Version: 1.1 Effective date: 6 May 2026 Language: English (controlling) Last updated: 10 May 2026

ICD Diagnostica – Terms and Conditions

These Terms govern your access to and use of the ICD Diagnostica software-as-a-service platform, including the website, web application, APIs, content, and any related services (collectively, the "Service"). Please read carefully – by registering, accessing, or using the Service you accept these Terms.

IMPORTANT – CLINICAL DECISION SUPPORT, NOT A MEDICAL DEVICE. ICD Diagnostica is an informational and decision-support tool intended for use by qualified mental-health professionals. The Service does not constitute a medical device within the meaning of Regulation (EU) 2017/745 (MDR), the U.S. Food, Drug, and Cosmetic Act, or any analogous national regulation. The Service is not intended to diagnose, prevent, treat, or cure any disease or condition, and is never a substitute for the independent clinical judgment of a licensed practitioner. See Section 5.

1.Definitions

Capitalised terms have the following meaning:

"Operator" / "we" / "us" / "our": The legal entity operating the Service under the brand "ICD Diagnostica". Contact: [email protected]. Data-protection: [email protected]. Data Protection Officer: [email protected]. Operator is established in the European Union; no Article 27 GDPR representative is required. Full statutory Imprint will be published at /en/imprint upon completion of registration formalities (Early access status).
"User" / "you" / "your": Any natural person or legal entity that accesses, registers for, or uses the Service.
"Free Plan" / "Clinical Plan": The two service tiers offered: (i) the no-cost "Free" tier with limited symptom analysis and one diagnostic session per 24 hours; (ii) the paid "Clinical" tier with extended limits and the AI-Assist layer, available on a monthly or annual subscription.
"Subscription": A recurring paid plan, billed monthly or annually via Stripe Inc.
"Patient Data": Any input that a User submits about a third-party patient (including symptoms, demographic information, clinical notes, diagnostic codes, and free-text observations).
"Clinical Output": Any ranking, suggestion, score, differential list, AI-Assist output, or other content produced by the Service in response to User inputs.
"ICD-11": The 11th Revision of the International Statistical Classification of Diseases and Related Health Problems published by the World Health Organization (WHO).
"AI-Assist": The Clinical-Plan-only verification layer that re-evaluates Clinical Output using a fine-tuned local language model operated within Operator's closed infrastructure (Section 6).
"Confidential Information": As defined in Section 14.
"Force Majeure": As defined in Section 20.

2.Acceptance and Eligibility

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and accept these Terms. If you do not accept these Terms, you must not use the Service.

You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under the laws of your jurisdiction.

The Service is intended primarily for licensed psychiatrists, clinical psychologists, family physicians, residents, and medical students. By using the diagnostic-support features, you represent that you are a qualified mental-health professional or are using the Service strictly for educational, research, or self-administrative purposes – and that you will not rely on Clinical Output as a substitute for licensed clinical judgment.

Where you access the Service on behalf of an organization (clinic, hospital, university, employer), you represent that you have the authority to bind that organization, and references to "you" include both the individual user and that organization.

3.Account Registration

Registration requires a valid e-mail address and a password meeting the Service's minimum security requirements. You may also register via federated identity providers (e.g., Google).

E-mail verification. Within 24 hours of registration, you must confirm your e-mail address by clicking the verification link sent to you. Unverified accounts will be locked from further use until verification is completed; verification can be re-requested at any time from within the Service.

Account security. You are solely responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. You must notify us promptly at [email protected] upon any suspected compromise.

Account uniqueness. Each natural person may hold one (1) personal account. Multiple-account abuse, sharing of paid accounts, or evasion of plan limits via parallel accounts is prohibited and may result in suspension or termination.

Display name cooldown. Display name (nickname) changes are limited to one change per 72 hours to prevent identity churn. This limit is enforced in the Service and at the database-rules level.

Right to refuse. We may refuse registration, decline to provide the Service, suspend, or terminate any account on the following enumerated grounds: (a) violation of these Terms; (b) violation of applicable law (including data-protection, anti-spam, sanctions, or anti-money-laundering law); (c) non-payment of fees due; (d) use of the Service for illegitimate or unlawful purposes; (e) suspected fraud, identity misrepresentation, or impersonation of another natural person or organization; (f) creation of multiple accounts in violation of Section 3.4 or for the purpose of circumventing plan limits; (g) suspected automated, abusive, or scraping activity; (h) risk to the integrity, security, or availability of the Service or to other Users; (i) legal or regulatory order requiring refusal or termination; or (j) sanctions, embargo, or trade-restriction designation applicable to the User. Where suspension or termination occurs under grounds (a)–(b) or (d)–(h) and is capable of cure, Section 19.4 applies. Where the Operator refuses initial registration, the User may request a brief written explanation by writing to [email protected].

4.Service Description

The Service comprises:

A browser-accessible web application providing structured access to the WHO ICD-11 Mental, Behavioral, and Neurodevelopmental Disorders chapter (6A00–6E6Z).
A proprietary, deterministic ranking algorithm – built manually from the ICD-11 Clinical Descriptions and Diagnostic Guidelines (CDDG) – which produces an informational differential ranking based on User-supplied symptoms.
For Clinical Plan subscribers: the AI-Assist verification layer (Section 6).
Patient-record management, clinical-event history, diagnostic-report export, and other workflow tools as documented within the Service.
Account, billing, support, and account-deletion utilities.

Independence from WHO. ICD Diagnostica is an independent platform. We are not affiliated with, sponsored by, endorsed by, or representing the World Health Organization. ICD-11 content is used under the public license described in Section 7.

Plan limits. Plan-specific limits (number of symptoms per session, daily diagnoses, patient slots, AI-Assist availability) are described on the pricing page within the Service and are part of these Terms by reference. We may modify plan limits prospectively with thirty (30) days' notice (Section 21).

Beta / preview features. Features explicitly marked as "beta", "preview", or "experimental" are provided strictly "as-is" without warranty of any kind, may be discontinued without notice, and are not subject to any service-availability commitment.

5.Medical Disclaimer – No Medical Device

READ CAREFULLY. The Service is an informational decision-support tool. It is NOT a medical device, diagnostic device, or treatment-decision system. It does NOT diagnose, prevent, treat, mitigate, monitor, or cure any disease or condition.

The Service does not fall within the definition of a medical device under Regulation (EU) 2017/745 (MDR), Regulation (EU) 2017/746 (IVDR), the U.S. Food, Drug, and Cosmetic Act, or any analogous national regulation. We make no medical-device claims and have not sought medical-device certification.

All Clinical Output (rankings, suggestions, AI-Assist output, scores, "wyklucza"/"excludes" flags, required-symptom indicators, related categories) is orientational only. The final clinical decision – including diagnosis, differential, treatment, hospitalisation, medication, referral, and risk assessment – rests exclusively with the qualified, licensed practitioner attending the patient.

NOT FOR EMERGENCIES. The Service is not designed for emergency, acute, or life-threatening situations. In any emergency (suicidal crisis, severe agitation, psychosis with safety risk, etc.), contact local emergency services immediately. Do not rely on the Service for time-critical decisions.

Self-diagnosis prohibited. The Service is not intended for self-diagnosis by lay users. If you are not a qualified mental-health professional, you must consult a licensed practitioner regarding any symptoms or concerns.

User responsibility. By using the Service in any clinical context, you assume full professional responsibility for the use of Clinical Output and acknowledge that the Operator bears no clinical responsibility for any patient outcome.

MDR classification record. The Operator has performed a software-classification assessment under MDCG 2019-11 Rev.1 (June 2025) applied to MDR Annex VIII Rule 11. On the basis that (i) Clinical Output is informational and not a diagnostic determination, (ii) the licensed practitioner exercises independent clinical judgment and breaks the causation chain between Output and clinical decision, and (iii) the Service does not implement risk-thresholding, treatment recommendation, or eligibility determination for an individual patient, the Operator has determined that the Service is not a medical device within the meaning of MDR Reg. (EU) 2017/745. The classification rationale is internally documented and reviewable by competent authorities on request. Any future feature that crosses the MDCG 2019-11 boundary (risk scoring, treatment recommendation, eligibility determination) will trigger re-classification and notified-body review prior to release.

6.AI-Assist Layer (Clinical Plan)

What it is. AI-Assist is an optional Clinical-plan feature that surfaces informational suggestions for the clinician. It does not replace clinical judgment; the licensed practitioner makes the final decision (Section 5).

No external AI providers. No User input, Patient Data, or output is transmitted to any third-party AI / LLM provider. Patient Data is never used to train any model.

AI Act notice (Reg. (EU) 2024/1689). AI-Assist is disclosed as an AI feature in line with Article 50(1) of the EU AI Act.

AI Act risk classification. The Operator has performed a self-classification under the EU AI Act (Reg. (EU) 2024/1689) and concluded that AI-Assist is not a high-risk AI system within the meaning of Article 6(2) and Annex III. Reasoning: (i) Annex III point 5(a) (access to / direct access to public services and benefits) is not engaged because AI-Assist does not determine eligibility, access, or denial of healthcare or any public benefit; (ii) Annex III point 8(a) (administration of justice / democratic processes) is not engaged; (iii) the system functions strictly as decision support to a licensed clinician who retains full clinical autonomy and breaks the causation chain between AI output and any clinical decision (consistent with the MDCG 2019-11 analysis at Section 5.6); (iv) per Article 6(3) the system is "intended to perform a narrow procedural task" (informational ranking of candidate ICD-11 codes) and "intended to improve the result of a previously completed human activity" (the clinician's prior intake and observations) – both Article 6(3) carve-outs from high-risk classification; (v) AI-Assist does not perform profiling of natural persons within the meaning of Article 6(3) final paragraph. The classification rationale is internally documented and reviewable by competent authorities on request. Any future feature that crosses the Annex III boundary (autonomous patient-facing diagnosis, eligibility scoring, treatment recommendation) will trigger re-classification, registration in the EU database, and Article 9 risk-management / Article 10 data-governance compliance prior to release.

Article 50 transparency reaffirmed. Notwithstanding the non-high-risk classification in Section 6.4, AI-Assist outputs are clearly marked in the user interface as AI-generated and are accompanied by the disclaimers in Sections 5 and 6.1, satisfying the Article 50(1) general-purpose-AI transparency obligation as it applies on and from 2 August 2026.

7.ICD-11 / WHO Licensing

ICD-11 content displayed within the Service is © World Health Organization, 2019, used under the Creative Commons Attribution-NoDerivatives 3.0 IGO license (CC BY-ND 3.0 IGO). The authoritative version of ICD-11 is the original English text published by the WHO.

If there is any discrepancy between an ICD-11 description shown in the Service and the official WHO publication, the WHO publication controls.

Diagnostic suggestions, rankings, weights, exclusion flags, and AI-Assist output are author-original operationalizations of the ICD-11 framework by the Operator and are not part of the official WHO publication.

The CC BY-ND 3.0 IGO license does not permit redistribution of derivative works of the underlying ICD-11 text. You may not export, re-distribute, or republish ICD-11 textual content from the Service except as expressly permitted by the WHO license.

8.Acceptable Use and Restrictions

You will not, and will not permit any third party to:

reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, model weights, training data, prompts, algorithms, scoring logic, or other underlying structure of the Service – except to the extent permitted by mandatory EU law, in particular Articles 5(3) and 6 of Directive 2009/24/EC on the legal protection of computer programs;
modify, translate, adapt, or create derivative works of the Service except as expressly permitted by the user interface;
remove, obscure, or alter any proprietary notices, watermarks, or attributions;
scrape, crawl, or use any automated means to extract content (other than User's own data via documented export tools);
use the Service to develop or train any competing AI model, dataset, or clinical-decision-support tool;
resell, sublicense, time-share, or provide the Service to any third party as a service bureau or hosted offering;
exceed plan-defined limits through technical workarounds (parallel accounts, automation, multi-tenant abuse);
use the Service to violate any applicable law, including data-protection law, medical-device regulation, anti-spam law, intellectual-property law, or sanctions law;
upload malware, conduct denial-of-service attacks, attempt unauthorized access, or otherwise disrupt the Service;
use the Service in any safety-of-life or safety-of-property-critical application where failure could cause death, personal injury, or environmental damage;
use the Service for self-diagnosis if you are not a qualified mental-health professional.

Equipment. You are responsible for procuring and maintaining the equipment, software, network connectivity, and operating environment required to access the Service.

Monitoring. We have no obligation to monitor your use of the Service but may do so where reasonably necessary to ensure compliance with these Terms, applicable law, or platform integrity. We may suspend or terminate access where misuse is reasonably suspected, with notice where practicable.

9.Subscriptions and Billing

Currencies and pricing. Prices are listed in the Service in EUR (default) or PLN (Polish locale). Stated prices include applicable VAT unless explicitly indicated otherwise. Standard pricing as at the effective date is: Clinical monthly – 19.99 EUR / month; Clinical annual – 199.99 EUR / year (representing a discount versus monthly billing).

Payment processor. All paid Subscriptions are processed by Stripe, Inc. (or a Stripe affiliate authorized in your jurisdiction). The Operator does not receive, process, or store full payment-card numbers. By subscribing, you accept Stripe's terms of service and privacy policy available at stripe.com.

Auto-renewal. Paid Subscriptions renew automatically at the end of each billing period at the then-current price for the same plan duration, unless canceled before the renewal date through the in-app billing settings or via Stripe Customer Portal. Cancellation takes effect at the end of the current paid period; the User retains access until that date.

Plan changes. Switching from monthly to annual results in immediate proration: an unused-monthly credit is applied against the annual price, and the user pays only the difference (Stripe-side proration; the exact amount is shown before confirmation).

Failed payments. Where automatic renewal fails (expired card, insufficient funds, etc.), the Operator may retry the charge in accordance with Stripe's standard dunning policy. After repeated failures, the Subscription may be downgraded to the Free Plan with no further notice.

Pricing changes. The Operator may change prices for future renewal periods only for important and proportionate reasons, namely: (a) an increase in the operating costs of the Service (cloud-infrastructure, payment-processor, security, regulatory-compliance costs); (b) an increase in applicable taxes or duties; (c) the introduction of materially valuable new functionality; or (d) annual indexation to the EU Harmonized Index of Consumer Prices (HICP) published by Eurostat, capped at the published HICP rate for the preceding year. The Operator will notify the User by e-mail and in-app banner at least thirty (30) days in advance of the effective date. The User may, at any time before the effective date, terminate the Subscription with effect on or before that date, in which case the Operator will refund any prepaid fees corresponding to the period after termination. The new price applies only to renewal periods commencing on or after the effective date; it does not apply retroactively to a period for which payment has already been made. The User's acceptance of the new price requires either (i) the User's active continued use of the Service after the effective date with awareness of the change, or (ii) the User's explicit confirmation in-app where one is presented.

Taxes. Stated prices are inclusive of EU VAT where applicable to the User's residency. You are responsible for any other taxes, duties, or governmental charges levied by your jurisdiction.

Promotional codes. Promotional or discount codes are subject to their own terms (validity period, plan eligibility, single-use, non-transferable). Codes may be revoked or invalidated at any time at the Operator's sole discretion.

10.Eligibility – Professional Users Only

The Service is offered exclusively to professional Users acting within their trade, business, craft, or profession (in particular: licensed mental-health professionals, clinics, hospitals, universities, and supervised students or residents of those disciplines acting within their professional training). The Service is not intended for, nor offered to, consumers (natural persons acting outside their trade, business, craft, or profession) within the meaning of Directive 2011/83/EU and the Polish Consumer Rights Act of 30 May 2014.

By registering and using the Service, you confirm that you are acting within your professional activity. The Service is positioned as a B2B / professional tool; consumer-protection rules under Directive 2011/83/EU and the Polish Consumer Rights Act do not apply to professional Users.

11.Refunds and Cancellations

Monthly Subscription. Cancellation of a monthly Subscription takes effect at the end of the current paid month. No prorated refund is provided for the unused portion of the current month. The Subscription will not auto-renew thereafter. Access to Clinical features is retained until the period end.

Annual Subscription – early cancellation. Cancellation of an annual Subscription before period end results in immediate cancellation and a partial refund equal to seventy percent (70%) of the prorated unused portion of the prepaid annual fee, with the remaining thirty percent (30%) retained as an administrative and processing fee. Refunds are processed via Stripe within five to ten (5–10) business days. The exact refund amount is shown before confirmation.

No refund where access has been used. Outside the annual-cancellation rule in Section 11.2, all paid Subscription fees are non-refundable.

Disputed charges. Any dispute regarding a Subscription charge must be raised in writing within thirty (30) days of the charge by contacting [email protected]. Failure to dispute within this period constitutes acceptance of the charge.

Free Plan. The Free Plan is provided at no cost. Free Plan limits and quotas may be changed by the Operator at any time without compensation.

12.Data Protection (GDPR)

The Operator processes personal data in accordance with Regulation (EU) 2016/679 (GDPR), the Polish Personal Data Protection Act, and all applicable national implementing legislation. Detailed information about lawful bases, retention periods, sub-processors, international transfers, and data-subject rights is set out in the Privacy Policy, which forms an integral part of these Terms.

Data residency. Personal data and Patient Data are processed and stored on Google Cloud (Firebase) infrastructure located in the European Union region. Where international transfers are necessary, they are governed by Standard Contractual Clauses (SCCs) and supplementary safeguards as required.

Sub-processors. The current sub-processors of the Service are: Google LLC / Google Ireland Ltd. (Firebase / Google Cloud), Stripe, Inc. / Stripe Payments Europe Ltd. (payments), Cloudflare, Inc. (CDN / DDoS), and Hostinger International Ltd. (transactional e-mail). The definitive list, including each sub-processor's service description, processing location, and applicable transfer safeguard, is published in Annex A of the Data Processing Agreement (single source of truth). Any addition or replacement of a sub-processor will be notified at least thirty (30) days in advance under DPA Section 9.

Account deletion. You may request deletion of your account at any time from within the Service. A 30-day grace period applies before permanent deletion, during which the request can be canceled. Following permanent deletion, personal data is removed from active systems and subsequently from rotating backups in line with the Processor's documented retention policy. Statutory retention carve-out. Notwithstanding the foregoing, billing and invoice records (including Stripe Customer ID, invoice metadata, and amounts) are retained for the period required by Polish accounting law – currently five (5) years from the end of the calendar year in which the transaction occurred under Article 74 of the Accounting Act of 29 September 1994 (Ustawa o rachunkowości). Tax-relevant documents are retained as required under Article 86 § 1 of the Tax Ordinance (Ordynacja podatkowa). Records held under these obligations are processed solely for legal-compliance purposes (Article 6(1)(c) GDPR), are isolated from operational systems, and are not used to re-create the deleted account.

Soft-delete retention for archived patients. Patient records soft-deleted by the User are retained for a limited recovery window before being permanently purged via an automated job.

Data-breach notification. The Operator will notify affected Users and, where required, supervisory authorities of any personal-data breach in accordance with Articles 33 and 34 of the GDPR, without undue delay and where feasible within seventy-two (72) hours of becoming aware.

Data Protection Impact Assessment (DPIA). The Operator has conducted a Data Protection Impact Assessment under Article 35 GDPR in respect of the large-scale processing of special-category Patient Data through the Service. The DPIA documents identified risks, mitigations, residual risks, and the rationale for proceeding without prior consultation under Article 36. A summary of the DPIA is available on request to enterprise Users and to UODO in line with the Operator's Article 35(9) cooperation duty.

Records of processing. The Operator maintains a record of processing activities under Article 30(1) GDPR. The record is made available to UODO on request under Article 30(4) GDPR.

13.Patient Data – Controller / Processor Roles

Roles. Where the User submits Patient Data through the Service, (a) the User is the Data Controller for that Patient Data and is solely responsible for establishing a lawful basis for processing under Article 6 (and where applicable Article 9) of the GDPR; (b) the Operator acts as the Data Processor processing Patient Data on the User's documented instructions for the purpose of providing the Service.

Data Processing Agreement (DPA). The Data Processing Agreement published at https://icd-diagnostica.com/en/dpa governs the controller/processor relationship between the User-as-Controller and the Operator-as-Processor with respect to all Patient Data. By accepting these Terms and using the Service to process Patient Data, you accept the DPA in full; the DPA forms an integral part of these Terms and satisfies the written-contract requirement of Article 28(3) GDPR. The DPA contains all eight mandatory elements of Article 28(3)(a)–(h): documented instructions, confidentiality obligations, security measures (Art. 32), sub-processor terms (Art. 28(2) and (4)), assistance with data-subject rights (Arts. 12–22), assistance with security/breach/DPIA obligations (Arts. 32–36), return-or-deletion at end of processing, and audit/inspection rights. A signed PDF copy of the DPA is available on request to [email protected]. Where a User's sectoral law (e.g., national health-data legislation) requires specific contractual safeguards beyond the published DPA, those will be agreed in a separate signed amendment.

Special-category data. Patient Data may include "special category" data under Article 9 GDPR (data concerning health, mental health). The User warrants that they have obtained all consents, established the legal grounds, and complied with all professional-secrecy and codes-of-conduct obligations applicable in their jurisdiction (including, in Poland, the Act on the Profession of Physician of 1996 and the Act on Patient Rights of 2008).

Anonymization / pseudonymisation. Users are strongly encouraged to use pseudonyms or non-identifying labels for patient records and to avoid storing direct identifiers (national ID, full address, etc.) where not strictly necessary.

No secondary use. The Operator will not use Patient Data for any purpose other than (i) providing the Service to the User; (ii) security and incident-response; (iii) technical performance monitoring; (iv) legal compliance; and (v) production of aggregate, fully anonymized, non-identifiable analytics. Patient Data will never be sold, monetised, used to train external models, or shared with any third-party advertising or analytics service.

No joint-controllership. The User-as-Controller and the Operator-as-Processor expressly reject any construction of their relationship as a joint-controllership within the meaning of Article 26 GDPR or the case law of the Court of Justice of the European Union (in particular Case C-40/17 Fashion ID, Case C-210/16 Wirtschaftsakademie, and EDPB Guidelines 07/2020 on the concepts of controller and processor). The Operator does not determine the purposes of processing Patient Data; the Operator's role is limited to processing on the User's documented instructions for the purpose of providing the Service. Operational parameters set by the Operator (default retention windows, soft-delete grace periods, backup roll-off cycles, security architecture, sub-processor selection, AI-Assist availability) are means of processing chosen for the technical and organizational delivery of the Service; they do not constitute determination of purpose. The User remains free to override default retention by issuing earlier deletion instructions, and remains the sole determinant of the lawful basis under Articles 6 and 9 GDPR for any specific processing of Patient Data within the Service. Where applicable national or sectoral law nonetheless re-characterises the relationship as joint-controllership for a specific processing operation, the parties will execute a separate Article 26 arrangement allocating responsibilities for that operation.

14.Confidentiality and Proprietary Rights

Each party (the "Receiving Party") acknowledges that the other party (the "Disclosing Party") has disclosed or may disclose non-public business, technical, financial, or operational information ("Confidential Information"). Confidential Information of the Operator includes, without limitation, the architecture, source code, model weights, fine-tuning corpus, prompts, scoring logic, internal test results, performance metrics, and product roadmap. Confidential Information of the User includes, without limitation, Patient Data and User-specific clinical workflows.

The Receiving Party will not disclose any Confidential Information of the Disclosing Party without the Disclosing Party's prior written consent, except to its officers, directors, employees, contractors, or professional advisers who have a reasonable need to know in connection with the Service and who are bound by confidentiality obligations no less protective than those herein.

Confidential Information does not include information which (i) is or becomes public through no fault of the Receiving Party; (ii) was lawfully known to the Receiving Party before disclosure; (iii) is rightfully received from a third party without breach of confidentiality; (iv) is independently developed by the Receiving Party without reference to the Disclosing Party's information; or (v) is required to be disclosed by law, regulatory authority, or court order, provided that the Receiving Party gives the Disclosing Party prior notice (where legally permitted) and reasonable assistance in any contest of the disclosure.

Each party will use no less than the same standard of care to protect the Disclosing Party's Confidential Information as it uses to protect its own confidential information of like importance, and in any event no less than reasonable care.

15.Intellectual Property

Operator IP. All right, title, and interest in and to the Service, including the source code, object code, look and feel, design, user interface, scoring logic, AI-Assist model and weights, prompts, training data, fine-tuning corpus, documentation, and any modifications, enhancements, or derivatives thereof, remain the exclusive property of the Operator (or its licensors).

User license. Subject to your compliance with these Terms, the Operator grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal clinical, educational, or personal use during the Term. No other rights are granted, expressly or by implication.

User Data. You retain all right, title, and interest in and to data you submit through the Service, including Patient Data and User-generated content. You grant the Operator a limited, worldwide, non-exclusive, royalty-free license to host, process, transmit, store, and display such data solely for the purpose of providing the Service to you (Section 13.5).

Aggregated analytics. The Operator may collect, aggregate, and de-identify usage and performance data (excluding Patient Data) for the purpose of operating, maintaining, securing, improving, and benchmarking the Service. Such aggregated, anonymized information remains the property of the Operator.

Feedback. If you submit suggestions, ideas, enhancement requests, or other feedback ("Feedback"), you grant the Operator a perpetual, irrevocable, non-exclusive, royalty-free, worldwide right to use, reproduce, modify, adapt, translate, publish, distribute, and exploit such Feedback in any form and on all known fields of exploitation (pola eksploatacji) listed in Article 50 of the Polish Copyright Act of 4 February 1994 (Ustawa o prawie autorskim i prawach pokrewnych), including without limitation: (i) recording and reproduction by any technique; (ii) marketing of the original or copies; (iii) distribution, lending, or rental; (iv) public performance, exhibition, display, broadcast, retransmission, and making available to the public over the internet at a place and time individually chosen by the recipient. The financial copyright (autorskie prawa majątkowe) is licensed under this Section 15.5 in line with Article 41 of the Polish Copyright Act. The moral rights of authors (autorskie prawa osobiste) under Article 16 of the Polish Copyright Act are non-transferable and unwaivable for natural-person authors and remain with you notwithstanding this license; you undertake, however, not to exercise those moral rights in a manner that would prevent the Operator's use of Feedback as authorized in this Section. The Operator is under no obligation to use, attribute, or compensate Feedback.

Trademarks. "ICD Diagnostica" is a trade name used by the Operator; no registered trademark is currently asserted. No right to use the Operator's name or branding is granted by these Terms beyond fair, descriptive, and nominative use permitted by applicable trademark law. "ICD-11" is a designation of the World Health Organization (Section 7).

16.Indemnification

Indemnification by User. You will indemnify, defend, and hold harmless the Operator and its affiliates, officers, directors, employees, contractors, and agents from and against any and all third-party claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

your breach of these Terms or any applicable law;
your wilful misconduct or negligent acts or omissions;
any clinical decision you make based on Clinical Output;
any patient or third-party claim arising from your use of the Service in a clinical setting;
your unauthorized disclosure of Patient Data;
your infringement of any third-party intellectual-property right or privacy right.

The Operator will promptly notify you of any claim subject to indemnification and provide reasonable cooperation, at your expense. You will not settle any indemnified claim without the Operator's prior written consent (not unreasonably withheld) where the settlement would impose any obligation or admission on the Operator.

17.Warranties and Disclaimers

Limited warranty. The Operator will use commercially reasonable efforts to maintain the Service in conformance with its published documentation. The Service may be temporarily unavailable for scheduled or emergency maintenance, third-party outage, force majeure, or other causes beyond the Operator's reasonable control.

Mandatory law. Nothing in these Terms excludes or limits liability for damage caused by the Operator's intentional fault, in line with Article 473 § 2 of the Polish Civil Code (Kodeks Cywilny), under which an advance exclusion of liability for damage caused intentionally is null and void.

17.3. EXCEPT FOR THE LIMITED WARRANTY ABOVE AND ANY NON-WAIVABLE CONSUMER RIGHTS UNDER APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE OPERATOR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, AND SECURITY. THE OPERATOR DOES NOT WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR THIRD-PARTY SOFTWARE, OR THAT IT IS RESISTANT TO HACKING, MALICIOUS INTRUSION, OR ANY OTHER UNAUTHORIZED ACCESS. THE OPERATOR MAKES NO REPRESENTATION REGARDING THE CLINICAL ACCURACY OR THERAPEUTIC SUITABILITY OF ANY CLINICAL OUTPUT.

18.Limitation of Liability

Nothing in these Terms excludes or limits a party's liability for (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence or wilful misconduct; (iv) damage caused intentionally (Article 473 § 2 of the Polish Civil Code, which renders any advance exclusion or limitation of liability for intentional damage null and void); or (v) any other liability that cannot be excluded or limited under applicable law.

Cap on direct damages. Subject to Section 18.1, the aggregate liability of the Operator and its affiliates arising out of or in connection with these Terms or your use of the Service – whether in contract, tort (including negligence), strict liability, statute, or otherwise – will not exceed: (a) for paid (Clinical-Plan) Users, the total fees actually paid by you to the Operator during the twelve (12) months immediately preceding the event giving rise to the claim; (b) for Free-Plan Users, one hundred euros (EUR 100) per incident or in aggregate over any twelve-month period, whichever is greater.

18.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY, IN NO EVENT WILL THE OPERATOR OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE, COST OF SUBSTITUTE SERVICES, BUSINESS INTERRUPTION, OR LOSS OF ANTICIPATED SAVINGS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE SERVICE, EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Clinical-context exclusion. In particular, the Operator shall not be liable for any clinical decision made by the User, any patient outcome (including diagnostic, therapeutic, prognostic, or risk-related outcomes), any failure of clinical judgment, any reliance on Clinical Output as a substitute for licensed practice, or any third-party patient claim arising from such use. The clinical responsibility rests entirely with the licensed practitioner (Section 5).

19.Term and Termination

Term. These Terms commence upon your first registration or use of the Service and continue until terminated in accordance with this Section.

Termination by User. You may terminate your account and these Terms at any time by initiating account deletion through the Service or by written request to [email protected]. Termination is subject to Section 11 (cancellation of paid plans) and Section 12.4 (deletion grace period).

Suspension and termination by Operator. The Operator may suspend or terminate your access to the Service, in whole or in part, in the event of: (a) non-payment of fees due; (b) material breach of these Terms (subject to Section 19.4 cure period); (c) violation of applicable law; (d) immediate risk to the Service, other Users, or third parties (e.g., active security incident, fraud in progress); (e) legal or regulatory order; or (f) abuse, fraud, or attempted unauthorized access. For grounds (a), (c), (e), and (f), termination may be immediate and without prior notice. For ground (d), suspension may be immediate; termination follows the cure procedure in Section 19.4 unless the immediate-risk condition itself constitutes a material breach incapable of cure.

Cure period for material breach. Where the Operator alleges material breach under Section 19.3(b), the Operator will give you written notice describing the breach with reasonable particularity. You will have thirty (30) days from receipt of the notice to cure the breach. If you cure the breach within the cure period, termination does not take effect. If you fail to cure, the Operator may terminate at the end of the cure period or any time thereafter.

Effects of termination. Upon termination: (i) your right to access and use the Service ceases; (ii) all accrued payment obligations remain enforceable; (iii) all licenses granted under these Terms terminate; and (iv) Patient Data and other User Data are subject to the deletion procedures described in Section 12.

Survival. Sections that by their nature should survive termination – including, without limitation, definitions, intellectual-property rights, confidentiality obligations, indemnification, warranty disclaimers, limitations of liability, governing law, and miscellaneous – survive termination of these Terms.

20.Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms (other than payment obligations) caused by events beyond the party's reasonable control, including without limitation: acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, strikes, embargo, sanctions, governmental action, denial-of-service attacks, internet-backbone failures, cloud-provider outages, or interruptions of utility services ("Force Majeure").

Where Force Majeure affects the Operator's ability to provide the Service for thirty (30) consecutive days or more, the User may terminate the affected Subscription with prorated refund of unused prepaid fees.

21.Modifications

Service modifications. The Operator may modify, update, or discontinue features of the Service at any time, provided that no such change will materially diminish the core functionality and value of a paid Subscription during a paid term. Material changes that diminish core functionality entitle paying Users to a prorated refund.

Terms modifications. The Operator may amend these Terms from time to time for important and proportionate reasons (changes in applicable law, supervisory-authority guidance, technical or commercial conditions of providing the Service, or feature additions or modifications). Material amendments will be notified by e-mail and/or in-app banner at least thirty (30) days in advance, and the new Terms will become effective on the date specified in the notice. Continued use of the Service after the effective date constitutes acceptance of the amended Terms; if you do not accept the amended Terms, you may terminate your account before the effective date.

Non-material amendments (clarifications, corrections, formatting, contact details, sub-processor list updates) take effect immediately upon publication.

22.Governing Law and Dispute Resolution

Governing law. These Terms and any dispute or claim arising out of or in connection with them are governed by and construed in accordance with the laws of the Poland, excluding its conflict-of-laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Jurisdiction. The Service is offered to professional Users only (Section 10). The courts of Warsaw, Poland have exclusive jurisdiction over any dispute, controversy, or claim arising out of or in connection with these Terms.

Informal resolution. Before initiating any legal proceeding, the parties will attempt in good faith to resolve any dispute by negotiation, by sending a written notice describing the dispute to the other party at the contact addresses below.

23.Notices

Notices to the Operator must be in writing in English and sent to [email protected] (for general matters) or to such other address as the Operator may publish on its website.

Notices to the User may be given by e-mail to the address associated with the User's account, by in-app banner or notification, or by registered mail to a postal address provided by the User. E-mail notices are deemed received on the day they are actually received in the User's mailbox (or, where actual receipt cannot be established, on the next business day after dispatch). The User is responsible for keeping the e-mail address associated with the account current and for ensuring that messages from `*@icd-diagnostica.com` are not blocked by spam filters.

24.Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any DPA executed between the parties, constitute the entire agreement of the parties relating to the subject matter and supersede all prior or contemporaneous agreements, understandings, and communications, whether oral or written.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right or any other right.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the Operator's prior written consent. The Operator may assign these Terms without consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties. Neither party has authority to bind the other.

Third-party beneficiaries. No third party has any right to enforce any provision of these Terms.

Language. These Terms are made in English, which is the controlling language. Translations are provided for convenience only; in the event of any inconsistency between the English and a translated version, the English version prevails.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

Counterparts and electronic signature. Where these Terms are executed (e.g., via a click-through, electronic-signature, or counterparty signature on a DPA or order form), each electronic counterpart, click-acceptance, or copy will be deemed an original and binding.

25.Contact

For any question regarding these Terms, the Service, billing, data protection, security, or any other matter:

Brand: ICD Diagnostica – Early access (full statutory Imprint published at /en/imprint upon completion of registration formalities)
General contact: [email protected]
Data Protection / GDPR / DSAR / DPA requests: [email protected]
Data Protection Officer (Inspektor Ochrony Danych): [email protected] – appointed under Article 37(1)(c) GDPR
Security disclosures: [email protected]

Supervisory authorities. You have the right to lodge a complaint with the competent data-protection supervisory authority (Article 77 GDPR). AI Act supervision (when designated): the Polish national competent authority for the EU AI Act (Reg. 2024/1689) will be published on this page once formally designated.

Acknowledgement. By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and accepted these Terms and Conditions in their entirety, including the medical disclaimer in Section 5, the limitations of liability in Section 18, the AI-Assist disclosures in Section 6, and the Data Processing Agreement at /en/dpa (Section 13.2).