Terms of Service

1. General provisions and definitions

The service provider is Marcin Zajączkowski, trading as Marcin Zajączkowski IT Services, with its registered office in Warsaw, Poland (ul. Srebrna 3/61, 00-810 Warszawa), entered in the Polish CEIDG business register, NIP: 7011281265, REGON: 542948311 ("Visitly", "we"). Contact: contact@visitly-app.com.

• Service: an AI voice assistant answering calls on a dedicated number, booking, rescheduling and cancelling visits, together with a mobile app for the Specialist and SMS confirmations for patients,
• Specialist: a business user (for example a physician, physiotherapist or cosmetologist) using the Service in the course of their profession,
• Patient: a person calling a number handled by the Service,
• Price List: the current pricing published at visitly-app.com or agreed individually.

The Service is intended for professionals (B2B) and is not directed at consumers.

2. What the Service is

As part of the Service we assign the Specialist a dedicated phone number on which the assistant answers around the clock, offers times consistent with the Specialist's calendar, services and working hours, and books, reschedules and cancels visits. At the caller's request, or for matters it cannot handle, the assistant can transfer the call to the Specialist's own number.

The Specialist sees all bookings and call activity in the mobile app and can pause new bookings at any time with one tap.

The Service is currently pre-launch: its feature set may change, and we notify Specialists of such changes in advance.

3. Accounts and requirements

Registration requires accurate details and verification of a phone number by SMS code. The account becomes active when a phone number is assigned to the practice.

The Specialist keeps account and practice details (services, prices, working hours) up to date and protects their sign-in credentials. The Specialist is responsible for actions taken after signing in to the account, unless they result from causes on our side.

Technical requirements for using the Service:

• on the patient side: a working telephone able to place a call to the practice number,
• on the Specialist side: a smartphone running iOS or Android with the Visitly app installed, internet access, and an active email address,
• call quality and availability also depend on the telecom operator and the internet connection.

4. Fees and billing

The Service is paid, per the Price List in force at the time of ordering. The billing period is one month. Prices are stated net, plus VAT. We issue a VAT invoice for each billing period.

Payments are handled by Tpay (Krajowy Integrator Płatności S.A., with its registered office in Poznan, plac Andersa 3, 61-894 Poznan, KRS 0000412357, NIP 7773061579).

During pre-launch testing the Service is provided on individually agreed terms; no Tpay payments are collected in that period.

We announce Price List changes at least 30 days before they take effect; a change never applies retroactively within a paid period.

5. Specialist obligations and acceptable use

The Specialist uses the Service lawfully and as intended. In particular, the following are prohibited:

• using the Service for unlawful or abusive activities or ones infringing third-party rights,
• attempting to bypass security, disrupt the system or access other people's data,
• sharing the number or account with third parties outside their own practice.

As the controller of their patients' data, the Specialist ensures a legal basis for processing and informs patients as required, including that phone bookings are handled by an automated assistant acting on the Specialist's behalf.

6. Processing of patient data

For Patient data, the Specialist is the controller and Visitly the processor. Under these terms (Article 28 GDPR) the Specialist entrusts us with processing to the extent needed to provide the Service:

• data categories: callers' identification and contact details, visit details, call content and transcripts, including health-related information that may come up in a call,
• duration: the period the Service is provided; afterwards we delete or return the data as per section 9,
• we process data only on the Specialist's documented instructions and bind authorised persons to confidentiality,
• we apply the security measures described in the Privacy Policy and assist the Specialist with data subject rights and the obligations under Articles 32-36 GDPR,
• we use the sub-processors listed in the Privacy Policy (section 6); we give advance notice of intended changes, with a right to object,
• on request we provide the information necessary to demonstrate Article 28 GDPR compliance and allow audits within an agreed, reasonable scope.

7. Availability, support and complaints

We aim to keep the Service running continuously but do not guarantee uninterrupted operation: necessary maintenance is announced in advance, and telephony also depends on telecom operators and external providers.

Support and complaints: contact@visitly-app.com. A complaint should describe the problem and identify the account. We respond within 14 days.

8. Liability

The assistant supports the front desk, but speech recognition can make mistakes. The Specialist keeps oversight of their calendar and of call activity visible in the app.

Our liability towards the Specialist is limited to damage caused by wilful misconduct or gross negligence, up to the fees paid for the Service in the preceding 12 months. We are not liable for lost profits or for unavailability caused by failures of telecom operators or other external providers.

These limitations do not exclude liability that cannot be limited under mandatory law.

9. Suspension and termination

The Specialist may terminate the agreement at any time, effective at the end of the paid billing period.

We may suspend the Service or terminate the agreement in the event of a material breach of these terms or payment default, after a prior notice setting an appropriate deadline.

After termination the phone number returns to the pool, and practice and patient data is deleted, or returned at the Specialist's request made within 30 days, except for data we must retain under the law.

10. Changes to these terms

We notify Specialists of changes to these terms by email at least 14 days before they take effect. A Specialist who does not accept the changes may terminate before that date; changes are never retroactive.

11. Governing law and final provisions

These terms are governed by Polish law. Disputes with businesses are resolved by the court competent for the service provider's registered office, unless mandatory law provides otherwise.

The terms are available in Polish and English; in case of discrepancies the Polish version prevails.

The invalidity of a single provision does not affect the validity of the remainder.