Terms of Service
Version date: 2025-12-29
TERMS OF SERVICE (ToS) - DaliCares
These Terms of Service ("ToS") govern the rights and obligations between:
Provider: Ing. Dalibor Jakš, registered office Kalinová 265/3, 612 00 Brno, Czech Republic, Company ID 72414537 (hereinafter "Provider"),
User / Client: natural or legal person who creates an account or uses the Service (hereinafter "User").
The Service is offered through the website www.dalicares.com and related applications/web interface (hereinafter "Website").
Contact: info@dalicares.com
1. Definitions
1.1 "DaliCares" / "Service" means a digital service for client documentation management and related administration for therapeutic practices (e.g., anamnesis, notes, documents, photo documentation, forms, e-signature, exports, bookings, notifications, inventory/products, invoicing, etc.), including offline mode and cloud synchronization.
1.2 "Application" means the web and/or mobile/desktop part of the Service, available on supported devices.
1.3 "Account" means the User's non-public profile in the Application.
1.4 "Subscription" means paid access to paid features of the Service according to the selected plan.
1.5 "Trial period" / "Trial" means a trial period during which the User has access to features without payment according to the current offer.
1.6 "User data" means all content that the User enters or creates in the Service (esp. client documentation, contacts, notes, files, signatures, forms, invoices, etc.).
1.7 "Client data" means personal data of third parties (clients) entered by the User.
2. Acceptance of ToS, order of documents, changes
2.1 These ToS form part of the Service Agreement ("Agreement"). By concluding the Agreement (registering an account and confirming the ToS), the User agrees to the ToS.
2.2 If the Provider concludes an individual agreement with the User (e.g., enterprise/service agreement), the individual agreement takes precedence over the ToS.
2.3 The Provider may reasonably change the ToS (e.g., due to changes in law, security, features, prices, or process). The Provider will inform Users of substantial changes in reasonable advance (typically by email or notification in the Account). If the User rejects the changes, they may terminate the Agreement according to Art. 12.
3. Who may use the Service
3.1 The Service is primarily intended for professional practices (e.g., therapists and wellness practitioners).
3.2 B2B mode: If the User acts within the scope of business or profession, they confirm that they use the Service as a professional.
3.3 Consumers: If the User is a consumer (outside the scope of business), some provisions (esp. limitation of liability, choice of law and court, automatic renewal) apply only to the extent permitted by mandatory law of your country.
3.4 Only persons over 18 years of age (or with legal capacity according to local law) may create an account. The User declares that they meet this condition.
4. Conclusion of Agreement, registration, communication
4.1 The Agreement is concluded when (i) the User fills in registration data, (ii) the User confirms the ToS, and (iii) an Account is created for the User.
4.2 The User is obliged to provide truthful and current data and keep them updated.
4.3 Communication takes place primarily electronically (email, notifications in Account).
5. Description of Service, offline mode, updates
5.1 The Service provides tools for client records and related agenda, including exports, reports, invoicing, notifications, e-signature, forms, and other features according to the current offer.
5.2 Offline-first mode and its limitations. The Service is designed as "offline-first", i.e., it allows some features to be used even without an active internet connection. Offline mode is intended only as a temporary mode to bridge connection outages.
5.3 The Service is not intended for exclusive offline use. User acknowledges that the Service is not designed for long-term or exclusive offline operation. User data processed in offline mode may be stored in local device storage, which may be limited, unstable, or subject to deletion or corruption for technical reasons. For these reasons, the Provider does not guarantee the retention and recoverability of data that remained only in local storage without synchronization.
5.4 Synchronization obligation and data loss prevention. The User is obliged to regularly and without undue delay after connection is restored, synchronize data with the server part of the Service so that the data is securely stored and backed up within the Service.
5.5 The Provider may develop, modify, and update the Service (including UI changes, databases, exports, and compatibility), including for security or legal reasons.
6. Plans, trial period, billing, taxes
6.1 Current plans and their limits are listed on the Website.
6.2 Trial period (Trial) is provided under the conditions stated on the Website.
6.3 After the Trial ends, the Account may be converted to read-only mode; to make further edits, you need to activate a Subscription.
6.4 If you do not activate a Subscription after the Trial ends or within an additional period, data may be securely deleted according to the rules stated on the Website.
6.5 Prices and any taxes (incl. VAT) are governed by information on the Website and payment provider rules.
6.6 The Provider may change prices for the future; the change will apply at the earliest from the next billing period.
7. Payments, automatic renewal, cancellation
7.1 Subscription is paid in advance or according to the selected payment method and billing period.
7.2 If the Subscription is set as recurring, the User agrees to automatic renewal until they cancel the Subscription.
7.3 The User may cancel the Subscription at any time in Account settings; cancellation will take effect on the last day of the already paid period.
7.4 Unless otherwise provided by mandatory law, paid Subscription is not refunded proportionally for unused portion of the period (especially for B2B).
7.5 Unauthorized chargeback is a material breach of ToS and may lead to immediate suspension of Account.
8. License, intellectual property
8.1 The Provider grants the User a non-exclusive, non-transferable, revocable license to use the Service for the duration of the Agreement, within the scope of the plan and in accordance with the ToS.
8.2 You may not (i) copy, modify, decompile, or circumvent security features, (ii) provide sublicenses, (iii) rent or resell access to the Service, (iv) perform scraping or automated extraction without consent.
8.3 All rights to software, UI, trademarks, and documentation belong to the Provider or its licensors.
9. User data, GDPR roles (DPA), exports
9.1 User data remains the property of the User. The Provider makes no claim to ownership of Client data.
9.2 Typically, the User is the controller of Client data and the Provider is the processor. The User declares that they have legal title to process Client data, including special categories of data, if they process them.
9.3 The Provider uses appropriate technical and organizational measures to protect data.
9.4 The Service may allow data export (e.g., CSV/JSON and reports).
9.5 Annex 1 - Data Processing Agreement (DPA) is part of these ToS.
10. User obligations
10.1 The User is responsible for data accuracy, process settings, compliance with professional/regulatory rules in their country, and for securing devices, passwords, and access.
10.2 The Provider is not a healthcare provider; the Service is an administrative tool and does not replace professional judgment.
11. Prohibited use
Prohibited activities include: violating third party rights, entering illegal content or malware, bypassing security, overloading the Service, unauthorized access, using the Service in violation of data protection laws. Violations may lead to suspension/termination of account without refund.
12. Duration, termination, suspension
12.1 The Agreement lasts for the duration of the Trial and subsequently for the duration of the active Subscription.
12.2 The Provider may suspend/terminate the Account if (i) you violate the ToS, (ii) there is a security incident risk, (iii) you do not pay fees, (iv) there was a chargeback, (v) it is necessary due to law/regulation.
12.3 After termination of the Agreement, the Account may be converted to read-only mode. The Provider will retain server User data for a maximum of 90 days from termination of the Agreement so that the User can export and back up their own data. After this period expires, the Provider will securely delete or anonymize User data.
13. Availability, maintenance, support
13.1 The Provider strives for high availability but does not guarantee uninterrupted operation without outages (maintenance, updates, force majeure, third-party outages).
13.2 The Provider will try to announce planned maintenance in advance when reasonably possible.
14. Warranties and disclaimer
14.1 The Service is provided "as is" and "as available" to the extent permitted by law.
14.2 The Provider does not guarantee that the Service will meet all specific regulatory requirements of each country. The User is responsible for local compliance.
14.3 The Provider is not liable for errors caused by the User's device, OS, internet, or third party, nor for damages resulting from incorrect data entry or User processes, to the extent permitted by law.
15. Liability and limitation
15.1 B2B: To the maximum extent permitted by law, the Provider's total liability for any damages arising from the Agreement or in connection with the Service is limited to the amount paid by the User for Subscription for the last 12 months before the claim arose.
15.2 The Provider is not liable for indirect damages (lost profit, loss of opportunity, reputational damage, data loss) if permitted by law.
15.3 User acknowledges the limitations of offline mode according to Art. 5.3 and 5.4.
16. Confidentiality and security
16.1 The Provider uses standard security measures (encryption, access control, monitoring) to protect data.
16.2 The User is obliged to protect their login credentials and not share them with unauthorized persons.
17. Final provisions
17.1 Governing law: These ToS are governed by the laws of the Czech Republic, unless otherwise provided by mandatory law.
17.2 Dispute resolution: Any disputes will be resolved by the competent courts of the Czech Republic, unless otherwise provided by mandatory law.
17.3 Severability: If any provision of the ToS is invalid or unenforceable, the remaining provisions remain in effect.
17.4 Effective from: These ToS take effect on 2025-12-29.
ANNEX 1 - DATA PROCESSING AGREEMENT (DPA)
This annex is part of the ToS and sets out the rules for processing personal data according to GDPR Regulation (EU) 2016/679.
1. Subject and nature of processing
1.1 The Provider processes personal data only to the extent and on the instruction of the User when providing the Service.
1.2 Categories of data subjects: User's clients.
1.3 Categories of data: basic identification data, contact data, health and therapeutic data, photo documentation, session notes, signatures, other data entered by the User.
2. Rights and obligations of the User (controller)
2.1 The User is responsible for the legality of processing and compliance with GDPR towards their clients.
2.2 The User has the right to request deletion or export of data at any time.
3. Obligations of the Provider (processor)
3.1 Process data only according to User instructions and within the ToS.
3.2 Ensure confidentiality of persons with access to data.
3.3 Implement technical and organizational measures according to Art. 32 GDPR (see Annex 2).
3.4 Assist the User in fulfilling obligations towards data subjects.
3.5 Report personal data breaches without undue delay.
4. Sub-processors
4.1 The Provider is authorized to engage sub-processors (hosting, email, payments, etc.) according to Annex 3.
4.2 Users will be informed in advance of substantial changes to sub-processors.
5. Transfer to third countries
5.1 If data is transferred outside the EEA, the Provider will ensure appropriate safeguards according to GDPR (e.g., Standard Contractual Clauses - SCC).
6. Retention period and deletion
6.1 After termination of the Agreement, the Provider will delete or return data according to Art. 12.3 ToS and Annex 4.
ANNEX 2 - TECHNICAL AND ORGANIZATIONAL MEASURES (TOMs)
The Provider maintains appropriate measures according to Art. 32 GDPR:
- A. Access and identity management: authentication, roles and permissions, "need-to-know" principle
- B. Encryption: TLS for transfer, data encryption at rest according to implementation
- C. Backup: regular backups, recovery procedures
- D. Logging and monitoring: tracking access and incidents
- E. Development and updates: vulnerability fixes, change management
- F. Physical security: professional hosting/cloud providers
- G. Offline mode: data in local storage under User control, device encryption recommended
ANNEX 3 - SUB-PROCESSORS
The Provider may use these categories of sub-processors:
- Hosting / cloud infrastructure (e.g., Google Cloud, WEDOS)
- Email and notification services
- Payment services (e.g., Stripe)
- Monitoring and security services
- Analytics (e.g., Google Analytics according to consent)
ANNEX 4 - RETENTION, DELETION AND RETURN OF DATA
1. During the Agreement
The Provider retains data for the duration of the Agreement.
2. After the Trial ends
The Account may be converted to read-only mode. If the User does not activate a Subscription, data may be deleted after 30 days.
3. Termination of Agreement
Export window: 90 days from termination for data download.
Deletion: after 90 days data deleted/anonymized.
4. Local storage
Data in offline mode on User device is not under Provider control.
5. Legal obligations
The Provider may retain data to the extent and for the period established by legal regulations (e.g., accounting documents).