15.2      PHIVIO will allow customers to familiarize themselves with the valid and effective wording of these Terms and Conditions, including their integral parts and attachments, always by publishing them at www.phivio.com/general-business-conditions. The potential customer is obliged to familiarize himself with the wording of these Terms and Conditions and all documents and information to which he refers, before concluding the contract.
 
15.3      Relationships not otherwise regulated in these Terms and Conditions, as well as in their integral parts and/or appendices, are governed by the relevant provisions of the legal regulations valid and effective in the territory of the United States and the Slovak Republic, in particular according to Act No. 513/1991 Coll. Commercial Code (Obchodný zákonník), as amended.
 
15.4      The seller (Phivio) has the right to change and supplement the wording of the Terms and Conditions, as well as its integral parts and annexes, at any time, without prior notification to the customer. If there is a change in the General Terms and Conditions, or any of their integral parts or attachments, the General Terms and Conditions (including the integral parts and attachments) that were published on the Portal website at the time the customer sent the Company's Order will be applied to the customer's purchase process PHIVIO.

 
15.5      These Terms and Conditions are an integral part of the contract concluded between PHIVIO and its customer, and are binding on both parties. Legal relations established by the contract will be governed by the provisions of the purchase contract (i.e. the binding order and order confirmation, or individually agreed terms), the provisions of these Terms and Conditions and relevant legal regulations. The provisions of the contract take precedence over the provisions of these Terms and Conditions and the dispositive provisions of generally binding legal regulations.
 

In Bratislava on 01.01.2024

Seller and operator of the Portal www.phivio.com:    Phivio s. r. o.

Name and function of the acting:      Mgr. Lucia Machová, manager

A.      Instruction on the responsibility of the seller (the company PHIVIO) for defects in goods or services according to general regulations
 

The seller hereby informs the customer (if he is a consumer) of the following:

16.1      The seller is responsible for defects that the sold item has when it is taken over by the customer.
 

16.2      The seller is responsible for defects that occur after taking over the item during the warranty period (warranty). The warranty period is 24 months. If the period for use is marked on the sold item, its packaging or the instructions attached to it, the warranty period does not end before the expiry of this period. Warranty periods start from the time the item is taken over by the customer (or a person authorized to take over on the customer's side).
 

16.3      At the request of the customer, the seller is obliged to provide a guarantee in writing (warranty certificate). If the nature of the matter allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.
 

16.4      If it is a defect that can be removed, the customer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay.
 

16.5      Instead of removing the defect, the customer can request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not incur disproportionate costs for the seller in view of the price of the goods or the severity of the defect.
 
16.6      Instead of removing the defect, the seller can always replace the defective item with a perfect one, if this does not cause serious difficulties for the customer.
 

16.7      If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the customer if the defects can be removed, but if the customer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects. The seller is never responsible for the lost profit of the consumer (since the consumer in the given position does not even act within the scope of his potential business).
 

16.8      If there are other non-removable defects, the customer has the right to a reasonable discount on the price. 

16.9      Rights from liability for defects are applied to the seller via the contact details in point 2 of the Terms and Conditions, as well as complaints and suggestions.
 
16.10       Rights from liability for defects of items for which the warranty period applies shall expire if they have not been exercised within the warranty period.
 

16.11       The time from the exercise of the right from liability for defects to the time when the buyer was obliged to take over the item after the repair is completed is not included in the warranty period. The seller is obliged to give the buyer a confirmation of when he exercised the right, as well as of the repair and its duration.
 

16.12       If there is an exchange, the warranty period starts again from the receipt of the new item. The same applies if a component that was covered by a warranty is replaced.
 

16.13       The buyer has the right to submit any complaint and/or suggestion to the seller at the contact details provided in these Terms and Conditions at any time. Complaints and suggestions against the seller can also be addressed by the buyer to the relevant supervisory authorities, or the authorities responsible for dispute resolution (alternative dispute resolution, court cases).
 

16.14       The consumer has the right to (i) refuse to take over the product with errors or (ii) confirm the takeover of the product with errors (defects). The fact still applies: if something happens, contact us: info@phivio.com
 

B.        Alternative dispute resolution
 

16.15       The Seller allows itself to bring to the customer's attention, who is a consumer, that if he is not satisfied with the way in which the Seller handled his complaint and/or if the customer believes that the Seller has violated his rights, the customer has the opportunity to contact the Seller with a request for correction, via e-mail: info@phivio.com
 
16.16       If the Seller responds to the customer's request for correction in the negative (and therefore we have not processed the consumer's complaint to the consumer's satisfaction) or we do not respond to such a request within 30 calendar days from the day it was sent to the consumer, the consumer has, in accordance with § 12 of Act no. 391/2015 Coll. on alternative resolution of consumer disputes (o alternatívnom riešení spotrebiteľských sporov) and on amendments and additions to certain laws, as amended (hereinafter referred to as the "Law on ARS"), the right to submit a proposal for the initiation of alternative dispute resolution by an alternative dispute resolution entity.
 
16.17       The subject of alternative resolution of consumer disputes is the body of alternative resolution of disputes referred to in § 3 par. 2 of the ARS Act and an authorized legal entity entered in the list pursuant to § 5 par. 2 of the ARS Act. The subject of alternative dispute resolution with the operator of the Portal is the Slovak Trade Inspection (www.soi.sk) or another relevant authorized legal entity, which is registered in the list of alternative dispute resolution subjects maintained by the Ministry of Economy of the Slovak Republic (MH SR): https://www. mhsr.sk/obchod/ochrana-spotrebitela/alternative-solution-of-consumer-disputes-1/list-of-subjects-of-alternative-solution-of-consumer-disputes-1. Information on the amount of fees is available on the website of MH SR or on the website of a specific alternative dispute resolution entity. The consumer is entitled to choose which of the subjects of alternative resolution of consumer disputes to turn to.The proposal can be submitted by the consumer in accordance with Section 12 of the ARS Act.
 
16.18       The consumer can find information about fees for the proposal on the website of a specific alternative dispute resolution entity. Alternative dispute resolution can be used by a consumer - a natural person who, when concluding and fulfilling the Agreement, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution is related to the resolution of disputes between the consumer and the Seller, resulting from and/or related to their contractual relationship. The subject of alternative dispute resolution may reject the dispute if the quantifiable value of the dispute does not exceed EUR 20, as well as in cases according to § 13 of the ARS Act (section 4).
 

16.19       The consumer has the right to submit a proposal for alternative dispute resolution through the dispute resolution platform available online (RSO): http://ec.europa.eu/consumers/odr/. The page contains available information on the conditions of such a method of conducting and resolving an alternative dispute.
 

16.20       Alternative dispute resolution can only be used by a consumer (natural person) who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to disputes between the consumer and the seller, the value of which exceeds 20 euros, resulting from a consumer contract concluded at a distance.
 

16.21       The subject of alternative dispute resolution according to § 3 of Act no. 391/2015 Coll. may require you to pay a fee of up to 5 euros including VAT for initiating dispute resolution. You can submit a proposal in the manner specified under §12 of Act no. 391/2015 Coll. or by clicking on: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

C.        Supervisory authority
 

16.22       The authority supervising the observance of consumer law, the offer and sale of the seller's products:
 

SOI Inspectorate for Bratislava region
Bajkalská 21/A, P. O. BOX č. 5, 820 07  Bratislava, Slovak Republic   
Odbor výkonu dozoru 
tel. no.: 02/58 27 21 72, 02/58 27 21 04 
fax no.: 02/58 27 21 70 

Website of the supervisory authority: www.soi.sk 

 
D.         Complaints procedure - product complaint procedure (consumer) can be found below: Warranty period and product complaints
 

16.23       The warranty period for Services purchased through www.phivio.com is 24 months (note, this is the product as such, not the content page of the product - the content of the Portal is not subject to complaints). If you want to complain about the product, please contact us in advance: info@phivio.com (of course, your right to complain does not expire by contacting us).
 

16.24       The consumer is obliged to notify the seller without undue delay of all defects in the provision of the product in accordance with the General Terms and Conditions and to immediately report to the seller all facts known to him that could adversely affect their provision by the seller in accordance with the Complaints Regulations. The seller will remove these defects in the provision of products in accordance with the individual provisions of the Complaints Procedure.
 
16.25       The warranty period begins on the day of delivery of the product to the consumer (end of registration to the Portal).
 

16.26       Warranty service is provided by the operator of the Portal. Incompleteness or damage to the product must be reported within 48 hours of receiving the product (completion of registration in the Portal) by e-mail to the address info@phivio.com. 
 

16.27       When identifying the defect of the claimed product, we proceed according to the legal provisions of the Civil Code (Občiansky zákonník) (§ 622 and 623). We are obliged to remove defects that can be removed without unnecessary delay, or to replace the goods at your request. If it is a defect that cannot be removed and which prevents the product from being properly used as a defect-free item, you have the right to exchange the product or the right to withdraw from the contract.
 

16.28       We will handle the claim in one of the following legal ways:

• by handing over the repaired product
• by exchanging the product (if possible) 
• by returning the purchase price of the product 
• by paying a reasonable discount on the price of the product 
• by a written invitation to take over performance 
• by reasoned rejection of product complain

16.29       If the claim is accepted, we will exchange the claimed product for you according to your decision - we will allow you to create a new profile (ergo exchange electronically piece by piece), or we will provide another one of your choice (up to the value of the claimed product), and we will also bear the costs of returning it and delivering a new one product (if any), or you have the right to withdraw from the contract, in which case we will refund your money. The complaint will be dealt with in the shortest possible time, but no later than within 30 days from the application of the complaint. You will be informed about the result of the claim immediately after the end of the claim procedure by e-mail, and the claim protocol will be delivered to you together with the goods.
 
16.30       If the law stipulates that if you make a product complaint within the first 12 months from the conclusion of the purchase contract, we can handle the complaint by rejecting it only on the basis of an expert opinion, then we are bound by this obligation. We bear the costs associated with the expert assessment in full.
 
16.31      If you make a complaint about the product after 12 months from the conclusion of the purchase contract and we reject it, we are obliged to indicate in the complaint handling document to whom you can send the product for expert assessment. By your use of the right to expert assessment, according to the documented contact, we bear the associated costs of the expert assessment of the product, as well as all other related costs, regardless of the result of the expert assessment. As a customer, you can file a claim again if our responsibility for the defect of the claimed product is proven. The warranty period does not expire while the expert assessment of the product is being carried out. We are obliged to reimburse you within 14 days from the date of re-claiming all the costs incurred for the professional assessment of the product, as well as all related costs incurred purposefully. We cannot reject a renewed claim.
 

Withdrawal - consumer
 

16.32       If you want to withdraw from the purchase of the product, you withdraw from the purchase contract for the given product.
 

16.33       The consumer is entitled to withdraw from the contract without giving a reason in accordance with sec. § 7 of Act no. 102/2014 Coll. on consumer protection during distance sales (o ochrane spotrebiteľa pri predaji na diaľku) within 14 days from the date of conclusion of the contract for the provision of electronic content not supplied on a physical medium (please read carefully below). The consumer can withdraw from the contract even before the expiry of the withdrawal period. If the consumer withdraws from the contract, this also cancels any additional contract related to it.
 

16.34       PHIVIO provides the consumer with the opportunity to withdraw during the entire duration of the Trial Period. Upon expiry of the Trial Period and transition to the paid version of the product, the consumer's right of withdrawal ceases and the fee (Price) for the product (Service) is non-refundable (with the exception of 16.34 (iii) below). The consumer is not entitled to a new withdrawal period from the moment of starting the paid version of the Service, as he was given a sufficient time frame to think about it - a 3-month trial period, with which the consumer agrees. The company PHIVIO clearly, comprehensibly and unequivocally informs the consumer when concluding the purchase contract that:
 
(i) After the initial free trial period, the service becomes paid in accordance with the Price List, a (ii) The Service will be automatically extended by one year on the anniversary of the Service being charged, and will be charged in accordance with the Price List, while after the extension of the Service, PHIVIO does not provide a new Trial Period, which the consumer agrees to and (iii) in case of automatic extension of the Service according to point (ii), the consumer has the right to withdraw within 14 calendar days from the extension of the provision of the Service, namely from the current version of the Service from the moment of extension (i.e. not from any Service provided before the current extension), when you We will refund the price of the Service after the extension that you paid.
 

You authorize us to store your payment methods and to automatically bill your payment methods each year until you cancel them.

16.35       For your information: In accordance with sec. § 7 par. 6 of Act no. 102/2014 Coll. the customer cannot withdraw from the contract, the subject of which is:
·       the provision of a service, if its provision began with the express consent of the consumer and the consumer declared that she/he was properly informed that by expressing this consent he loses the right to withdraw from the contract after the full provision of the service, and if the full provision of the service took place (in layman's terms, you entered the Portal after receiving the access confirmation e-mail and you were allowed to use the Services and you agreed to the stated loss of the right to withdraw)

·       the sale of goods or the provision of a service, the price of which depends on price movements on the financial market, which the seller cannot influence and which may occur during the withdrawal period

·       sale of goods made according to the special requirements of the consumer, goods made to measure or goods intended specifically for one consumer,

·       sale of goods that are subject to rapid quality reduction or deterioration,

·       sale of goods enclosed in protective packaging, which are not suitable for return due to health protection or hygiene reasons and whose protective packaging was broken after delivery, 

·       sale of goods which, due to their nature, may be inseparably mixed with other goods after delivery,

·       the sale of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days later, and their price depends on the movement of prices on the market, which the seller cannot influence, 

·       performing urgent repairs or maintenance that the consumer has expressly requested from the seller; this does not apply to service contracts and contracts the subject of which is the sale of goods other than spare parts necessary for repair or maintenance, if they were concluded during the seller's visit to the consumer and the consumer did not order these services or goods in advance,

·       sale of sound recordings, video recordings, audio-visual recordings or computer software sold in protective packaging, if the consumer has unpacked this packaging, 

·       the sale of periodicals, with the exception of sales based on a subscription agreement and the sale of books not supplied in protective packaging,

·       provision of accommodation services for purposes other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities and according to which the seller undertakes to provide these services at the agreed time or within the agreed deadline, 

·       provision of electronic content other than on a physical medium, if its provision began with the express consent of the consumer and the consumer declared that he was properly informed that by expressing this consent he loses the right to withdraw from the contract.

16.36       The withdrawal period is considered to have been observed if the withdrawal from the Contract was sent to us no later than the last day of the period. The consumer can exercise the right to withdraw from the Contract with us in paper or electronic form.The consumer can also use the form for withdrawing from the Contract, which is available for download on the main page of the portal in the section For specialists - Withdrawal from the contract. Please note that you can also withdraw by sending the given information to our contact e-mail: info@phivio.com.
 
16.37       After withdrawing from the Agreement, the seller is obliged to return to the customer all payments that the customer made to the seller (total price of the product) in connection with the conclusion of the Agreement, or relevant part, if the customer did not withdraw from the contract only in part. Since withdrawal is possible during the Trial Period, during which the Service is free of charge, we are not obliged to refund you.
 

16.38       If there is a right to refund the payment, the payment will be returned to the consumer without unnecessary delay, no later than 30 days from the day when the consumer's notice of withdrawal from the Agreement was delivered to the seller. 
 

16.39       By withdrawing from the contract, the purchase contract (or contract for the provision of electronic content not supplied on a physical medium) is canceled from the beginning. In accordance with sec. § 517 par. 1 of the Civil Code (Občiansky zákonník), the customer may withdraw only in relation to part of the subject of the contract (if the subject of the contract or binding order was the delivery of several titles), and in that case the contract is canceled only in this part.
 

16.40       In the event of a conflict between Article 16 of the Terms and Conditions and other articles of the Terms and Conditions, the provisions of Article 16 of the Terms and Conditions shall prevail in the case of the consumer.

17.1 Definition of terms

“Items” 

means items/products that include medical devices, diagnostic instruments, therapeutic devices, pharmaceutical and cosmetic products, prostheses, epitheses, implants, splints and materials intended for introduction into the human body and other related devices, instruments or materials, as well as other devices used in the healthcare sector, which are used in providing of health care and/or in the providing of services related to body beautification and/or are related to body beautification. Products in the meaning of these Terms and Conditions also include information materials, brochures, publications, books and other goods serving to educate patients, as well as to promote a healthy lifestyle (for example, exercise equipment, rehabilitation equipment, nutritional supplements and the like).

“Company”

means a legal entity or a natural person – entrepreneur who is a manufacturer, distributor or supplier of medical products. The Company as a user of the portal undertakes that the information about the company as well as about the products that it will place on the Phivio portal meets all valid and legal security requirements, is harmless to health and in approval with the relevant standards and regulations.

“Service for Companies”

means the space provided by us on the Portal, within which the Company is entitled to create a profile for Companies and to insert Products that the given Company offers into its profile.

17.2.   Important notice

The portal user in the "Products" section is obliged to have all rights to the data and content (including intellectual property) that he/she enters into the Portal about the given Company and Products, to which the user undertakes - the User is responsible for the violation of this obligation and is obliged to compensate PHIVIO in the event that PHIVIO suffers damage or other harm as a result of the violation of the given obligation, and at the same time PHIVIO has the right to delete the profile created by the user and not provide the portal to the given user for the violation of the given obligation.

17.3  These Terms and Conditions are generally binding rules and are an agreement between us and our customers - before the customer decides to register on the Portal in the Products section (create a user account on the Portal), he/she is obliged to read the Portal Rules, and to comply with and respect them throughout the entire period of registration.

17.4   If a potential customer (Company) does not agree with anything stated in the Portal Rules or with any condition stated in any of the aforementioned documents, please do not create a user account (do not register). If a User does not agree with any condition of the Portal Rules, please do not remain on the Portal website, as the Terms and Conditions are binding on Users and by remaining on the Portal, they confirm that they understand and agree to them.

17.5.   Unless it follows from the nature of the provision of the Terms and Conditions that it is an obligation (including an obligation to indemnify/compensate), duty, understanding, restriction and/or prohibition exclusively intended for the Company (or the customer), the obligation (including an obligation to indemnify/compansate), duty, understanding, restriction and/or prohibition applies to each User and is given to each User, with which the User agrees and undertakes to remain on the Phivio Portal page, while the section for consumers applies exclusively to consumers.

17.6    Registration for the Portal and use of the Portal in the Products section

17.6.1 Products and Companies as entities register and use the Phivio portal in the "Products" section free of charge. The order of Companies and Products is listed in alphabetical order. Other presentation of products and companies in the form of advertising and/or sponsored content and presentation in Newsletters and emails may be the subject of an Individual Order (Chapter 8).

17.6.2 Registration is available at www.phivio.com/manager/register. Through the registration process, the user makes a proposal for registration by completely and truthfully filling out the form displayed on the page and at the same time confirming familiarization with the Portal Rules.

17.6.3 After registration, an approval process is carried out, the purpose of which is to verify the authenticity of the existence of the registered Portal User in the "Products" section (in particular, the authenticity of the existence of the Company and/or Products).

If we have reasonable suspicion that a person - a potential customer (who is interested in becoming a customer) or a customer is impersonating someone else, or creating false (so-called fake) user accounts (i.e. accounts from which posts are spamming, and/or which are created by another person for a customer against whom repressions have been applied pursuant to Article 14 of the Terms and Conditions), a user account that in any way violates the rights and/or legitimate interests of a third party, or violates any of the Portal Rules, we reserve the following rights:

• 1 the right to temporarily or permanently prohibit the registration of a user account on the Portal, and/or
• 2 the right to temporarily deny such person access to the Portal (without deactivating or canceling the user account), for the time necessary to verify the violating situation and its (non)compliance with the Portal Rules, and/or
• 3 the right to cancel and delete such person's user account on the Portal, and/or
• 4 the right to deactivate the user account of such person on the Portal for the time necessary to verify the violating situation and its (non)compliance with the Portal Rules.

The user account in the Products section is non-transferable. The Customer is obliged not to make his user account available to a third party. The Customer is obliged to protect his access data to the user account. In the event of unauthorized use of the user account, please inform us immediately. The Customer is responsible for introducing any content into the Portal environment as well as for the related consequences.

17.6.4 Delivery. After the registration is approved, the Portal Users will be able to create Companies and list their Products/Items in the “Products” section after logging in. The User undertakes to carry out these steps in accordance with applicable legal regulations and security standards, as well as the Phivio Portal’s general terms and conditions and the Phivio Portal’s terms of use.

17.6.5 Reporting defects. You can check the provided Service/Service for Companies and report its defects in writing by sending an e-mail to our contact e-mail address within a reasonable period of time, no later than 3 calendar days from the start of the provision of the Service/Service for Companies. However, we have agreed that the Service/Service for Companies is defective only if it does not correspond to what we agreed upon during registration. In the e-mail, please indicate which profile the defect applies to (if you have ordered multiple Services/Services for Companies from us) and in what you see it. If you do not do so, your rights and claims from liability for defects will expire. We will remove any defects by repairing them or delivering a replacement Service for Companies in which the defects are not apparent, within a reasonable period of time, which is not shorter than 30 working days. We will inform you about everything. In cases where the defect cannot be removed without our fault, we are not liable for it. Liability for defects is otherwise governed by the relevant provisions of the Commercial Code if our customer is not a consumer (see Article 16 of the Terms and Conditions). The Service for Companies is free of defects unless you notify us within the period for notification of defects that the Service for Companies has defects. 

17.6.6 The obligation to deliver the Service/Service for Companies is also considered fulfilled if the User does not log in to the Portal in the Products section after (first) completing the registration. For the purposes of delivering the Service/Service for Companies under these Terms and Conditions, the delivery of the Service/Service for Companies is carried out by enabling the customer to access the Portal for its full use (access to the Service/Service for Companies) by enabling him/her to access it (sent a link to complete the registration to enter the Portal). In the event that the User does not complete the registration (by clicking on the activation registration link that we send to complete the registration) even within seven (7) calendar days from the sending of such an e-mail, we have the right to withdraw from the contract without further action (this is our right, not an obligation).

17.6.7 We are not responsible for (i) late delivery of the Service for Companies or (ii) late delivery of the e-mail with a link to complete the User's registration in the Products section, caused by an incorrectly entered recipient address (Your incorrect e-mail) and/or for non-delivery due to capacity reasons of the e-mail box or the box belonging to the e-mail entered by him.

17.6.8 PHIVIO supplies the Services for Companies mainly within the countries: USA. If a potential customer is interested in the Services for Companies in a country other than the one specified, please contact us: info@phivio.com.

17.6.9 Repeated delivery. If, for reasons on the part of the customer (the User in the Products section), it is necessary to deliver the e-mail to complete the registration repeatedly, we will be happy to send it to you repeatedly (however, at most one replacement delivery, in which case we reserve the right to withdraw from the contract or cancel the Order, as it is considered that the User in the Products section does not insist on delivery.)

17.7 Activity of Portal Users in the Products section.

17.7.1 The Portal is accessible to Users, Portal Users in the Products section, as well as Specialists. It applies that Users and Portal Users in the Products section are obliged to familiarize themselves with, comply with and accept the Portal Rules (in particular, but not exclusively, the Terms and Conditions, the Notice on the Processing of Personal Data, the Phivio Rules of Use). Each User and Portal User in the Products section is responsible for the truthfulness, completeness and accuracy of the data provided during registration, as well as the information entered into the Portal during the use of the Portal.

17.7.2 Access data and protection. It is not recommended for the Portal User in the Section Products to publish the password to the user account on the Portal - we are not responsible for misuse. However, we would like to ask you to keep your access data to the Portal confidential, not to publish or make them available to third parties and to protect them from misuse, disclosure or unauthorized access. If you suspect that your access data (including your password) has been stolen, misused or you suspect that it has been used by an unauthorized person, please inform us immediately about the situation and we will temporarily block your user account until the situation is resolved.

17.7.3 Basic obligations of Portal Users in the Section Products. Each Portal User in the Products section undertakes to PHIVIO to comply with the following basic obligations:

17.7.3.1 to use the Platform in accordance with the Platform Rules and to refrain from any illegal and/or unauthorized action, or action in violation of the provisions of these Terms and Conditions, the Notice on the Processing of Personal Data and/or the Phivio Rules,

17.7.3.2 not to cause damage, disable, overload or impair the Platform and not to prevent its normal use or enjoyment,

17.7.3.3 not to interfere with or violate the access level (even at the attempted stage), it is prohibited to improperly manipulate data, duplicate or export data or information protected by intellectual property rights or other legal rights and legitimate rights and interests of third parties, attempt to access restricted areas of PHIVIO's or third party's computer systems, introduce programs, viruses or any other devices that create or may make changes to the computer systems of PHIVIO or third parties,

17.7.3.4 familiarize yourself with and master the technical and legal requirements and requirements necessary for the correct access and use of the Platform, which may include downloading certain computer programs or other logical elements to their computer devices if the Service or the Portal capabilities require it, 

17.7.3.5 not use, publish, make available, copy or provide to third parties in any form the content published on the Platform or any part thereof or any information about PHIVIO (which is not publicly available) without the express and demonstrable written consent of PHIVIO given in advance,

17.7.3.6 not damage in any way the reputation of PHIVIO, nor perform any activity, review, story and/or comment that could damage the reputation and good name of PHIVIO without a legitimate reason based on legal regulations.

17.8. Technical requirements

17.8.1 The Portal can be used on a computer or mobile device. For the purposes of registering on the Portal from the point of view of technical security as well as using the Service, you need to have access to the Internet and a functional Internet browser in current versions (Google Chrome, Mozilla Firefox, Safari, others). It is therefore necessary to have at least the following equipment:

17.8.1.1 a computer or mobile device (mobile phone, tablet) with Internet access;

17.8.1.2 an updated Internet browser, in which at least the following functions must be enabled: javascript and cookies;

17.8.1.3 a PDF document viewer

17.8.1.4. email address

17.8.2 During the provision of the Portal Service in the Products section (including any possible fulfillment of a Custom Order – Custom Services), you undertake to provide us with all cooperation, in particular to cooperate with us, to respond promptly to our messages or questions, to provide us with all materials and information that we request and that we will need to provide the Service in the Products section, always without undue delay, but no later than within 2 calendar days of our request, unless the nature of the cooperation requires faster action. If you do not provide us with the necessary cooperation, or if you provide it with a delay, we are not in default and all deadlines for our performance are extended by a time appropriate to the nature of the performance that will need to be performed late as a result of your delay, but at least by twice the time during which you are in default with providing the cooperation.

17.8.3 Based on the need to operate the Portal in the Products section and ensure the proper functioning of the Service in the Products section, we will, at our discretion, perform updates to the Portal as a whole, or some of its functionalities. These updates are automatic and cannot be refused. In the event of a temporary shutdown of the servers on which the Portal is located for a period longer than 24 hours, we will inform you in advance. 

17.8.4 In the event that (i) PHIVIO decides to charge for some of the updates and/or (ii) charge for some of the functionalities, it will always inform customers in advance in an appropriate manner (in particular by publishing it in the Price List section). If the customer does not agree to the charging of an update or any of the elements, they have the option to terminate the contract with a one (1) month notice period, which runs from the first day of the following calendar month in which the notice was delivered to PHIVIO. In such a case, the customer will be refunded the prorated portion of the Price.

17.8.5 PHIVIO regularly backs up the data published on the Portal. However, we cannot guarantee the flawlessness of the process of backing up and storing the data and content entered by you. We cannot rule out the situation that, as a result of an unforeseen action (omission to act) or other damaging event, the data entered by you will be damaged, deleted or no longer accessible. 

17.8.6 Do not forget to always inform us at least 7 calendar days in advance about any advertising and marketing campaign that may cause excessive or disproportionately high traffic to your profile. This is because a situation may arise that the Portal will not be able to accommodate high traffic and will not show signs of functioning. If you do not inform us in advance, we have the right to suspend the display of your Profile on the Portal if the excessive load limits the server on which the Portal is located, for a necessarily long period of time in our opinion. In no case are we liable for any damage, including lost profits, that you may incur in this regard.

17.8.7 We at PHIVIO will always make every effort to ensure that the Service provided by us always functions technically as it should, especially without errors. However, the Portal is only technology and our company is also made up of people only, and therefore there may be a temporary outage of the Service/Service for Companies, or its unavailability, loss of access to it, unspecified technical malfunctions, or errors in displaying posts. We will always try to resolve the situation as soon as possible. However, we do not guarantee the flawless and uninterrupted functionality of the Portal, and we are not responsible for any interruption or termination of the possibility of using the Services/Services for Companies on the Portal. The reasons for the outage may include maintenance or updates, as well as unexpected malfunctions.

17.8.8 We will inform you in advance about outages that we can plan. We will inform you in an appropriate manner without undue delay about outages that we did not know or could not foresee as soon as we learn about them and after we have started to eliminate the reasons for the outage – by e-mail or in the Portal interface.

17.8.9 If the outage caused by us lasts longer than 24 hours, we will provide you with a discount on the price in the amount of an aliquot part of the total number of hours of provision of the Portal Service in the Products section in the month and the duration of the outage (applies in cases of charging according to point 17.8.4). However, apart from this discount, we will not pay you any further compensation and you are not entitled to any compensation, which you agree to.

17.8.10 If you find that the Service has stopped working, please contact us by phone at + 421 904 422 226 or by e-mail at info@phivio.com. The first available employee will respond to you on weekdays from 9:00 to 15:00 and on weekends from 10:00 to 15:00, otherwise on the first business day after the weekend. An e-mail sent by us to the e-mail address you provided is considered delivered at the time of sending.

17.8.11 The order of resolving any outages, problems and defects is determined by their urgency - the most serious ones will be resolved first. We will try to resolve them within a period appropriate to their severity. Defects, outages and/or problems are considered resolved when:

17.8.11.1 their cause is resolved and they cease to occur,

17.8.11.2 we restore the Profile on the Portal to the last functional state from an existing backup, 17.8.11.3 we provide you with instructions on how to use the Service, compliance with which does not result in a problem, or

17.8.11.4 we notify you that the problem was caused by a third party.

17.8.12 The Customer acknowledges that the functioning of the Service/Service for Companies in the Products section depends on the proper functioning of third-party services and technologies (Internet connection provider, electricity provider). We cannot influence the continuity and quality of the delivery of third-party services, and therefore, if the Service in the Products section does not function due to an error that cannot be attributed to us, we will not be liable for this and you will not have any claims.

17.9 Intellectual property of us, our customers and third parties

17.9.1 By registering on the Portal in the Section Products, the Customer grants free of charge, unlimited in time and space

a) consent to the use of the Customer's likeness, written, visual and audio-visual expressions as well as other expressions of a personal nature that he/she places on the Portal,

b) a license (sublicense, if the author is a person different from the Customer) to publish the copyrighted work, or other content protected by the Copyright Act and applicable law, if the customer's contribution contains it,

c) a statement that the customer is the author of the work or other content of the contribution protected by the Copyright Act and applicable law or that he has obtained authorization (license) from the author(s) of the work to use the work, including the right to grant PHIVIO a sublicense; and that in this work or other content of the contribution, works or other rights of other persons or their parts have not been used in any way, and that PHIVIO will not incur any damage or other harm by publishing the work or other content of the contribution on the Portal and in the event that this happens, the customer undertakes to pay such damage and harm in full to the benefit of the person to whom it arose. The Customer undertakes not to publish on the Portal any works or parts thereof, likenesses, written, visual and audio-visual expressions of third parties, or any expressions of a personal nature that could in any way violate and/or damage the rights and/or legitimate interests of third parties. PHIVIO is not responsible for the content entered by Companies into the Portal environment - the Company is responsible for this. Companies undertake to publish on the Portal only the content that they have the right to publish. The publication of any content on the Portal by any person other than PHIVIO does not entitle that person to any remuneration or reimbursement of costs, the above applies even if the person has published content owned by a third party.

17.9.2 The Customer acknowledges that PHIVIO is entitled to retain the Customer's Contributions, even after the Customer has cancelled his/her user account (or his/her account has been cancelled by PHIVIO or the use of the Service has been restricted), for an indefinite period of time (the Privacy Notice is not affected by this, in particular the rights thereunder).

17.9.3 We at PHIVIO respect the intellectual property rights of others and ask you to do the same, which you, as customers, undertake to do by using the Service/Service for Companies in the Products section (or Tailor-made Services). PHIVIO may, under certain circumstances and at our discretion, terminate the use of the Service/Service for Companies in the Products section (or Tailor-made Services) and/or temporarily restrict your access to the Portal if you have violated and/or threatened the intellectual property rights of us, others, or other rights and legitimate interests of third parties, or deactivate or completely cancel your user account, at PHIVIO's discretion. 

17.9.4 If any person believes that their work is the subject of copyright and/or trademark infringement and appears unauthorized on or in connection with the Portal, or in any other way there is unauthorized interference with the rights and legitimate interests of a third party, we ask such person to provide us with relevant information on the given situation at: info@phivio.com

17.9.5 No one may publish in their contributions content protected by third party rights, in particular copyright, personality rights, trademark rights, patents, designs, rights violating trade secrets, etc., without the consent of the authorized person, given in writing and demonstrably in advance. In the event that they publish any content that requires citation or paraphrase and indication of the source, everyone is obliged to do so at all times, which they undertake. PHIVIO is not responsible for the content of contributions and violation of third party rights. 

17.9.6 Our customer (i.e. the person who has concluded a contract with us) undertakes that on the Portal or in connection with his user account established on the Portal and/or in any connection and connection with the company PHIVIO: 

17.9.6.1 he/she will not provide services and/or offer those for the performance of which he/she does not have a valid and effective authorization according to the rules of the state in which he carries out his activity, 

17.9.6.2 he/she will not promote the provision of services and/or offer them, nor promote goods and/or offer them for sale, which are not permitted to be offered and/or sold on the Portal - the prohibited ones include in particular, but not exclusively, the offer for sale of the following goods and/or services: sale of drugs, erotic devices, provision of goods and services, the offer for sale, sale and/or provision of which is punishable according to the regulations of the Slovak Republic and the USA (pornographic material, prostitution, etc.), multi-level marketing products, breast milk, infant formula, opened packages, damaged goods), products infringing intellectual property rights (such as copies of books, burned CDs, substitutes for branded goods or services, etc.). In the event that anyone promotes products and/or services for sale/provision of which they are not authorized, or their sale is prohibited under the regulations of the Slovak Republic and USA, or their sale is tied to a specific authorization or a specific method of sale, such action is prohibited and constitutes a violation of the Portal Rules. A specialist or a company who has committed an unauthorized action under this point will be informed of the violation of the Portal Rules and the resolution procedure will be followed similarly to the resolution of a report of a violation or threat of the Portal Rules. 

17.9.6.3 will not act in a manner (or neglect to act in a manner) that would constitute the facts of any criminal offense and/or commit an offense under the laws of the Slovak Republic and USA, and will also refrain from immoral, vulgar, unprofessional, offensive, unethical and impolite manner of communication and presentation of its services and results of its intellectual property on the Portal, 

17.9.6.4 will tolerate justified criticism from users in the Ratings and Patient's Experiences, 

17.9.6.5 will not send or publish announcements with inappropriate content, misleading, harmful, violating good morals, or content that could in any way threaten or damage the rights and legitimate interests of PHIVIO and/or any third party, 

17.9.6.6 will not disseminate methods, procedures and promote services, performances and interventions that are contrary to the achieved level of professional knowledge, and which could be described as quackery, 

17.9.6.7 will not promote services, procedures or interventions for which he does not have a valid and effective authorization according to the rules of the state in which he carries out his medical (professional) activity, or activity in accordance with a validly granted license or authorization, 

17.9.6.8 will not act in any way contrary to the regulations of the Slovak Republic and the USA.

17.10 The Portal, its solutions as well as some texts, graphics, images, audio-visual works, likenesses and other intellectual property may be protected by copyright or other intellectual property rights. This is our content, which remains our property and we do not grant you any rights to it, except for those for the peaceful use of our Services/Services for Companies by you within the Portal environment - for such use we grant you a non-exclusive authorization, limited in time to the duration of the contract between us. You are not entitled to assign or transfer our content or any authorization to any third party, not even in the form of a license or sublicense.

17.11 It is prohibited to reproduce, distribute and/or in any way make our content (or any elements of our intellectual property) accessible or provide it to third parties without our written consent given demonstrably in advance. You may not modify, change, supplement, combine the given content (or elements of intellectual property) with other content, or create other works or parts thereof based on it. The price for the authorization according to this article is included in the price for the Service for which the authorization is granted, for the period to which it applies.

17.12 Newsletter.

When creating an Order, you can choose whether you want to receive regular information about news from us. You can also choose the option to send a newsletter individually on the site by entering your email address, or by clicking on the link in the email we sent you. Of course, you can unsubscribe from newsletters at any time. We will also inform you at your email address about the processing of your Order, or a Custom Order. If you are bothered by emails from us, please write to us at info@phivio.com. Information on personal data protection can be found here: Notice on the processing of personal data.

17.13 other rights and obligations of the parties 

17.13.1 PHIVIO is not responsible for:

17.13.1 .1 delayed delivery of the product caused by an incorrectly entered recipient address (e-mail address),

17.13.1.2 the content of the Company's user account (or any of its Products),

17.13.1.3 since we send access to the Portal via e-mail, we are careful about viruses and the correctness of the data sent, but we do not guarantee the error-free and flawless process,

17.13.1.4 for content on the Portal that we do not enter directly (patient reviews, patient stories, etc.).

17.13.2 The Customer undertakes to:

17.13.2.1 comply with the Portal Rules,

17.13.2.2 declare that he has all rights and permissions to create and publish the content entered by him into the Portal in the Products section

17.13.3 By submitting the Order, the Customer declares to PHIVIO that (i) he has previously familiarized himself with the text of the Terms and Conditions, the Notice on the Processing of Personal Data, as well as the Portal Rules and undertakes to comply with and respect them, (ii) he has familiarized himself with the Price List, the content and conditions of the provision of the Service and the amount of the total Price and accepts the given conditions and price.

17.13.4 PHIVIO does not impose any obligations on the customer without a legal reason, nor does it deny any of his rights.

17.13.5 PHIVIO will archive the contract in electronic form together with the relevant Terms and Conditions in accordance with applicable legal regulations.

17.13.6 PHIVIO reserves the right to verify the person authorized to act on behalf of the Company - for this purpose, you are obliged to submit, upon our request, an extract from the commercial register usable for legal purposes, which will clearly indicate the authorization of the person acting on behalf of the company to conclude a contract with us for the provision of the Service/Service for Companies in the Products section, or a power of attorney granted by the Company (the Company's executive) for this purpose. In the event that it is proven that the person was not authorized to conclude a contract with us, the acting person is directly liable for the act.

17.14 Disclaimer, Legal Notice

17.14.1 Important notice and legal disclaimer: PHIVIO is not a clinic, doctor, psychologist, health center owner or pharmacy and is definitely not a legal advisor. We do not provide medical (general or specialized), psychological, nursing services or advice. Any information you find on the Portal does not and cannot replace the services of doctors, medical personnel, psychologists, speech therapists, legal advisors or other experts. All the more so if it concerns any physical or psychological symptoms of any diseases or manifestations that may require a professional erudite examination or assistance. We cannot guarantee that any (even well-intentioned) advice you read on the Portal, even if it is listed under the Profile of a Clinic, Doctor or Specialist, Company and Product, is the correct professional procedure in your specific case or a generally applicable medical procedure. We cannot guarantee that any other user of the Portal provides information that has real professional value and truthfulness, even if the user claims to be a doctor or other specialist (although we make it a point to ensure that there are no non-professionals on the Portal). Always seek real professional advice and help from trained workers and experts. We are each responsible for our own life and health and the life and health of our children - this also applies to the way you use the information that you obtain as a result of using the Portal or using its functionalities and information in it. If any damage or other harm arises from any of your actions or omissions to act, we are not responsible for them. Our Portal creates exclusively a space for promoting and sharing information, for which we are not responsible or provide any guarantee as to the truthfulness, expertise, result, quality or availability. We are not responsible for the content or form of Reviews and stories published on the Portal.

17.14.2 PHIVIO strongly warns each user about the need to comply with the Portal Rules. We are creating the Portal with the aim of creating a space for Specialists (Experts, Doctors, Clinics), Companies (and their Products) so that they can present the results of their activities, promote their services and publish contributions and articles on the Portal. Since we cannot guarantee compliance with the Portal Rules by its users, nor for the legality, truthfulness, accuracy, comprehensiveness, completeness, timeliness, professionalism or compliance of customer contributions on the Portal with the rules we have set (Portal Rules), we therefore bear no responsibility for any and all contributions that any person makes on the Portal, including the promotion of the services of Specialists and the results they proclaim. We are not responsible for any damage or other harm caused by reliance on the content of the contributions, nor are we responsible for any damage or harm caused to the customer or a third party in connection with the use of the Portal and in connection with the use of any information from the Portal.

17.14.3 PHIVIO does not provide any guarantees, warranties or quality assurance for any content and/or service and/or product offered (presented) by a Specialist or a Company. The given Specialist and the given Company are responsible for the services offered (presented) by a Specialist and the products presented by the Companies on the Portal, in their entirety (performance, goods, product, conditions of performance, quality of the result, health complications, price and delivery conditions, defects in performance and their services, safety of use and usage). PHIVIO is not a provider of services presented by Specialists and/or Companies or offered by them, which each User acknowledges.

17.14.4 On the other hand, PHIVIO reserves the right to take action (14.7 of the Terms and Conditions) against a customer who has violated or is violating any rules relating to the Portal (Portal Rules) and its use (in particular, but not exclusively, violation or non-compliance with the rules set out in the text of the Portal Rules, these Terms and Conditions or any of its annexes or related documents, and/or the legal regulations of the Slovak Republic and the USA).

17.14.5 Further limitation of liability of PHIVIO:

17.14.5.1 Portal Users acknowledge and agree that PHIVIO is under no circumstances obliged to compensate for lost profits in the event of damage to the User (or any third party)

17.12.5.2 Specialists and Companies acknowledge and agree that PHIVIO is under no circumstances obliged to compensate for lost profits in the event of damage to the Specialist, the Company (or any third party) and the amount of compensation for actual damage is limited to the amount of the Price paid by the customer for our Services/Services for Companies

17.14.5.3 we are not liable for damage caused to a third party other than PHIVIO, caused (and/or arising) in direct or indirect connection with the provision of the Service/Service for Companies (or Custom Service) or the capabilities of the Portal, if the damage was caused and/or arose for a reason that cannot be attributed to us (e.g. caused by you, force majeure)

17.14.5.4 we are not liable for damage caused by infecting your local network and/or computers with viruses and/or attacks by third parties on your servers, local network, unauthorized use of your computers, tablets, mobile phones and/or access to the Portal

17.14.5.5 we are not liable for damage caused by incorrect entry of content into the Portal and/or your incorrect procedure in the Portal interface (in case of technical problems, please contact us)

17.14.5.6 we are not liable for damage caused (arising) by loss or damage of login data, failure to comply with PHIVIO instructions when registering and entering content into the Portal, your technical interventions and modifications to the Portal beyond normal use, incorrect content in the Portal that you entered, violation of intellectual property rights and/or other rights of a personal or property nature that you have caused to any third party by your actions (or omissions to act), or as a result of force majeure.

 17.14.6 You undertake to indemnify us for all claims, damages or other harm and other costs (including costs of out-of-court proceedings, legal representation, proceedings before courts or administrative and other bodies) that a third party applies against us due to a breach of the provisions of our agreement or these Terms and Conditions (as well as the Portal Rules) by you and/or by another third party to whom you have allowed access to the Service and/or you have not prevented access to the Service/service for Companies. Recommended procedure for reporting violations of the Portal Rules and related procedures for handling the case

17.14.6.1 To report a suspected violation, violation and/or threat to compliance with the Portal Rules, anyone can report the fact by e-mail to info@phivio.com.

17.14.6.2 For the purposes of reporting, it is important to identify and briefly describe which specific contribution within the Portal is in question, or a comment on it, or other activity within the Portal, or in any other way to draw our attention to a possible threat to compliance with the rules and/or violation of the Portal Rules; it is also important to provide the identification of the violating Specialist or User.

17.14.6.3 As a rule, within 14 calendar days of reporting a threat to compliance with the rules and/or a violation of the rules, the Portal owner (We) will check compliance with the Portal Rules. The violator will be given the opportunity to comment on the violation/threat within 5 (five) consecutive calendar days from the time we inform them of the reporting of the action. If they do not comment, it is considered that they agree with the information provided in the report of the violation/threat of the Portal Rules.

17.14.6.4 In the event that we assess that there has been a threat to compliance with the rules and/or a violation of the Portal Rules, we will inform the reporter and the violator of the fact. We will not disclose the identity of the reporter to the violator.

17.14.6.5 In the event of a breach and/or threat to compliance with the Portal Rules, we have the right to choose the procedure according to 17.14.7 of these Terms and Conditions below. The violator will always be informed of which procedure is chosen against him, as well as the specification of the threat to the rules or violation of the Portal Rules that he has committed.

17.14.6.6 Users undertake to comply with and respect this Recommended Procedure for Reporting Violations of the Portal Rules and the related procedures for handling the matter. For the avoidance of doubt, we state here that these procedures apply in the event of a threat and/or violation of any of the Portal Rules. 

17.14.6.7 We would like to inform users that if we have reasonable suspicion that the actions of any user in the use of the Portal resemble and/or could constitute the facts of any criminal offense, we will consider the possibility of contacting the relevant law enforcement authorities to investigate the matter.

17.14.7 Repression.

Repression by PHIVIO against a violator of the Portal Rules includes:

17.14.7.1 the first warning of a violation and/or violation, and/or threat of violation of any Portal Rule, which for the violator means a warning and a call to refrain from such violating and/or threatening action, and/or

17.14.7.2 in the event that the repression under point 17.14.7.1 has failed and the violator commits a further violation within 6 (six) months of the repression under point 17.14.7.1 - suspension of the use of the Service and/or the Service in the Products section (suspension of the possibility of using the Profile on the Portal in the version for Companies) for a period of one (1) week, and/or suspension of the use of the Portal options for Patients for a period of one (1) week

17.14.7.3 in the event that the repression under point 17.14.7.1 and 17.14.7.2 unilateral cancellation of the infringer's user account by us, and/or

17.14.7.4 in the event that the repression under points 17.14.7.1 and 17.14.7.2 has ceased to have effect and repression under point 17.14.7.3 has also occurred, a ban on the repeated use of the Portal in the section for Companies as well as for Users by us, regardless of whether the customer would have created a new user account for the Portal as a Company

17.14.7.5 termination of the contract.

PHIVIO reserves the right to cancel the customer's user account and/or prohibit the customer from repeated use and entry to the Portal (regardless of whether it is the original user account or a new user account) also directly, i.e. without prior procedure under 17.14.7.1 to 17.14.7.4 above. Please note that in the event of any repression mentioned above, the customer is not entitled to a refund (price) or a discount on the price in the event of a temporary restriction of access to the Portal (suspension according to 17.14.7.2).

17.14.8 The opinion of the Users presented on the Portal is not the opinion of PHIVIO, even if we share similar values ​​and opinions. There can always be a case of taking an opinion out of context, misunderstanding, or applying an opinion to another situation. Therefore, we do not bear any responsibility for contributions and any data presented on the Portal by customers (or any User), nor for the consequences of applying information from such contributions by any third party. The opinions and information presented on the Portal are opinions and information independent of the will of PHIVIO, and therefore we bear no legal or other responsibility for them.

17.14.9 We would like to inform you that it is not within our capacity to control the content of each contribution (content) on the Portal. Therefore, it is allowed to post only contributions in accordance with the Portal Rules and PHIVIO is not responsible for the content of these contributions or for compliance with the Portal Rules.

17.14.10 Since the Portal primarily focuses on presenting professional services, services and procedures, as well as companies and their products, we strongly ask customers not to include any personal or sensitive data in their posts, either about themselves or about third parties. Under no circumstances should you include any of your financial data (account number, account balances, card numbers, PIN) in your posts on the Portal, and please do not publish anything about yourself that could expose you to any threat, either knowingly or through negligence. Do not include your ID card, passport or birth certificate number, either your own or that of third parties. Our Users and customers are strangers to each other, and therefore you should be cautious. For the protection of personal data, please also go to the Notice on the Processing of Personal Data section.

17.14.11 Anyone who posts a post (any content) on the Portal is obliged to ensure its compliance with the applicable legal regulations of the Slovak Republic and the USA. 

17.14.12 We reserve the right to control the way in which you post content when using the Service on the Portal, or content within the possibilities provided by the Portal, in particular but not exclusively, to control the content of the content presented by you and the posts posted, in order to comply with the Portal Rules. If we detect a violation or threat of the rules, we reserve the right (among other things - see repression in this article) to delete your post or content in its entirety and/or delete the part in which you violate the Portal Rules, to prevent the visibility of the post and/or content and/or the possibility of commenting on it, without further action (in particular without notifying the User or customer of these steps in advance). By submitting a contribution (or any content) to the Portal, the Customer agrees that PHIVIO is entitled to store copies of the given content and contributions.

17.14.13 PHIVIO also informs the Users (and they agree and confirm the above by using the Portal) of the following:

17.14.13.1 any information provided and/or made available on the Portal is not binding and is of an informative nature, is not a recommendation, offer or proposal to conclude a contract;

17.14.13.2 PHIVIO is not responsible and does not provide the Customer with any guarantee for the continuous or error-free functioning of the Internet portals, for links to other Internet sites or for the speed of the Internet connection used by the Customer (or User);

17.14.13.3 the information provided in the product is current as of the date of its publication on the Phivio Portal, and may not be current as of the date of its delivery due to subsequent legislative changes to the relevant legal regulations.

17.14.14 The Customer, who is a consumer, is obliged to notify us without undue delay of all defects in the provision of the product under these Terms and Conditions and to immediately notify us of all facts known to him that could adversely affect their provision by the Seller in accordance with the Complaints Procedure (in Article 16 of the Terms and Conditions). The Seller will eliminate these defects of the Service in accordance with the individual provisions of Article 16 of the Terms and Conditions) by the relevant law, if a purchase contract for the provision of the Service has been concluded between us and the consumer in accordance with the consumer protection regulations.

17.15 Final Regulations

17.15.1 This Supplement to the Terms and Conditions for Portal Users in the Products section, as well as all of their integral parts, shall enter into force and effect on January 1, 2025.

17.15.2 PHIVIO will enable customers to familiarize themselves with the valid and effective wording of these Terms and Conditions and the Supplement to the Terms and Conditions for Portal Users in the Products section, including their integral parts and annexes, always by publishing them at www.phivio.com/general-business-conditions. The potential customer is obliged to familiarize themselves with the wording of these Terms and Conditions and all documents and information to which they refer, before concluding the contract.

17.15.3 Relationships not otherwise regulated in these Terms and Conditions, as well as in their integral parts and/or annexes, shall be governed by the relevant provisions of the legal regulations valid and effective in the territory of the Slovak Republic, in particular Act No. 513/1991 Coll. Commercial Code (Obchodný zákonník), as amended.

17.15.4 The Seller has the right to amend the text of the Terms and Conditions, as well as its integral parts and annexes at any time, without prior notice to the Customer. If the Terms and Conditions, or any of their integral parts or annexes, are changed, the Terms and Conditions (including the integral parts and annexes) that were published on the Portal website at the time the Customer submitted the Order to PHIVIO shall apply to the Customer's purchase process.

17.15.5 These Terms and Conditions are an integral part of the contract concluded between PHIVIO and its Customer, and are binding on both parties. The legal relationships established by the contract will be governed by the provisions of the purchase contract (i.e. the binding order and order confirmation, or individually agreed terms), the provisions of these Terms and Conditions and the relevant legal regulations. The provisions of the contract take precedence over the provisions of these Terms and Conditions and the dispositive provisions of generally binding legal regulations.

In Bratislava on 01.01.2025

Seller and operator of the Phivio Portal: Phivio s. r. o.

Name and position of the acting person: Mgr. Lucia Machová, managing director