LEGAL DOCUMENTATION // TERMS & EULA
End-User License Agreement (EULA) & Terms of Service
Document Version: 2.0. Legally binding agreement between the User and Licensor (Jakub Dyrszka) regarding PhysioNotes V2.0 and related web services.
WARUNKI UMOWY // BINDING CLAUSES
1. Grant of License & Offline-First Architecture
1. License Grant: Licensor grants User a non-exclusive, non-transferable, revocable license to use PhysioNotes V2.0 for professional clinical documentation within their medical practice.
2. Zero-Cloud Architecture: All patient medical records are stored exclusively on the User's local hardware in encrypted form. The Licensor has zero access to patient databases.
3. Portal Communication (jakubdyrszka.dev): For license verification and anti-piracy checks, the software communicates over secure HTTPS with the licensing server, transmitting only administrative telemetry: email address, anonymized hardware hash (deviceId), and license status.
2. License Restrictions & Intellectual Property
The User strictly agrees not to:
• Copy, modify, adapt, reverse engineer, decompile, or disassemble the Software.
• Resell, lease, rent, sublicense, or distribute license keys to unauthorized parties.
• Use the Software in any manner violating applicable laws, including GDPR or medical documentation mandates.
3. Not a Medical Device Disclaimer (MDR 2017/745)
• Administrative Character: PhysioNotes V2.0 is an electronic administrative tool supporting clinical organization, record-keeping, and report formatting.
• Medical Device Disclaimer: The Software does NOT constitute a medical device under EU Regulation 2017/745 (MDR). It does not automatically diagnose conditions or control therapeutic equipment.
• Auxiliary Templates: Built-in ICD-10 codes and regional templates are reference aids only. The physiotherapist bears sole clinical and legal responsibility for patient diagnosis and treatment.
4. Practitioner Medical & Legal Responsibility
• Clinical Ownership: The practitioner holds full clinical responsibility for all data, treatment decisions, and patient recommendations generated using the Software.
• Data Controller & Backups: The User acts as the sole Data Controller for patient data and is strictly responsible for physical workstation security and maintaining regular, verified local backups on encrypted external drives.
5. Electronic Services Terms & Complaint Procedure
Under Polish Electronic Services Law (UŚUDE):
• Service Provider: Jakub Dyrszka (jakub.dyrszka@gmail.com).
• Technical Requirements: Internet access and an HTTPS-compatible system are required for license activation.
• Complaint Procedure: Any claims or technical issues regarding portal operation or license activation should be submitted via email to jakub.dyrszka@gmail.com. Complaints are reviewed and answered within 14 business days.
6. Warranty Disclaimer (As-Is) & Limitation of Liability
• The Software is provided "as is" without express or implied warranties of any kind.
• To the maximum extent permitted by law, the Licensor shall not be liable for any indirect, incidental, or consequential damages, including loss of clinical data due to local hardware failure or lost PIN codes. Total cumulative liability shall not exceed the license fee paid during the preceding 12 months.
7. Final Provisions & Governing Law
• Governing Law: This Agreement is governed by the laws of Poland and the European Union.
• Termination: Licensor reserves the right to terminate the license immediately upon breach of terms (e.g., piracy, reverse engineering).
• Amendments: Current EULA terms are maintained and accessible on this page at all times.