Terms for specialists

These terms are entered into by asm studio s. r. o., Pod Huru 377/12, 082 71 Krivany, Slovakia, Company ID 56646321, registered in the Obchodný register Okresného súdu Prešov, oddiel Sro, vložka 48968/P (“Bubi”), and the natural or legal person who opens a specialist account on the Bubi platform (the “Specialist”).

The contract is formed by accepting these terms at registration. Annex 1 to these terms is the Data Processing Agreement.

1.1 Bubi is an online platform that brokers contact between users and specialists and provides the technical environment for a consultation — the booking system, video call, messages and payment gateway.

1.2 Bubi does not provide healthcare. Under § 2(1) of Act No 576/2004 Coll. healthcare is “a set of working activities performed by healthcare professionals”. Bubi employs no healthcare professionals and performs no such activities.

1.3 Bubi is not a party to the relationship between the Specialist and the user. Under § 12(1) of Act No 576/2004 Coll. the legal relationship in the provision of healthcare arises “on the basis of an agreement concluded by the person with the provider” — not with the platform operator.

1.4 Independence. The Specialist acts in their own name, on their own account and at their own responsibility. They are not an employee or representative of Bubi, they are not subordinate to Bubi and Bubi is not superior to them. Bubi gives them no instructions on how to carry out their activity, does not set their working time or place and does not assign clients to them — the user chooses the Specialist themselves from the profiles. The Specialist decides when and how many slots they publish and at what price.

1.5 Nature of the contract. This contract is an innominate framework contract under § 269(2) of the Slovak Commercial Code. Bubi undertakes (a) to pursue activity aimed at giving the Specialist the opportunity to conclude a consultation contract with a user, and (b) to provide them with the technical environment under clause 1.1 for that purpose; the Specialist undertakes to pay commission for this under article 6. Sections 642 to 649 of the Commercial Code apply mutatis mutandis to the performance under (a). Sections 650 and 651 of the Commercial Code do not apply — the duration and termination of the contract are governed solely by article 9, and Bubi acquires no right to commission on a booking created after this contract ends.

1.6 Regime of the relationship. The Specialist declares that they enter into this contract as an entrepreneur in the course of their business; the relationship is therefore governed by Part Three of the Commercial Code under § 261(1). Should that condition not be met, the parties have agreed under § 262(1) of the Commercial Code that their obligation relationship is governed by the Commercial Code.

1.7 Nature of Bubi's powers. Bubi's powers under clauses 5.3 and 9.3 are measures for administering the platform and enforcing its rules towards all specialists. They are not instructions on how the Specialist carries out their activity and do not create a relationship of superiority and subordination.

1.8 No exclusivity. The Specialist is not tied to Bubi in any way. They may provide their services in parallel in their own practice, through another platform or by any other route, and Bubi imposes no non-compete obligation on them.

1.9 Costs and contributions. The Specialist bears their own costs of carrying out their activity, including equipment and connectivity, and meets their own tax and social security obligations. Bubi provides them with no tools or working means beyond the technical environment under clause 1.1.

2.1 they hold all authorisations required for their activity — in Slovakia a trade licence or a permit under Act No 578/2004 Coll., in the Czech Republic a trade or other authorisation under Czech law — and that those authorisations also cover providing the service remotely;

2.2 the information they give about themselves on the platform — education, experience, certificates and documents — is true and can be substantiated;

2.3 they will notify Bubi without undue delay if their authorisation lapses or is suspended or restricted;

2.4 they hold professional liability insurance to the extent customary for their activity.

2.5 Categories requiring an authorisation. Where Bubi states a required authorisation for the category in which the Specialist offers consultations, the Specialist will substantiate it before their account is approved and will report its lapse or suspension under clause 2.3. As at the date of this contract no category requires an authorisation; the mechanism is retained in case the law changes.

3.1 On the platform the Specialist provides guidance and support, not healthcare.

3.2 The Specialist must not diagnose. Under § 2(9) of Act No 576/2004 Coll., diagnosis is “the ascertainment and assessment of a person's state of health …; its result is the determination of a disease”.

3.3 The Specialist must not treat. Under § 2(10) of the same Act, treatment is “the deliberate influencing of a person's state of health in order to restore their health, prevent further deterioration of their state of health or alleviate the manifestations and consequences of their disease”.

3.4 The Specialist gives no binding instructions. They provide non-binding recommendations, and the user decides for themselves whether to act on them.

3.5 Referral to a doctor. If it emerges during the consultation that the matter is medical, the Specialist does not carry it further themselves but refers the user to a doctor or another healthcare provider. At any sign of danger to life or health they refer the user to the emergency line or to a crisis helpline.

3.6 These limits apply equally to the video call, to written messages in the consultation thread and to texts on the profile.

4.1 Information and informed consent. Where the Specialist's activity requires information and informed consent under § 6 of Act No 576/2004 Coll., the Specialist obtains them. The Bubi platform neither collects nor replaces them.

4.2 Medical records. Where the Specialist is obliged to keep medical records, they keep and retain them themselves; under § 22(2) of Act No 576/2004 Coll. for 20 years from the last provision of healthcare.

4.3 The Specialist acknowledges that records on the Bubi platform are not medical records and do not replace them. Bubi neither records nor transcribes consultations, and the message thread is not kept as a medical record.

4.4 Confidentiality. The Specialist keeps confidential everything they learn about the user during the consultation. The obligation survives the end of this contract. This is without prejudice to cases where the law overrides confidentiality.

5.1 The Specialist is responsible for the content of their profile, including the introduction and the description of how a consultation proceeds.

5.2 In those texts they must not promise diagnosis, treatment, cure or any particular health outcome, nor create the impression that they provide healthcare.

5.3 Bubi may refuse profile text or ask for it to be amended where it conflicts with clause 5.2. Bubi informs the Specialist of the reason.

5.4 Notices and statements of reasons. Bubi operates a mechanism for notifying illegal content under article 16 of Regulation (EU) 2022/2065 and provides the Specialist with a statement of reasons under article 17 of that Regulation where a profile's visibility is restricted or the profile is removed. Bubi's own content review under clause 5.3 does not deprive it of the protection under article 6 and does not establish liability for content under article 7 of the Regulation.

6.1 The Specialist sets the price of the consultation. A consultation lasts 60 minutes.

6.2 How a booking arises. By publishing a slot the Specialist makes a binding offer; the booking arises on payment by the user, without further confirmation by the Specialist. The Specialist decides which slots to publish and may cancel a published slot at any time up to its start under clause 6.6.

6.3 Commission. Bubi is entitled to a commission on the price of every paid consultation; the rate is shown in the Specialist's profile in their zone, and is 20 % by default. The commission rate is frozen at the time of booking — a later change of rate does not apply to bookings already made.

6.4 Payments. Payments run through Stripe. The Specialist opens a Stripe Connect account; Bubi remits the amount net of commission to them via Stripe and does not retain users' payment details.

6.5 Cancellation by the user. The user may cancel a booking up to 60 minutes before the start. If they cancel more than 24 hours before the start, the full amount is refunded to them; if they cancel later, half the price and the whole of Bubi's commission are refunded, and the Specialist keeps the other half of the price.

6.6 Cancellation by the Specialist. The Specialist may cancel a booking up to the time of its start. In that case the user is always refunded the full amount, including Bubi's commission.

6.7 No-shows. A no-show by the other party may be reported from 15 minutes after the agreed start.

7.1 For the content of a consultation — what the Specialist and the user write and say — the Specialist is the controller and Bubi is the processor under article 28 GDPR.

7.2 The details are governed by the Data Processing Agreement, which is Annex 1 to these terms. By accepting these terms the Specialist also enters into it.

7.3 For data about the Specialist themselves — their profile, billing details and the running of their account — Bubi is the controller. Information about this is in the Privacy Policy.

8.1 The Specialist is responsible for the professional content of their advice and for observing the limits under article 3.

8.2 Bubi is responsible for the availability and functioning of the platform. It is not responsible for the content of a consultation or for the outcome of advice.

8.3 Indemnity. If a third party or a public authority brings a claim against Bubi as a result of the Specialist's breach of their obligations under these terms, the Specialist will compensate Bubi for the loss incurred, including reasonably incurred legal costs and any penalty imposed. The parties have agreed that the limitation on the scope of damages under the second sentence of § 379 of the Commercial Code does not apply to compensation under this clause.

8.4 Conduct of the defence. Bubi will inform the Specialist of any claim without undue delay, allow them to comment on the defence and will not admit or settle the claim without their consent; consent may not be unreasonably withheld. The Specialist will give Bubi the necessary cooperation and supporting material.

9.1 The contract is concluded for an indefinite period.

9.2 Either party may terminate it without giving a reason on 30 days' notice. Consultations already booked are completed or cancelled under article 6.

9.3 Suspension of the account. Bubi may suspend the Specialist's account if:

• —their authorisation lapses or is suspended,
• —they repeatedly breach the limits under article 3, or
• —they fail to cooperate in the verification of their details.

Bubi informs the Specialist of a suspension together with the reason and allows them to comment on it.

9.4 The confidentiality obligation and the data protection provisions survive the end of the contract.

10.1 For a Specialist whose place of business is in the Czech Republic, articles 1 to 9 apply mutatis mutandis under Czech law.

10.2 The Specialist acknowledges that under § 2636 et seq. of the Czech Civil Code special obligations apply to care for health, and undertakes to observe them.

10.3 If their activity falls under a regulated trade, they declare that they hold the corresponding authorisation.

11.1 Bubi may amend these terms. A change is announced at least 30 days in advance; if the Specialist does not agree with the change, they may terminate the contract within that period.

11.2 The relationship is governed by Slovak law. Disputes are resolved by the competent court of the Slovak Republic.

11.3 These terms take effect on the day they are accepted.