These General terms and conditions contain rules of the MySpine application, application functionality, the rights and obligations of user and author of this application, and also user personal data protection.
By downloading and using this application user accepts these General terms and conditions.
The author of the MySpine application is commerce company MARKER d.o.o., Ulica braće Radić 63, Varaždin, Hrvatska.
The MySpine application is for anyone who has had lumbal or cervical surgery of spine recently or is about to have surgery.
The MySpine application is not free. The user is allowed a trial period of 3 days, after which the application can be purchased on the Google Play and Apple Store platforms.
MySpine collects and organizes user recovery data in one place and allowes the user to access content consisted of advice and information on postoperative recovery with frequently asked questions and useful products that can relieve postoperative recovery.
Certain terms used in this General terms and conditions have this meaning:
The author of the application – company MARKER d.o.o., Ulica braće Radić 63, Varaždin, Hrvatska.
User – natural person who uses MySpine application.
MySpine - an application for mobile phones and tablets that educates the user about the recovery process after spine surgery makes it easier for him to gain access about information of postoperative recovery.
Mobile phone – a mobile phone with access to Internet on which is the posibility of installing additional applications and whose operating system is compliant with technical requirements for using functionality of the MySpine mobile application.
Tablet – a device with Internet access on which there is the posibility of installing additional applications and whose operating sytem is compliant with technical preconditions for using functionality of MySpine mobile application. Step metering and motion statistic are not availabe in the application used on this device.
Report – a detailed interactive report that provides information on the user's recovery progress, which the user can share with their doctor and/or therapist.
PIN – a one-time six digit code that is generated for every report and must be entered when distributing links on report via service for transporting messages or copying and sharing to third parties.
Before installing the MySpine application, and in order for the installation to be successful, the user must ensure:
- internet access
- a device that supports system iOs>= 12 or Android >= 5 (Lolipoop)
- available space for storage of the data on a device
After the installing of the MySpine mobile application, and in order for the application to work properly, the user must:
- accept the General terms of use
- accept the Privacy policy
- register an user account by entering e-mail and password
- enter mandatory data in the application: date of birth, date of sugery, operated part of spine (CS - Cervical spine, LS - lumbar spine), height (for the calculation of lenght of user steps) and weight.
The author of the application provides technical support to the user related to additional questions about the use of the application, difficulties or inability to use the MySpine application.
Technical support is provided by contacting the author of the application via the contact form at https://www.myspine-app.com/en/contact/.
The author of the application will answer all user inquiries as soon as possible.
The MySpine application allows the user to:
- access to daily and walking training, depending on the date of surgery and the operated part of the spine;
- walking program with recommendations for the daily number of steps depending on the number of days elapsed since the operation. In this program, it is possible to independently define a daily goal and subsequently add steps if the user did not have a device while walking. For the most accurate counting of steps, it is necessary to allow the application to monitor physical activity and turn off the battery optimization so that the application is always on;
- counter of allowed sitting time depending on the number of days elapsed since the operation in which the application sends the user a notification that the allowed sitting time has expired;
- access to all statistics of movement records, records of pain and tingling, and daily notes of how the user feels (pain diary);
- access to a historical overview of all activities related to postoperative recovery;
- attaching medical documentation and photographs of the scar;
- sending a detailed and interactive postoperative recovery report to a doctor who is active for 30 days from the date of sending the links;
- a scoring and promotion system through recovery levels in which the user collects points by monitoring daily tasks and monitors their progress;
- statistics of postoperative recovery achievements on how many steps and kilometers the user has made since the day of surgery, how many times he achieved the goal of daily steps and performed walking exercises and training, how many times pain and weight were recorded, how many daily tasks the user did and how many days have passed since the operation, ie since the beginning of the use of the application;
- creating reminders for taking medication;
- recording of pain and weight (neck pain, pain and tingling in the hands, low back pain, pain and tingling in the legs - pain diary);
- sending notifications for daily training and walking training, taking medication, allowed sitting time, moving to a new level in achievements, pain records, daily report on yesterday's number of steps and weekly average of steps taken;
- getting acquainted with useful products and aids that can facilitate the recovery process for the user;
- historical overview of all daily tasks, pains, reminders and daily note pains.
Proper operation of the application
The author of the application enables the technical functioning of the application, ensures its correct operation and provides technical support to the user.
For the application to work properly, the user must update the application regularly.
For the application to work properly and completely, the user must enable the use of sensors to monitor physical activity and turn off battery optimization. If the user does not turn off the battery optimization, the steps may not be counted.
The user of a device that supports iOS> = 12 does not have to turn off battery optimization.
User Responsibility
The user uses the application at his own risk and performs all exercises in accordance with his health capabilities and the recommendations of the doctor and / or therapist. The user is obliged to consult with his doctor and / or therapist before performing the exercises available in the application.
The user has no right to modify, duplicate, distribute or perform any other actions on the application that are not related to the use of the application for the purpose for which it was created.
Material defects
The author of the application is responsible for material defects of the MySpine application, in accordance with applicable regulations.
The user is obliged to inform the author of the application about the existence of visible defects within two months from the day when he discovered the defect, and no later than within two years from the purchase of the MySpine application.
The author of the application is not responsible for defects that appear after two years from the purchase of the MySpine application.
Unilateral termination of the contract
The user has the right to delete his user account and all collected data at any time. The account and all collected data on recovery can be deleted by the user via the item "My account and settings" which is located in the application menu.
The author of the application has the right to delete the user account of the user in case of violation of the provisions of these General Terms and Conditions, violation of the provisions of the law or in case of reporting abuse of the user account.
The author of the application MARKER d.o.o. belong all proprietary and copyright in the MySpine application.
By downloading the application, the user has the right to use the application for the purpose for which it is intended and is not authorized to modify, duplicate, distribute or perform any other actions on the application that are not related to using the application for its intended purpose.
By using the content published in the application, the user does not acquire copyright or ownership rights to the published content or the MySpine application.
The user has no right to use the application for commercial purposes.
MySpine doesn't diagnose conditions or diseases, doesn't guarantee recovery to the user, nor does it replace physical therapy prescribed by a physician and / or therapist. The MySpine app is primarily a tool that allows the user to gather the information he needs for easier recovery after back surgery.
MySpine educates the user about postoperative recovery and allows the user to share a detailed interactive report on their recovery with their doctor and / or therapist.
MARKER d.o.o. is not liable for any direct or indirect pecuniary or non-pecuniary damage or lost profits arising from the user's use of the application and the user uses the application at his own risk.
The user is recommended to follow the recommendations of the doctor and / or therapist and use the application responsibly and in accordance with their physical capabilities.
All trainings in the application were made in cooperation with the professional team of the Lumbalis polyclinic and in accordance with the standard postoperative protocols used in rehabilitation. Each recovery is individual and the user is advised to consult his doctor and / or therapist before performing the exercises.
The exercise program in the MySpine application is not based on user data, but the user independently selects the exercises available in the application.
MARKER d.o.o. doesn't monitor the performance of the user's exercises and doesn't guarantee the effectiveness of the performed exercises. The effect of the exercises can be different for each user, depends on many factors and can lead to side effects and inconvenience caused by performing the exercises available in the application.
All materials contained in the application do not constitute medical advice and serve the user solely for informational and educational purposes. The user is responsible for maintaining his health and conducting the necessary examinations and consultations.
MARKER d.o.o. doesn't guarantee the constant availability of all application functionalities as well as their flawless operation. The user accepts that there may be circumstances that affect the operation of the MySpine application, which are not the responsibility of the author of the application.
By installing the MySpine application and accepting these General Terms and Conditions when first launching the application, the user becomes a user of the application.
Using the MySpine application, we collect user account data (e-mail, password, IP address, name and surname, date of birth, gender) and medical data (date of operation, type of operation).
If an application crashes, application crash data is collected (user device specifications and last few seconds of in-app activity).
Without using the above categories of personal data, it isn't possible to access the application or use the application.
The user can enter into the application data that is not necessary for the basic functioning of the application, such as personal data (height, weight, photo) and medical and health data (history, pain records, movement records, medication time, daily notes). If the User voluntarily enters this information, author of the application will process them.
The data processing manager is MARKER d.o.o., Ulica braće Radić 63, Varaždin, Croatia. The user can contact the processing manager via e-mail: [email protected], and the data protection officer via e-mail: [email protected].
More about data protection The user can find out on the website https://myspine-app.com/en/privacy-policy/.
In case of a dispute, the author of the application and the user will resolve the dispute amicably, and if this is not possible, the court with material and territorial jurisdiction in the Republic of Croatia shall have jurisdiction with the application of Croatian law.
Dispute resolution is possible in front of other conciliation centers.
Consumer disputes can be resolved through the ODR platform of the European Commission:
"https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR".
Author of the application reserves the right to subsequently amend these General Terms and Conditions, of which the User will be notified by posting on the website https://myspine-app.com/en/general-terms-and-conditions/.