Terms and Conditions

A. The Provider is a business company that, as part of its business activities, is engaged, among other things, in the distribution of diagnostic and monitoring devices and in simplifying their use in telemedicine through a software platform (Provider).

B. The Patient's healthcare provider has specified which diagnostic and monitoring device is necessary for the Patient and recommended that the Patient acquire a device with the required specifications. An important aspect of the device's specifications is the healthcare provider's ability to access examination and measurement results in real-time via a secure electronic platform.

1.1. [Legal Framework] For the sake of clarity in the Contract, references to the laws of the Slovak Republic and legal acts of the European Union (always in their latest amendments, supplements, and revisions) are designated as follows:
a) Regulation on Consumer Dispute Resolution Online: Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (online dispute resolution regulation), in its current version;
b) Commercial Code: Act No. 513/1991 Coll., Commercial Code;
c) ADR Act: Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on amendments and supplements to certain laws;
d) Consumer Protection Act: Act No. 108/2024 Coll. on Consumer Protection and on amendments and supplements to certain laws;
e) Healthcare Providers Act: Act No. 578/2004 Coll. on Healthcare Providers, Healthcare Workers, Professional Organizations in Healthcare, and on amendments and supplements to certain laws;
f) Healthcare Act: Act No. 576/2004 Coll. on Healthcare, Services Related to the Provision of Healthcare, and on amendments and supplements to certain laws.

1.2. [Clarification of Terms] Some terms used in the Contract may be interpreted differently, and therefore, their meaning needs clarification or specification; in the Contract, the following terms have the following meanings:
a) The term doctor refers to the healthcare provider or a healthcare worker authorized by them, in accordance with the provisions of the Healthcare Act and the Healthcare Providers Act;
b) The term device may represent multiple devices; however, for clarity, the singular form is always used in the Contract.
c) The term Contract refers to the contract concluded between the Provider and the Patient as the contracting parties, to which these Contractual Terms are attached as Annex No. 4.
d) The term Patient means the person who has entered into the Contract with the Provider.
e) The term Device means the diagnostic and monitoring device specified in Annex No. 1 of the Contract.

2.1. The Contractual Terms supplement the contractual relationship between the Provider and the Patient based on the Contract. The Contractual Terms are an integral part of the Contract and are governed by the provisions of the generally binding legal regulations of the Slovak Republic applicable to this contractual relationship.

3.1. [Delivery of Devices] The Provider shall deliver the Device to the Patient either (i) in person, (ii) by mail with a delivery confirmation, (iii) via a courier service that allows delivery verification, or (iv) to the Patient's doctor, depending on the delivery method selected by the Patient in the Questionnaire, unless the contracting parties agree otherwise. If the Patient chooses delivery to their doctor, the doctor will hand over the Device against a signed handover protocol; in the case of personal delivery, the Provider will hand over the Device against a signed handover protocol.

3.2. [Repeated Delivery] If the Device is delivered by mail or courier, the cost of the first delivery is covered by the Provider. If repeated delivery is necessary, the costs of each repeated delivery shall be borne by the Patient, and the Provider is entitled to charge the Patient for these costs.

3.3. [Instructions and Guidance] Upon delivery of the Device, the Provider shall provide the Patient with the necessary instructions and guidance for the proper use of the Device. The Provider shall ensure that the Patient also receives such instructions and guidance from the doctor if the Patient requests it.

3.4. [Use of the Device] The Patient is obliged to use the Device in accordance with the instructions and guidance provided by the Provider. In the event of failure to do so (e.g., in the case of mechanical interference with the Device), the Provider is not responsible for any defects in the Device.

3.5. [Exclusion of Provider's Liability] The Provider does not monitor the results of the examinations and measurements taken by the Device and is not responsible for the treatment process or any health complications that may arise for the Patient during the use of the Device. The Provider is also not responsible for health complications caused by the use of the Device (e.g., skin reactions to electrodes, etc.) or for any damage resulting from the use of the Device.

4.1. [Processing of Health Data] In fulfilling the Contract, the Provider will process the Patient's personal data, including health data, which is considered a special category of personal data. The processing of personal data related to health is only possible if the data subject (Patient) gives explicit consent for the processing of such personal data for a specified purpose.

4.2. [Provision of Data to the Patient's Doctor] For the proper fulfillment of the Contract by the Provider, it is necessary for the Patient to consent to the real-time provision of examination and measurement results to the Patient's doctor via a secure online platform.

4.3. [Suspensive Condition] The suspensive condition for the effectiveness of the Contract is the Patient’s consent to the processing of personal data related to their health and the provision of such data to the Patient's doctor. This consent may be given in the Questionnaire or via a separate declaration.

4.4. [Identification of the Doctor] The Patient is obliged to immediately provide the Provider with the identification details of their doctor after concluding the Contract, if the Provider does not already have this information from the Questionnaire. The contracting parties agree that until this obligation is fulfilled, the Provider is not required to fulfill its obligations under the Contract (particularly due to the practical impossibility of doing so).

4.5. [Conditions for Processing Personal Data] In providing Devices and telemedicine Services, the Provider will also process some additional personal data of the Patient (mainly the Patient’s name, surname, and contact details). The Provider respects the Patient’s privacy and commits to protecting it and handling the Patient’s data responsibly. The terms and conditions of personal data and privacy protection are detailed in the Privacy Policy, which is available at www.line4health.com/privacy-policy-web-en.

5.1. [Invoices] After the conclusion of the Contract, the Provider will issue and deliver an invoice to the Patient. The Provider will issue invoices for the payment of the Price in electronic form in *.pdf format and deliver them to the Patient's email address. Each invoice must contain all the requirements of a tax document according to the legal regulations in force in the Slovak Republic and must include, in particular:
a) reference to the Contract;
b) the amount and due date of the price;
c) details necessary for payment (IBAN and other required information);
d) the stamp and signature of the authorized representative of the Provider;
e) a copy or reference to the handover protocol for the Device.

5.2. [Electronic Delivery and Sending of Invoices] The Provider prepares invoices (including their attachments) in electronic form and delivers them to the Patient’s email address. The Patient is obliged to promptly inform the Provider in writing of any changes that will (or may) affect mutual communication by electronic means (e.g., a change of email address).

6.1. [Withdrawal from the Contract for Material Breach] Either party may withdraw from the Contract if the other party breaches its obligations, which are designated as material breaches in the Contract, by delivering a notice of withdrawal to the breaching party. The notice of withdrawal must be delivered to the breaching party in writing and must state the specific reason for the withdrawal. The withdrawal from the Contract becomes effective on the day the notice of withdrawal is delivered to the breaching party, or on a later date specified in the notice. To avoid any doubt, the parties agree that the withdrawal from the Contract will become effective even if the reason for withdrawal ceases to exist or no longer applies.

6.2. [Withdrawal from the Contract for Other Breaches] Either party may also withdraw from the Contract if the other party is in default with fulfilling any other obligation under the Contract or otherwise breaches its obligations arising from the Contract. The condition for exercising this right is a written notice addressed to the breaching party requesting remedy within five days of receiving the notice. If the defaulting party does not remedy the default within the specified period, or if the parties do not agree on an amendment to the obligation, the withdrawing party may withdraw from the Contract according to the procedure outlined in the previous paragraph.

6.3. [Other Reasons for the Patient’s Withdrawal] The Patient may also withdraw from the Contract in the context of a complaint in the event of an irreparable or repeatedly repairable defect in the Device or telemedicine services.

6.4. [Other Reasons for the Provider’s Withdrawal] If the Patient withdraws their consent to the processing of health data and its provision to their doctor under the provisions of section 4.1 or 4.2 of the Contractual Terms, it becomes impossible for the Provider to continue fulfilling its obligations under the Contract. Therefore, at the moment of consent withdrawal, the Provider gains the right to withdraw from the Contract.

6.5. [Other Reasons for Withdrawal] Either party may also withdraw from the Contract due to the occurrence of force majeure circumstances. Force majeure circumstances are those that occur regardless of the actions and will of the parties, are unavoidable or insurmountable, and affect the performance of the Contract and could not have been reasonably foreseen or anticipated at the time of the Contract’s conclusion. Either party may also withdraw from the Contract in cases specified in the Civil Code (for example, in provisions of § 575 concerning the impossibility of performance or in provisions of § 517 concerning the debtor's delay).

6.6. [Termination] Either party may terminate the Contract. The termination must be in writing and must state the reason for termination. The notice period is three months and begins on the first day of the month following the month in which the notice was delivered to the other party.

6.7. [Survival of Certain Rights] Rights and obligations of the contracting parties, which by their nature are meant to survive the termination of the Contract, do not cease to exist. This includes, in particular, claims for payment of the Price, claims for damages, or the obligation of the contracting parties to maintain confidentiality of information.

7.1. [Contractual Penalty] If the Patient fails to pay the Price (or a part of it) properly and on time, the Provider is entitled to claim the (statutory) default interest on the unpaid portion of the due Price, for each day of delay, until it is fully paid. The statutory default interest rate is determined as the base interest rate of the European Central Bank increased by 5 percentage points (at the time of the Contract's conclusion, this rate is 9.25%).

7.2. [Rules for Imposing Contractual Penalties] The contractual penalty does not affect the right to claim damages resulting from the breach of the obligation to which the contractual penalty applies, and in the case of multiple breaches, contractual penalties may be applied cumulatively. The liable party must pay the contractual penalty within the period specified in the request for payment of the penalty, which shall not be shorter than five days. Payment of the contractual penalty does not relieve the liable party from fulfilling the obligation secured by the penalty.

8.1. [Rights from Defective Performance] The rights and obligations of the contracting parties regarding the rights from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of the Civil Code and the Consumer Protection Act. The Provider has adopted the following complaint procedure for these cases.

8.2. [Responsibility for Quality] The Provider guarantees that the Device and telemedicine Services will meet the quality requirements for the Device and the provided telemedicine Services according to their nature and will comply with quality standards and legal requirements.

8.3. [Reasons for Complaint] The Patient is entitled to file a complaint regarding defects and shortcomings, particularly in relation to: a) the quality of the Device and telemedicine Services; b) the Price, if the Patient believes that the Price does not correspond to the Price List; c) the non-provision of the Device and telemedicine Services properly and on time due to reasons attributable to the Provider.

8.4. [Exclusion of Liability] Except in cases specifically mentioned in the Contract, the Patient is not entitled to claim defects in the Device and telemedicine Services if (i) they were not provided at all or were not provided properly, on time, and in the required quality due to reasons beyond the Provider’s control (i.e., due to an objective obstacle), (ii) the non-provision of the Device and telemedicine Services properly, on time, and in the required quality was due to reasons on the part of the Patient or a third party, (iii) the Patient failed to comply with the Contract or the Provider’s instructions, (iv) the Patient provided incorrect, incomplete, or misleading information in the Questionnaire, or (v) circumstances excluding the Provider’s liability occurred, (vi) or a decision of a state authority or relevant public authority was issued that prevents the Device and telemedicine Services from being provided at all or properly, on time, and in the required quality.

8.5. [Complaint Period] The Patient is obliged to file a complaint regarding defects and shortcomings without undue delay after they could have been detected with due diligence, but no later than 30 days from the date of delivery of the Device or provision of telemedicine Services; otherwise, the Patient’s right to report defects shall expire. The Provider is obliged to issue a confirmation of the complaint to the Patient, which will be sent immediately after the complaint is made.

8.6. [Method of Complaint] The Patient may notify the Provider of defects in the Device and telemedicine Services either in writing to the Provider’s registered office or by email to: kontakt@line4health.com. In the complaint, the Patient must: a) provide their contact details; b) describe the defect and shortcoming of the Device or telemedicine Services in detail; c) attach any evidence justifying their claim.

8.7. [Handling the Complaint] The Provider or its authorized representative (or other designated person) is obliged to inform the Patient of their rights when making a complaint to the extent specified by the Civil Code and the Consumer Protection Act. Based on the Patient's decision as to which of these rights they are exercising, the Provider will determine the method of handling the complaint immediately, in complex cases within three working days of receiving the Patient's decision, and in justified cases no later than 30 days from receiving the Patient's decision. If:
a) the defect is repairable, the Patient has the right to request from the Provider a free, timely, and proper repair of the defect or an appropriate discount on the Price;
b) the defect is irreparable, the Patient has the right to request from the Provider the free provision of the Device or telemedicine Services or to withdraw from the Contract and receive a refund of the Price paid;
c) the defect is a repeated repairable defect or involves a greater number of defects, the Patient has the right to request an appropriate discount on the Price or to withdraw from the Contract.

8.8. [Proof of Complaint Handling] The Provider is obliged to issue a written document on the handling of the complaint to the Patient within the complaint handling period. The Provider will inform the Patient about the resolution of the claim within the complaint handling period using the same method by which the Patient submitted the complaint.

8.9. [Exclusion of Liability] The Patient has no rights from defective performance regarding defects or damage that occurred after the delivery of the Device or provision of the telemedicine Services other than as a result of the Provider’s breach of obligations.

9.1. [Amicable Resolution] Disputes arising from or in connection with the Contract shall primarily be resolved amicably.

9.2. [Alternative Dispute Resolution] The Patient has the right to request redress from the Provider if they are dissatisfied with the way the Provider handled their complaint or if they believe the Provider violated their rights. If the Provider responds to the Patient’s request with a refusal or does not respond within 30 days from the date of the request, the Patient is entitled to submit a proposal for the initiation of alternative dispute resolution (ADR) in accordance with the ADR Act to an ADR entity from the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic. The Patient may submit the proposal in the manner prescribed in § 12 of the ADR Act; the Patient may also use the form available on the website of the Ministry of Economy of the Slovak Republic and each ADR entity. The option to approach the courts is not affected by this.

9.3. [Important Addresses] The address for submitting electronic submissions to the Slovak Trade Inspection is:

Inspectorate SOI for the Bratislava Region, Bajkalská 21/A, P.O. BOX No. 5, 820 07 Bratislava, Department of Supervision; email: ba@soi.sk;

and for alternative consumer dispute resolution:

Slovak Trade Inspection, Bajkalská 21/A, 827 99 Bratislava 27; email: ars@soi.sk; website: www.soi.sk.

9.4. The contact point under the Regulation on Online Dispute Resolution for Consumer Disputes is the European Consumer Centre of the Slovak Republic, located at Mlynské Nivy 44/A, 827 15 Bratislava, Slovak Republic, email: eccnet-sk@ec.europa.eu; phone: +421 905 528 477.

10.1. [Methods of Communication] Unless otherwise stated in the Contract, any notices, requests, or other documents or information intended for the other contracting party or required by the Contract, as well as any other communication between the contracting parties, will be conducted in Slovak and delivered to the other contracting party by one of the following methods:
a) by email to the email address of the other party as specified in the Contract, if possible, with a request for delivery confirmation or acknowledgment of receipt;
b) by registered mail with a return receipt;
c) by courier service that provides delivery verification.

10.2. [Delivery] A message sent by the above methods shall be considered delivered to the recipient:
a) in the case of email delivery, on the day of receiving a confirmation of successful delivery or receipt of the email message (or an equivalent document), or if the message was not sent with a request for delivery confirmation or acknowledgment, on the day following the message's dispatch;
b) in the case of delivery by mail, on the day of receipt of the message; if the recipient does not accept the message, refuses to accept it, or for other reasons cannot receive the message, the message is considered delivered on the 10th business day after its dispatch;
c) in the case of delivery by courier service, on the day of receipt of the message; if the recipient does not accept the message, refuses to accept it, or for other reasons cannot receive the message, the message is considered delivered on the 10th business day after it was handed over to the courier service.

11.1. [Confidential Information] The contracting parties are obliged to maintain confidentiality regarding all confidential information that has been provided to them or that they have otherwise obtained in connection with the Contract, or that they have become acquainted with during the performance of the Contract, or that relates to the subject of its performance, even after the termination of the Contract, except in the following cases:
a) if the provision of the information is required from the affected contracting party by legal regulations;
b) if the information is publicly available for reasons other than a breach of the confidentiality obligation by the affected contracting party;
c) if the information becomes publicly known after the signing of the Contract, or can be obtained from commonly available information sources after that date;
d) if the information is provided to professional advisors of the affected contracting party (including legal, accounting, tax, and other advisors), who are either bound by a general professional duty of confidentiality or have committed to confidentiality obligations regarding the affected contracting party;
e) if the information is required for the purposes of any judicial, arbitration, administrative, or other proceedings in which the affected contracting party is a participant;
f) if the information is provided with the consent of the other contracting party.

11.2. [Maintaining Confidentiality of Information] Confidential information may not be used by a contracting party for its own benefit or for third parties, provided to third parties, or access allowed to third parties without the prior written consent of the other contracting party. Members of the governing bodies of the contracting parties, auditors, or legal advisors of the contracting parties, who are bound by a confidentiality obligation regarding the information disclosed to them under generally binding legal regulations, are not considered third parties.

12.1. [Representation for Minors] If the Patient is not of legal age, their legal representative must act on behalf of the Patient.

12.2. [Assignment and Set-Off] The Patient is not entitled to unilaterally set off any claims against the Provider arising from the Contract against the Provider's claims without the prior written consent of the Provider. Any assignment or set-off of claims in violation of this paragraph is invalid.

12.3. [Waiver of Rights] A waiver of rights due to a breach of any obligation under the Contract by either party does not constitute a waiver of rights arising from further breaches of that obligation, nor a waiver of rights arising from the breach of another obligation under the Contract, and cannot be interpreted as such. Failure to exercise any right, as well as delay in exercising it, does not constitute a waiver of that right, nor can it be interpreted as such.

12.4. [Severability] If any provision of the Contract is invalid, ineffective, or unenforceable, or becomes so in the future, the remaining provisions of the Contract will not be affected and will remain valid, effective, and enforceable to the fullest extent under the law. The contracting parties will replace any invalid, ineffective, or unenforceable provisions with new ones that are as close as possible in meaning to the provisions that have become invalid, ineffective, or unenforceable.

12.5. [Governing Law] The Contract and its interpretation are governed by the legal order of the Slovak Republic and shall be interpreted in accordance with it, particularly in accordance with the provisions of the Commercial Code and the Civil Code; the same rules apply to the annexes and amendments to the Contract and all non-contractual obligations related to or arising from the Contract.

12.6. [Dispute Resolution] Any disputes arising from the Contract, including disputes regarding its validity, interpretation, or termination, shall primarily be resolved amicably and in good faith. Disputes between the contracting parties that are not settled as per the previous sentence shall be finally resolved by the competent court in terms of subject matter and jurisdiction in the Slovak Republic.

12.7. [Replacement of Previous Agreements] The Contract, along with all its provisions and annexes, constitutes the complete agreement between the contracting parties regarding the subject matter of the Contract and replaces all prior negotiations and written or oral agreements between the contracting parties relating to the subject matter of the Contract.