Terms of Sale and Digital Services for PhysioNotes

1. These Terms set out the rules and conditions for: a) concluding and performing contracts for the sale of licenses and subscriptions for the PhysioNotes desktop software, b) providing electronic services via the jakubdyrszka.dev portal, c) consumer statutory non-conformity rights and right of withdrawal. 2. Seller and Service Provider: Jakub Dyrszka Registered address: ul. Szuwarków 24, 43-100 Tychy, Poland Email: contact@jakubdyrszka.dev | Phone: +48 504 345 289. 3. Applicable to individual consumers, sole traders with consumer protection, and commercial entities (physiotherapists, clinics).

• Application / Software / PhysioNotes – desktop software owned exclusively by Jakub Dyrszka. • Price – gross price in PLN including all applicable taxes. • Customer / User – any legal or physical person entering into an agreement with the Seller. • Consumer – natural person acting outside their commercial or professional capacity. • Portal – jakubdyrszka.dev web services for downloading, ordering, and license verification. • Order – customer declaration initiating contract conclusion. • License / Subscription – non-exclusive right to use the software on a monthly or annual basis. • Digital Content & Services – desktop installer files, activation keys, licensing telemetry.

1. PhysioNotes is a desktop application installed locally on the User's computer, engineered to support scheduling, organizing, drafting visit notes, generating clinical summaries (PDF), and editing text using reference classifications (ICD-10). 2. Medical Records Disclaimer: PhysioNotes is a workflow aid and does not substitute statutory obligations of the practitioner regarding proper maintenance, archiving, and legal compliance of medical records.

1. Intended Purpose: PhysioNotes is intended solely to support organizational, administrative, and clinical documentation workflows of physical therapy practices. It is not intended for automated diagnostics, physiological monitoring, clinical decision-making, or medical hardware control. 2. Medical Device Exclusion (EU MDR 2017/745): Based on the defined intended purpose and features, the Seller does not intend PhysioNotes to function as a medical device under Regulation (EU) 2017/745 (MDR). 3. Reference Materials: Templates, ICD-10 lists, and clinical scales are auxiliary drafting aids and do not constitute automated diagnostic or therapeutic recommendations. 4. Sole Clinical Responsibility: The licensed physical therapist bears exclusive clinical and professional responsibility for all diagnostic assessments, treatment decisions, exercise choices, and patient instructions.

1. Hardware & OS Requirements: • Multicore 64-bit PC or Mac (x64 Intel or Apple Silicon ARM64). • RAM: minimum 4 GB (8 GB recommended). • Disk: minimum 500 MB free storage + space for local database. • Supported OS: Windows 10/11 64-bit; macOS 12 Monterey or newer. • Network: HTTPS/TLS connection required for one-time activation and periodic subscription validation. Daily clinical work runs completely offline. • Active email address and PDF viewer. 2. Mobile platforms (Android/iOS) and emulators are not supported.

1. Free digital services include account maintenance, ordering forms, and license validation. 2. Registration is voluntary via the portal. 3. Users can terminate their account at any time free of charge by contacting contact@jakubdyrszka.dev. 4. Users are responsible for safeguarding login credentials.

1. License Grant: Non-exclusive, non-transferable, time-limited subscription license for professional practice use. 2. Device Seats: Valid for 1 workstation seat by default. Migration to a new machine requires prior deactivation on the existing one. 3. Restrictions: Reselling, sublicensing, public key sharing, and unauthorized reverse engineering are strictly prohibited. 4. Expiration: Subscription lapse restricts editing of new entries. Local database files on User's disk remain intact and accessible.

1. Offered in defined access plans (30-Day Plan / Monthly, 365-Day Plan / Annual). Prices shown are gross amounts in PLN. 2. Fixed Access Period (No Silent Recurring Billing): Payment grants access for the specified duration (30 or 365 days). Payments handled via HotPay do not automatically recharge customer payment methods without explicit order placement. 3. Renewal & Expiration: Prolonging access requires placing a renewal order. Upon expiration, users retain read-only access to existing local clinical records and PDF export capabilities. 4. Payment Processing: Processed by licensed payment operator HotPay (ePłatności sp. z o.o. sp. k., ul. 27 Stycznia 9, 34-120 Andrychów, Poland). 5. Contract Conclusion: Concluded upon customer order confirmation in the Service.

1. Digital content and services (installer, license credential) are delivered electronically immediately upon payment confirmation. 2. Delivery is deemed complete upon transmission of access credentials to user account or email. 3. Technical activation assistance is available at contact@jakubdyrszka.dev.

1. 14-day statutory right of withdrawal applies to Consumers in accordance with applicable consumer law. 2. Immediate service request: Customers may request immediate commencement of digital services and license provisioning before expiration of the 14-day cancellation window during checkout. 3. Statutory consequences: Once digital services are fully initiated or digital content is delivered upon express consumer request, right of withdrawal is governed by statutory limitations under consumer rights regulations. 4. Written notice can be sent to contact@jakubdyrszka.dev.

1. Seller is liable for conformity of digital content and services under EU Consumer Rights Directive provisions. 2. Complaints submitted to contact@jakubdyrszka.dev are reviewed within 14 days on a durable medium. 3. Technical support requests do not constitute formal consumer complaints and are answered consecutively.

1. Periodic updates provide security fixes, OS compatibility, and stability enhancements at no extra charge during an active subscription. 2. Statutory updates necessary to maintain conformity are provided pursuant to legal standards. 3. The Seller is not liable for issues arising solely from User failure to install notified updates.

1. Offline-First Architecture: All patient medical records are stored exclusively on the User's local hardware in encrypted form. In standard operation, the Seller never accesses, stores, syncs, or inspects patient clinical records. 2. User as Sole Data Controller (GDPR): The practitioner acts as sole Data Controller (Art. 4(7) GDPR) and must maintain local workstation safeguards (PIN, BitLocker/FileVault, antivirus). 3. Backup Responsibility: PhysioNotes does not provide cloud backup. The User is strictly responsible for maintaining independent encrypted local backups. 4. Administrative Telemetry: Software communicates with jakubdyrszka.dev only for license checks (email, anonymized deviceId hash, license status, app version). No patient data is ever transmitted.

1. Seller processes buyer account data strictly for order processing, billing, and support under GDPR. 2. Complete details are available in the Privacy Policy.

1. Seller may suspend access for cause (piracy, security threats, non-payment after email reminder). 2. Suspension does not delete local patient database files from the User's computer.

1. Applied solely to commercial B2B clients (excluding consumers and sole traders with consumer privileges). 2. Statutory warranties for non-conformity are excluded to the fullest extent permitted by law. 3. Liability is strictly limited to direct damages (damnum emergens) and capped at fees paid in the preceding 12 months.

1. Amendments occur for legitimate technical or legal reasons with 14 days advance email notice. 2. Subscribed users may terminate their subscription before new terms take effect.

1. Polish and EU consumers can access statutory alternative dispute resolution through municipal consumer ombudsmen and Trade Inspection bodies on a voluntary basis.

1. Governed by Polish law without depriving consumers of mandatory protections of their country of habitual residence. 2. Effective as of July 16, 2026. 3. Includes statutory withdrawal form template.