Terms of use of the Emmy app (Patient section)

1. Introductory Provisions

1.1 Company Emmy Medical s.r.o., ID: 06785247, with registered office in Levohradecká nas. 1066, 252 63 Roztoky, registered at the Municipal Court in Prague under sp. zn. C 288901 (hereinafter referred to as “Emmys“), operates the Emmy web app (hereinafter referred to as ”Applications“), which simplifies to health care providers (hereinafter referred to as ”PZS“) communication with their patients.
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1.2 These Terms of Use (hereinafter referred to as ”Terms“) govern mutual rights and obligations between you and Emmy if you become a user of the patient portion of the App available at https://moje.sestraemmy.cz/ (hereinafter referred to as “User“), by accepting these Terms and Conditions and completing the establishment of a patient user account in the Application (hereinafter referred to as ”User account“).
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1.3 Emmy is in no way a health care provider. Emmy is merely the operator of the Application as a technical solution for the organization of the provision of health services, which enables, in particular, the PZS on-line connection with the patient. The application is not designed as a medical device within the meaning of Regulation (EU) 2017/745 of the European Parliament and of the Council, on medical devices.
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2. User account and its creation
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2.1. It is not possible to use the application without a User Account. To become a User, you must be a natural person over 18 years of age. When creating a User Account, you are only required to provide your own, complete and truthful data, which you undertake to keep up to date. Please check the data entered carefully before sending. You can also use BankID to register for a User Account.

2.2. By accepting the Terms and Conditions when creating a User Account, you confirm that you have thoroughly familiarized yourself with the text of the Terms and Conditions and agree to the use of remote means of communication when concluding a contract. Upon completion of the User Account creation process (by verifying your email address), a contract is entered into between you and Emmy, which you agree to abide by unreservedly. The contract thus concluded consists of the act of establishing a User Account and the content of these Terms (hereinafter referred to as ”Covenant“). The contract can only be concluded in the Czech language, provided that it is archived by Emma in electronic form and is not accessible.
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2.3. By submitting the completed registration form, you expressly request that a User Account be set up for you online immediately (i.e. before the expiry of the distance withdrawal period), and you agree that in this case you will not have the right to withdraw from the Agreement.

2.4. On the basis of the Agreement, Emmy will manage your User Account in the Application, which allows you to link to the selected PZS for the purpose of submitting online requests (hereinafter referred to as ”demands“), while ensuring that you receive important notifications to your email address regarding changes in the status of your Requests.

2.5. You are obliged to keep your login details to the User Account confidential and not to disclose them to third parties. Otherwise, Emmy cannot ensure the security of your data. You are solely responsible for the actions made through your User Account.


3. Application Usage and Requirements

3.1. The application serves to organize the provision of health services and is not a substitute for a personal visit to a medical facility. Emmy does not guarantee the suitability of using the Application to contact PZS in your particular case. In particular, the application does not serve to contact the PZS in case of urgent medical conditions and does not replace the emergency service line. In case of danger to life, call 112 or 155!

3.2. The purpose of the Application is not to mediate the provision of health services. All presentation of PZS services, especially in their patient requirements templates, is only informative, is not a proposal for the conclusion of a contract by PZS and serves primarily to facilitate communication with your chosen PZS.

3.3. The Application shows PZs who use the Application to receive Patient Requests, and this may be your registrant PZS, or PZS receiving requests from unregistered patients or PZs who do not register patients due to the nature of their services. Availability of PZS in the App is not a recommendation of PZS by Emma, nor a guarantee of the quality of services provided by the PZS. Emmy also does not guarantee that the PZS is authorized to provide relevant health services. Your right to freely choose your health care provider remains unaffected.
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3.4. Emmy does not interfere in any way with the provision of health services and legal relations between you and your chosen PZS. The provision of health services by PZS takes place completely independently of Emmy, and is solely responsible for it by the relevant PZS, which is bound by laws and regulations. Emmy does not bear any responsibility in connection with the provision of health services by PZS.

3.5. Reception and resolution of Requests are completely under the control of your chosen PZS, who is also solely responsible for them. Thus, Emmy does not warrant that your Request will be resolved, that it will be resolved in a timely manner, or that it will be resolved to your satisfaction, and does not assume any liability in this regard. You acknowledge that you do not have the right to ask PZS to resolve your request without a personal visit to a medical facility. You further acknowledge that PZS has the right to delete or archive your Request at any time from the Application, as a result of which the Request will no longer be accessible to you. In the event of the appointment of a representative of the patient, the PZS of your choice is responsible for setting up this representation in the Emmy and for verifying the legal title to represent the patient.

3.6. PZS is solely responsible for fulfilling all statutory information obligations and instructing you in relation to the provision of health services, as well as the use of the Application in connection with it.

3.7. The information provided or communicated to the PSC through the Application, including templates of accepted Requirements, is directly responsible for the relevant PSC, not Emma. Emmy does not oversee this information in any way. Thus, Emmy does not guarantee the correctness and completeness of the information presented or communicated (e.g. the date of the personal visit, performance prices, examination results, etc.), its compliance with legal regulations, or the appropriateness of using the requirements templates of the relevant PZS in your particular case.

3.8. PZS you undertake to address only serious and non-abusive Requests, containing only true and accurate data. You acknowledge that in the event of an order, you are obliged to attend a personal visit to a medical facility within the agreed date. You are obliged to inform the PZS well in advance of any changes or cancellations of the order. Failure to attend an agreed personal visit to a medical facility may cause PZS harm. You acknowledge that PZS may change or cancel your order, especially for important operational reasons.

3.9. By submitting a PZS Request, you expressly agree that PZS may use the Application to respond to the Request (e.g. create an order for a personal visit or send a short message), and you acknowledge that you have considered all aspects of this method of communication, including the security of the Application.

3:10 a.m. You acknowledge that some PZS services may not be covered by your health insurance company or may only be partially covered. The sole responsibility of the selected PZS is to provide information on the prices of these services and any other charges or costs. The application does not allow PZS to accept payments and all payments for services are paid directly to PZS when visiting a medical facility.

3:11 a.m. In the event that you make available to PZS any content (e.g. personal data or personal attributes of third parties, author's works, etc.) using the Application, you agree that you are entitled to do so (in particular, that you have the appropriate licenses, permission or consent), and that by accessing and using the content within the Application, the rights of third parties will not be infringed or otherwise violated by law. You further agree that the uploaded content will not conflict with the good manners or legitimate interests of Emma or PZS. In the event of a breach of these obligations, Emmy reserves the right to remove any content uploaded by you from the App. By uploading the content, you grant Emmy and the chosen PZS permission (in the sense of a copyright license, or permission to use personality attributes, if applicable) to use the relevant content free of charge to the extent necessary to provide the services requested by you.

3:12 a.m. PZS has the possibility to use the extended services of the Application, namely OCR (optical text recognition) and AI models, which process the content made available to you in the Application in a limited way (hereinafter also ”Emmy AI“). After the active selection of the PZS (the PZS will have information about the activation of the extension specified in the PZS profile in the Application), the documents will be converted into text form using OCR technology based on the precise instructions of the PZS, the information for the PZS is prepared in the AI closed environment, which Emmy then sends to the PZS. PZS does not rely on these outputs in any way and must always check compliance with the original. Information on the possible processing of personal data in connection with these services is set out in the provisions Privacy Policy, in particular clauses 3.1 and 5.4 (contains a description of the security measures).

3:13 a.m. Maintaining a User Account is currently free of charge, but Emmy does not guarantee that this will always be the case. Some functionality of the Application may be subject to charges in the future. Due to the free performance provided by Emma, you do not have rights from defective performance. The cost of using the means of remote communication necessary for the conclusion of the Agreement and the use of the Application is borne by you as the User, provided that it does not differ from the basic rate. In connection with the use of the Application, you as a User do not incur any delivery costs or other additional fees.
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3:14 a.m. Emmy makes reasonable efforts to keep the App available, secure and error-free at all times. However, it is a complex IT system that depends, among other things, on the infrastructure of third parties. Therefore, the App is provided to Emmy without any guarantees and obligations regarding the level of services provided, in particular, Emmy does not guarantee that the Application and its individual functionalities will always function flawlessly, will be continuously available and their security will not be compromised, especially due to force majeure, cyber attack, technical failure or regular maintenance. Thus, Emmy will not be liable for any harm that you may incur as a result of the foregoing.

3:15 a.m. Emmy also reserves the right to modify the Application at any time or terminate its operation at any time. Thus, Emmy will not be liable for any harm that you may incur as a result of this.

3:16 a.m. The use of the Application requires an electronic device (computer, mobile phone or tablet) equipped with an Internet connection and a standard Internet browser, as well as a functional mobile number and e-mail address.

3:17 a.m. The application and its content may be protected by intellectual property rights. Based on these Terms, you, as a User, are entitled to use the Application exclusively in the standard manner, which is considered to be the use through the User Account via the web interface, and only for the purposes arising from these Terms. In addition to this permission, you, as a User, do not grant any rights to the Application and its contents. Without prior authorization obtained from Emma or the respective rights holders, the Application, any of its components or content, including source codes, logos and other graphic elements, may not be used other than in the above manner and for the stated purposes. In particular, it is not possible to modify these elements, include them in comprehensive works, or otherwise interfere with it, reproduce it, distribute it, communicate it to the public, lend it or rent it out.

3:18 a.m. You may not abuse and use in relation to the Application any procedures, software tools or scripts that could adversely affect its operation, impair its functionality or cause an unreasonable burden on it, nor engage in any other activity that could constitute unauthorized interference with the Application due to its purpose and functioning.

3:19 a.m. When using the Application, you are obliged to comply with all applicable laws. In the event that you commit a breach of these Terms or applicable laws, as well as in the event of a mere reasonable suspicion of such breach, Emmy reserves the right, without notice and any compensation, to temporarily restrict your access to the Application, or immediately withdraw from the Agreement and terminate your User Account.
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4. Protection of personal data
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4.1. Your personal data is processed in connection with the operation of the Application. Emmy is the controller of your personal data primarily in connection with the management of your User Account in the Application and the operation of its interface. In order to solve your Requests, including ordering for a personal visit, related communications and processing of your medical documentation using OCR and AI models, Emmy is already the controller of the relevant PZS. Emmy and PZS do not in any way act as joint data controllers. Emma's role is limited to providing a technical solution in the form of Application and processing of personal data entered into the PZS Application exclusively for the purposes specified by the PZS and in accordance with its instructions. Emmy does not make decisions about what data, how and for what purpose will be processed through the Application.

4.2. Emmy is bound by a duty of confidentiality in relation to your personal data and undertakes to implement reasonable technical and organizational measures to prevent its leakage or unauthorized manipulation.
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4.3. Our privacy policy regarding the patient portion of the Application is contained in a separate document available hereunder which, however, forms an integral part of these Terms. By agreeing to the Terms, you also agree to the contents of this privacy policy.

4.4. We also use cookies during the operation of the Application. Our cookie policy is contained in a separate document available hereunder which, however, forms an integral part of these Terms. By agreeing to the Terms, you also agree to the content of the stated cookie policy.


5. Final provisions
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5.1. The contract under these Terms is concluded for an indefinite period. As a User, you have the right to terminate the Agreement at any time without giving any reason, by canceling your User Account. You may submit a request for cancellation to Emma's contact listed below, and this request will be processed by Emma without undue delay. Emmy also has the right to terminate the Agreement without giving a reason, by termination with a monthly notice period, which begins on the first day of the calendar month following the sending of the notice to the e-mail address associated with your User Account or after its notification in the Application interface. In connection with the termination of the Agreement, your User Account will be cancelled.
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5.2. As a User, you are not entitled to assign or transfer your rights and obligations from the Agreement to a third party. On the contrary, you agree that all rights and obligations of Emma under the Agreement may be transferred by Emma without further notice to a third party.

5.3. Due to the nature of the Application and its planned development, there may be a need to amend these Terms. Emmy may unilaterally amend these Terms to a reasonable extent, including, in particular, corrections of inaccuracies, changes related to changes in the functionality of the Application or its charging, changes to the price list, changes to the Privacy Policy and Cookie Policy, as well as changes enforced by a change in legislation. Emmy will notify you of any change to the Terms at least 30 days prior to the effective date of the new Terms by posting the new wording in the App interface or on the website www.sestraemmy.cz, in case of major changes, also by a message sent to the e-mail address associated with your User Account. You have the right to reject any changes made to the Terms and, accordingly, terminate the Agreement within 15 days of Emma's notification of the changes. The notice period will be 15 days. If you do not terminate the Agreement within the time limit, you will be deemed to accept the changes to the Terms and their new wording will become part of your Emmy Agreement instead of the original one. The effective version of the Terms is always published within the Application and on the Website www.sestraemmy.cz while you are required to become acquainted with her on an ongoing basis.

‍5.4. You can contact the Emmys with your complaints at the contact below. Complaint handling information will always be sent to the email address associated with your User Account.

5.5. In the event that a consumer dispute arises between Emmy and you as a consumer, which cannot be resolved by mutual agreement, you are entitled to submit a proposal for out-of-court settlement of such dispute to the competent entity for out-of-court consumer dispute resolution, which is: Czech Trade Inspectorate Central Inspectorate - Department of ADR Stepanská 15, 120 00 Praha 2, E-mail: adr@coi.cz, Web: adr.coi.cz. Alternatively, you can also use the online dispute resolution platform set up by the European Commission, available at: https://ec.europa.eu/consumers/odr/.
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‍It's 5.6. All legal relations between you as a User and Emmy arising out of or in connection with the Agreement shall be governed by the laws of the Czech Republic. Any disputes arising out of or in connection with the Treaty shall be resolved by the competent courts of the Czech Republic, exclusively in accordance with the law of the Czech Republic.

5.7. The invalidity of any provision of these Terms shall not affect the validity of the other provisions thereof.

‍5.8. You can contact Emmy with any questions or requests at podpora@sestraemmy.cz.


Version 1.3
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Effective from: August 6, 2024

Downloadable document hereunder.

(Previous version of the document for download hereunder.)