GENERAL TERMS AND CONDITIONS

PhysioDogtor SaaS Service

Governing language: Hungarian

Name of the Service: PhysioDogtor

Website: https://physiodogtor.com

Application: https://app.physiodogtor.com


1. Details of the Service Provider

The provider of the service defined in these General Terms and Conditions is:

Name: Schmidt-Herke Adrián sole proprietor

Registration number: 62232816

Tax number: 92003819-1-22

Community tax number: HU92003819

Registered seat: 7728 Görcsönydoboka, Csele utca 51.

E-mail: hello@physiodogtor.com

Brand name: PhysioDogtor

The Service Provider uses the name PhysioDogtor as a trade name. The contractual relationship is established between the User/Customer and Schmidt-Herke Adrián sole proprietor.

The hosting and cloud infrastructure provider is Amazon Web Services, Inc. and/or its relevant affiliate. The Service Provider also uses additional external service providers, including in particular Stripe as payment service provider, Billingo as invoicing service provider, as well as e-mail, analytics and other technical service providers. Detailed data processing and processor information is contained in the Privacy Notice and the data processor notice/annex.


2. Definitions

For the purposes of these GTC:

Service Provider: Schmidt-Herke Adrián sole proprietor.

PhysioDogtor / Service: a SaaS administration system made for animal physiotherapists, available as a web application.

Website: the website available at https://physiodogtor.com and its subpages.

Application: the web application available at https://app.physiodogtor.com.

Customer: the business, sole proprietor, business association, practice, office, clinic, organisation or other business/professional actor contracting for the Service, as well as the Workspace Owner acting on behalf of such organisation. The Customer may not be a consumer.

User: a person using the Service in connection with the Customer’s workspace.

Workspace: the separated application environment connected to the Customer, in which the Customer and the Users use the Service.

Subscription: the right to use the Service according to a specific pricing plan, with a monthly or annual billing cycle.

Trial Period: a 14-day free trial period during which the Customer may try the Service according to the plan selected by the Customer.

Customer Data: any data, document, file, entry, calendar data, pet owner data, patient data, treatment information, note or other content that the Customer or its Users upload to, record in or manage through the Service.

Patient: the animal managed in the Service.

Owner: the pet owner or keeper of the animal, or the natural-person contact recorded by the Customer.

GTC: these General Terms and Conditions.


3. Scope and Acceptance of the GTC

These GTC apply to the use of the PhysioDogtor Service, registration on the Website, use of the Application, the trial period, subscriptions, payment, invoicing, and the contractual relationship between the Customer and the Service Provider.

Use of the Service is conditional upon acceptance of these GTC, review of the Privacy Notice, and making the applicable registration declarations.

By accepting the GTC, the Customer declares that it is entitled to act on behalf of the business, practice, organisation or other business/professional actor specified by it, to use the Service for such party, and to start and manage the subscription.

By accepting the GTC, the Customer and the User acknowledge that the Service may be used exclusively for business, professional or organisational purposes, and is not intended for consumer or private-purpose use.

The Service Provider may keep a log of acceptance of the GTC, the Privacy Notice and other legal documents, which may include in particular the time of acceptance, the version of the relevant document, the identifier of the User and the Workspace, the type of acceptance event, and technical identifiers.


4. Business-to-Business Service Only, Exclusion of Consumer Use

PhysioDogtor is a business-to-business SaaS service provided exclusively to businesses, sole proprietors, business associations, offices, practices, professional organisations and other business or professional actors.

The Service may not be used as a consumer, as a private individual, for private purposes, or outside the scope of business/professional activity. Private individuals with a tax number are not entitled to use the Service.

The Customer is obliged to provide true, accurate and verifiable company, business or organisational data. The Service Provider is entitled to carry out company, business or tax number validation as a condition of subscription.

In the case of Hungarian Customers, the Service Provider may verify the validity of the tax number through the queryTaxpayer service of the NAV Online Invoice system. In the case of EU Customers, VIES or another country-specific verification mechanism may be applied; in the case of Customers from the United Kingdom, HMRC VAT verification may be applied. If automatic verification is not available or does not produce a result, the Customer may submit manual proof through support.

The Service Provider is entitled to refuse, suspend or terminate access to the Service if it arises that the Customer or User uses the Service as a consumer, for private purposes, with false company data, without authority of representation, or otherwise not in accordance with its intended purpose.

Since this legal relationship is established exclusively between the Service Provider and the Customer acting within the scope of its profession, independent occupation or business activity, i.e. in a business-to-business relationship, the Customer is not entitled to the withdrawal, termination, conciliation board or other consumer protection rights and rules available to consumers.


5. Subject Matter of the Service

PhysioDogtor is a SaaS administration system made for animal physiotherapists.

The Service may provide, among others, customer, pet owner, patient, documentation, appointment management, statistics, teamwork, permission management and subscription management functions. The exact functions, plan limits, available modules and fees of the Service are indicated on the current Website, in the pricing plan description, in the Application or in an individual offer.

The Service Provider is entitled to develop, modify, expand, simplify, transform or terminate the functions of the Service, provided that this does not result in a material and disproportionate impairment of the Service used by the Customer.

The Service is an administration and documentation tool. The Service does not qualify as a veterinary service, healthcare service, diagnostic system, official authority or statutory record-keeping system, accounting system, invoicing program towards the Customer’s own clients, archiving system, or a system that in itself ensures legal compliance.

The Service does not replace the fulfilment of the Customer’s own professional, veterinary, animal physiotherapy, documentation, data protection, accounting, taxation, archiving or other legal obligations.


6. Professional Liability, AI and Decision Support

The Customer is exclusively responsible for using the Service in a professionally appropriate, lawful manner and in accordance with the professional rules applicable to the services it provides.

The Service Provider assumes no liability for the professional, therapeutic, veterinary, diagnostic, treatment, documentation or business decisions made by the Customer.

AI, automated, decision-support, text-generating, summarising or recommendation functions available in the Service are exclusively informational, administrative or decision-support in nature. Content displayed by such functions does not qualify as a professional fact, diagnosis, therapeutic instruction, veterinary advice or healthcare service.

The Customer is obliged to verify the results of AI or decision-support functions within its own professional responsibility. Professional decisions are in all cases the responsibility of the Customer or the professional acting on behalf of the Customer.


7. Registration, Creation of Workspace

An own Workspace may be created through the Website. During registration, the User provides the data necessary for the use of the Service and the initial setup of the Workspace in a multi-step registration process.

Registration requires e-mail confirmation. Upon registration, a Workspace is created, and the person completing the registration automatically becomes the Customer.

During registration, the Customer may select the pricing plan and billing frequency it wishes to use during the trial period. The plan selected at registration is handled as an intention relating to the trial period; when starting a subscription, the Customer may also select another plan.

During registration, the Customer is obliged to accept the GTC, review the Privacy Notice, and make the declarations relating to authority of representation and business-to-business use.

An invited User may register in the Application on the basis of an invitation. The invited User does not create an own Workspace, but joins the Workspace of the inviting Customer. An invited User may not make contractual decisions on behalf of the Customer.


8. Trial Period

The Service Provider provides a 14-day free trial period. The trial period starts without providing a bank card or billing data.

The trial period does not automatically convert into a paid subscription. A paid subscription starts exclusively on the basis of the Customer’s express decision and a successful payment process.

A Workspace is entitled to a trial period once. A User is entitled to create one own Workspace. The Service Provider is entitled to refuse or terminate access if it detects abusive use of the trial period.

If the Customer starts a subscription during the trial period, the remaining part of the trial period ceases, and the paid subscription as well as the billing period begin immediately.

If the trial period expires and the Customer does not start a subscription, the Workspace is blocked. After expiry of the trial period, the Service Provider retains the data of a Workspace left without a subscription for up to 3 months, after which it may delete such data.

The Customer may request deletion of the Workspace through support at any time, including deletion during the trial period. In the event of such a request, the Service Provider deletes the Customer Data within the shortest possible time, except for data that must be retained further on the basis of a legal obligation, invoicing/taxation purpose, enforcement of claims or legitimate interest.


9. Subscription, Pricing Plans, Prices

The pricing plans of the Service are indicated on the Website or in the Application.

The functions, limits, storage limits, user limits and other conditions of the pricing plans are set out in the current pricing plan description. The Service Provider is entitled to modify the pricing plans, introduce new plans or terminate existing plans.

The prices of the Service are the prices indicated on the current Website, in the Application or in an individual offer.

In the case of Hungarian Customers, the currency of payment is HUF; in the case of foreign Customers, EUR, unless the Service Provider provides otherwise. Prices are indicated in gross form. The Service Provider currently issues invoices as a sole proprietor exempt from VAT.

Invoicing is carried out on the basis of the billing data provided and validated by the Customer, and the applicable tax rules. The Customer is responsible for the consequences arising from providing an incorrect country, tax number, VAT number, billing name, address or other billing data.


10. Duration and Renewal of Subscription

The subscription is an indefinite-term, automatically renewing legal relationship operating in monthly or annual billing cycles.

The subscription fee is payable in advance for the given billing period. The subscription renews automatically until the Customer cancels it.

The Customer may cancel the subscription at any time. Cancellation takes effect at the end of the currently paid billing period. The Customer is entitled to use the Service until the end of the already paid period.

Upon termination of the subscription, the Workspace is blocked.


11. Payment, Stripe, Invoicing

Payment is made through the Stripe payment service provider. The Customer acknowledges that the Stripe payment system, security checks, bank card handling processes and technical terms may also apply to the technical execution of the payment process.

The Service Provider does not store full bank card data. Bank card data is handled by Stripe. The Service Provider may process payment statuses, transaction identifiers, subscription identifiers and technical data provided by Stripe necessary for managing payments.

Stripe may send technical payment notifications to the Customer, including in particular notifications about failed payment, payment retry or expiring bank card. Such notifications form part of the payment and subscription process.

The official invoice is issued by the Service Provider through the Billingo invoicing service and sent to the billing e-mail address provided by the Customer. Any technical confirmation, invoice or payment information possibly displayed or sent by Stripe does not qualify as an official accounting document issued by the Service Provider.

If a technical error occurs in the Billingo system, the subscription may nevertheless be activated; the Service Provider issues the invoice manually or subsequently.

The Customer may report a request for invoice modification, correction or cancellation at hello@physiodogtor.com. In the case of incorrect billing data, the Customer may request modification within 1 month from the issuance of the invoice. The Service Provider assesses the request individually and performs only such modification as is possible under legal and invoicing rules.


12. Plan Change

The Customer is entitled to initiate modification of the subscription plan in the Application.

In the case of changing to a higher plan, the modification takes effect immediately as a general rule. Stripe may handle the fee difference on a pro rata basis, and may request bank confirmation where necessary, for example 3D Secure authentication. If the necessary bank confirmation is not completed, the plan change does not take effect, and the Customer remains in the previous plan.

In the case of changing to a lower plan, the modification takes effect at the end of the current billing period as a general rule.

In the case of a plan change, the credit calculated by Stripe may be handled as credit. The credit may be used for future subscription fees and is not refunded in cash. In the case of changing from a larger plan to a smaller plan, the subscription fee may be covered by credit up to the amount of the credit.


13. Failed Payment, Read-Only Mode, Blocking

In the event of a failed renewal payment, the Service Provider may apply Stripe’s payment retry mechanism. The Service Provider may retry payment at times optimised by Stripe, up to 8 times over 2 weeks.

In the event of a failed renewal, the Workspace enters read-only mode. In read-only mode, the Customer may log in, view its data, open or download its documents, and modify its billing information, but may not create new data, modify existing data or delete data.

In the event of successful payment, the Workspace may automatically return to active status.

If no successful payment is made by the end of the payment retry period, the subscription terminates and the Workspace is blocked. In the event of Workspace blocking, the Customer is able to log in, but sees only a blocked screen, and must contact the Service Provider by e-mail in relation to export, deletion or other administration.


14. Cancellation, Termination, Post-Termination Data Processing

The Customer may cancel the subscription at any time. In the event of cancellation, the Customer may use the Service until the end of the paid billing period.

Following termination of the subscription, the Workspace is blocked. The Service Provider may retain the data belonging to the Customer’s Workspace for up to 1 year after termination of the subscription, in order for the Customer to request export or deletion, and for the Service Provider to handle legal disputes, claims, security events or contractual claims.

Within 1 year after termination, the Customer may request data export or deletion through support. Data export may as a general rule consist of a database export in CSV format and a ZIP file containing the uploaded documents. Export is carried out depending on available resources, without a guaranteed performance time.

In the event of a deletion request by the Customer, the Service Provider deletes the Customer Data, except for data that must be retained further on the basis of a legal obligation, invoicing/taxation obligation, authority audit, enforcement of claims or legitimate interest. Such data may include in particular invoices, billing data, proof of payment, NAV/VIES/HMRC validation responses, manual company validation documents and related evidentiary data.

After expiry of the 1-year retention period, the Service Provider is entitled to delete the data of the Workspace.


15. Refund

As a general rule, the Service Provider does not provide refunds, whether in the case of monthly or annual subscriptions.

In the event of mid-term cancellation of an annual subscription, the Customer is not entitled to a pro rata refund; the Customer may use the Service until the end of the paid period.

Mistaken subscription, incorrect plan selection, forgotten cancellation or another reason falling within the Customer’s sphere of interest does not result in automatic entitlement to a refund.

The Service Provider reserves the right to provide credit or refund on the basis of individual assessment; however, the Customer is not automatically entitled to this, and such decision does not create a future obligation.

In the event of an obvious technical error, double charge or charge of an incorrect amount, the Service Provider investigates the error and, where justified, corrects or refunds the affected amount.

If, due to the Service Provider’s fault, the Customer is completely unable to use the paid Service, the Service Provider may provide credit, extension or other compensation on the basis of individual assessment.


16. Price Change

The Service Provider is entitled to modify the prices of the pricing plans.

In the case of existing subscribers, the Service Provider sends notice of the price change at least 30 days in advance. The new price applies from the next billing period; in the case of an annual subscription, as a general rule from the next annual renewal.

If the Customer does not wish to accept the price change, it is entitled to cancel its subscription before renewal. If the Customer does not cancel the subscription, the new fee shall be deemed accepted upon renewal.


17. User Roles and Permissions

Several user roles are available in the Service, including in particular Owner, Administrator, Editor and Reader roles.

The Customer is entitled to manage the Workspace, start, modify and cancel the subscription, manage billing data, and invite Users.

The permissions of Users are determined according to their role. The Customer is responsible for granting access to the Workspace only to persons who are entitled to such access, and for keeping accesses up to date.

If any employee, contractor or other User of the Customer is no longer entitled to use the Workspace, the Customer is obliged to terminate the access or request the Service Provider’s assistance.

The Customer is responsible for the activity, omission, data processing, permission management and Customer-side use of the Service by its invited Users.

Change of Workspace Owner is not available in the Application on a self-service basis. Change of Workspace Owner may be requested through support and is assessed individually by the Service Provider.


18. Customer Data, Uploaded Content, Documents

The Customer is responsible for all data, documents, files, homework, treatment descriptions, notes or other content that it uploads to, records in, manages in or transmits to a third party through the Service.

The Customer is obliged to ensure that the data managed and content uploaded by it enter the Service lawfully, and that their processing complies with applicable data protection, contractual, professional and other legal requirements.

The Customer is responsible in particular for ensuring that documents, treatment information, images, DICOM or other healthcare/animal-healthcare type documents relating to pet owners, contacts and patients are uploaded lawfully.

The Service Provider does not review the documents and data uploaded by the Customer professionally or substantively. The Service Provider is entitled to remove or restrict any content that is unlawful, prohibited, poses a system security risk, infringes the rights of a third party, or violates these GTC.

The current technical rules of the Service apply to the availability, deletion and restoration of documents uploaded by the Customer. In the event of deletion of documents, the document may first enter a state marked for deletion, and may then be permanently deleted after expiry of the specified restoration period.

The Service Provider does not create a separate backup of file storage; however, for 30 days from permanent deletion completed on the application interface, the Customer may request restoration of deleted files through support. The database is backed up daily, and such backups are retained by the Service Provider for 1 week. Deleted data may technically remain in the database backups until the end of the retention period.


19. Homework and E-mail Transmission

The Service may provide the possibility for the Customer to send homework or other content formulated by the Customer to the pet owner.

The Customer is responsible for such content in all cases. The Service Provider does not review and assumes no liability for the content of homework, instructions, professional descriptions, advice or other messages formulated or transmitted by the Customer.

If dispatch takes place through PhysioDogtor’s built-in e-mail sending function, the Service Provider participates in forwarding the message as a technical intermediary.


20. Prohibited Use

The Customer and the User are not entitled to use the Service in a manner that is unlawful, constitutes breach of contract, poses a system security risk, infringes the rights of a third party, or endangers the intended operation of the Service.

In particular, it is prohibited to:

The Service Provider is entitled to restrict, suspend, block or terminate access affected by prohibited use.


21. Suspension and Termination Due to Breach of Contract

The Service Provider is entitled to suspend, restrict or terminate the access of the Customer or User, in particular in the following cases:

In the event of serious breach of contract, the Service Provider is entitled to terminate or suspend access with immediate effect, without prior warning.

In the event of a less serious or remediable breach of contract, the Service Provider may send prior warning and provide a reasonable deadline for remedying the breach of contract.


22. Support

The Service Provider may provide support by e-mail and through the in-application ticket reporting interface. The general support e-mail address is: hello@physiodogtor.com.

The Service Provider does not undertake a specified support time window or guaranteed response time, unless a separate written agreement is concluded with the Customer in this regard.

Urgent technical problems may be reported by e-mail. The Service Provider acts with the greatest care reasonably expected of it during the investigation and handling of reports.

In the event of support, troubleshooting, security event, legal obligation or the Customer’s express request, the Service Provider may access the Customer’s Workspace and data to the necessary and proportionate extent. The Service Provider limits such access to the necessary extent and duration.


23. Availability, Maintenance, Modifications

The Service Provider endeavours to operate the Service continuously and securely; however, it does not undertake uninterrupted, error-free or specified-percentage availability.

The availability of the Service may be affected in particular by:

The Service Provider is entitled to carry out maintenance, updates or system restructuring. Within reasonable limits, the Service Provider endeavours to provide prior information about significant scheduled maintenance.


24. Data Security, Backups

The Service Provider applies reasonable technical and organisational measures to protect the Service and the Customer Data.

The database is backed up daily and can be restored for 1 week.

The Service Provider does not undertake that the Service in itself is suitable for fulfilling the Customer’s own statutory retention, archiving or backup obligations. The Customer is responsible for properly managing copies, exports or backups necessary for its own professional, legal or business retention obligations.

The Service Provider does not perform automatic virus scanning on uploaded files. The Customer is responsible for uploading only safe, lawful file types permitted by the Service.


25. Data Protection and Data Processing

The detailed rules of data processing related to the use of the Service are contained in the Service Provider’s current Privacy Notice.

The Service Provider acts as an independent controller in respect of certain processing activities, including in particular in the case of registration, subscription, invoicing, payment, support, marketing, security logging, enforcement of claims and service operation.

In respect of personal data uploaded to or recorded in the Service by the Customer, the Service Provider acts as a processor as a general rule, according to the Customer’s instructions. In this case, the Customer qualifies as controller and is responsible for ensuring that the data of data subjects are entered into the Service lawfully.


26. External Service Providers

The Service Provider is entitled to use external service providers, processors and subcontractors for the operation of the Service.

Such service providers may include in particular:

The Service Provider may list external service providers in the Privacy Notice.


27. Intellectual Property

The Service, the software, the source code, the database structure, the user interface, the documentation, the brand name, the graphic elements, the protected knowledge (know-how) and all related intellectual creations constitute the exclusive property of the Service Provider.

During the term of the subscription, the Customer receives a limited, non-exclusive, non-transferable, non-sublicensable right to use the Service in accordance with its intended purpose.

The Customer is not entitled to copy, modify, reverse engineer, resell, rent out, sublicense the Service, or use the Service for the development of its own or a third party’s competing product.

The Customer has control over the Customer Data, documents and content uploaded by it. The Customer grants the Service Provider a technical right of use to the extent necessary for providing, operating, supporting and securing the Service and fulfilling its legal obligations.

On the basis of feedback, ideas, suggestions or functional requests provided by the Customer, the Service Provider is entitled to develop the Service, and the Customer does not acquire any separate right or claim to remuneration in respect of such developments.


28. Limitation of Liability

The Service Provider provides the Service as a SaaS administration system. The Customer acknowledges that use of the Service does not exempt it from its own professional, legal, data protection, documentation, taxation, accounting, archiving and business obligations.

The Service Provider is not liable in particular for:

The Service Provider’s financial liability, obligation to pay damages, together with any claim for non-material damages, contractual penalty, reimbursement claim or any other monetary claim, may not exceed 3 months’ subscription fee of the affected Customer’s current subscription plan, but in any event no more than the total amount actually already paid by the Customer to the Service Provider.

On the basis of the above liability cap, the Service Provider’s liability is always limited to the lower of the following two amounts:

The limitation of liability applies in aggregate to all claims arising from the legal relationship with the given Customer, irrespective of the number of claims, their legal basis or the number of affected Users.

The limitation of liability does not apply in cases where, under Hungarian law, liability cannot validly be excluded or limited, including in particular intentionally caused damages, breach of contract causing harm to human life, physical integrity or health, and cases of liability that may not be limited by law.


29. Force Majeure

The Service Provider is not liable for events that fall outside its control, are unforeseeable or cannot reasonably be prevented.

Force majeure may include in particular natural disaster, war, act of terrorism, epidemic, authority measure, change in law, failure of an internet or telecommunications service provider, significant outage of a cloud service provider or payment service provider, cyberattack, denial-of-service attack or other extraordinary event.


30. Communication, System Messages

The Service Provider communicates with the Customer and Users primarily by e-mail, within the Application or through the Website.

The Service Provider may send system messages in particular in connection with registration, e-mail confirmation, trial period, payment, failed payment, bank card expiry, invoicing, modification of the GTC, modification of the Privacy Notice, security event or service notification.

Marketing newsletters are sent exclusively on the basis of separate consent, and an unsubscribe option is provided in them.


31. Modification of the GTC

The Service Provider is entitled to modify these GTC.

In the case of minor, technical, clarifying or administrative modifications, the Service Provider is entitled to apply the modification with immediate effect and inform the Customers thereof by e-mail or in another appropriate manner. Such modification may include in particular correction of a typo, more precise wording, change in company data, clarification of technical details, update of data processor or vendor list, new support or invoicing information.

In the case of a material modification, the Service Provider provides the Customer with a deadline of at least 15 days to accept the new GTC. The Service Provider sends an e-mail about this and may also display an acceptance interface in the Application.

If the Customer does not accept the material modification within the 15-day deadline, the Service Provider is entitled to block the Workspace. In such case, the Customer may request data export or settlement of the legal relationship through support.

Invited Users may be required upon login to accept or acknowledge the new GTC and/or Privacy Notice; however, they are not entitled to accept a contractual modification on behalf of the Customer.


32. Governing Law, Language, Disputes

These GTC and the legal relationship of the parties are governed by Hungarian law.

The Service may be available in both Hungarian and English. In the event of discrepancy, the Hungarian-language GTC and legal documentation shall prevail.

The parties endeavour to resolve their disputes primarily amicably, through consultation. The Customer may report its complaint or enquiry relating to a legal dispute at hello@physiodogtor.com.

Since use of the Service takes place exclusively in a business-to-business legal relationship, consumer complaint handling, conciliation board and other alternative dispute resolution rules do not apply to the relationship of the parties.

The parties stipulate the jurisdiction of the Hungarian courts for the resolution of legal disputes — depending on competence. It is recommended to finalise the exact jurisdiction clause after review by an attorney.


33. Miscellaneous Provisions

If any provision of these GTC is deemed invalid or unenforceable, this shall not affect the validity of the remaining provisions of the GTC. The invalid provision shall be replaced by a valid provision that comes as close as possible to the parties’ original economic and legal purpose.

The Service Provider is entitled to take the technical, security, legal or business measures necessary for the operation of the Service.

By accepting the GTC, the Customer declares that it has read and understood these GTC and accepts their provisions as binding upon itself.