Effective date: September 26, 2018
Welcome to Diabnext!
We want you to know and understand your rights and our rights relating to the provision of the services provided by our company DIABNEXT LLC (Diabnext), the sole editor and developer of the app and community DIABNEXT:
1475 N. Scottsdale Road
Scottsdale, AZ 85257-3538
Diabnext is a community of diabetic patients from all over the world. Alone or together, we daily strive to live a better life with our disease. Diabnext enables you to experience storing, viewing, learning and sharing important data about your disease, and connecting with each other via mobile and online apps. Diabnext is made by patients for patients.
Term of Use Acceptance
Prior to accepting the Term of Use please read carefully following terms (hereinafter “ToU”) carefully. If you do not understand or have questions, please contact us at firstname.lastname@example.org. This ToU applies to your use of the services provided by Diabnext, including but not limited to the use of the app Diabnext, any connected hardware, web applications, the sharing services with third parties or any other services. Do not sign up for an account if you do not understand or are unwilling or unable to be bound by this ToU.
By signing up for, or otherwise obtaining, an account, or by accessing or using the services, you are entering into this ToU with Diabnext and agreeing to be bound by its terms.
By agreeing to this ToU, you are also representing that you are of the appropriate legal age and have full authority and capacity to validly enter into a legally-binding agreement.
If you have limited authority and legal capacity to validly enter into such ToU, you shall seek for your parents’ (or other guardian who has such authority) consent and approval before you enter into this ToU and use the services. Your usage represents that you have properly obtained such consent and approval.
If you have no such authority and legal capacity to validly enter into a legally-binding agreement, you yourself is not permitted to use the service or to enter into this ToU. You should ask for your parents or other guardian who has such authority to handle this for you and do not use the services yourself.
One of the purposes of the services is to improve chronic (e.g., diabetes) disease management experiences. The content of the services may include, but not limited to, hardware to upload personal data (e.g., personal health data) from your medical related devices (or other electronic devices) to smart clients (hardware), mobile applications to be installed on your smart clients to receive your personal data from your medical devices (mobile app(s)), web applications allowing you to access with registered user name and password (web app(s)), and other services offered by Diabnext. You may choose to use parts or all services.
You may use the hardware only after you have purchased the hardware or received it from a healthcare provider, insurance company or other entities, and you may use the mobile app(s) only after you have downloaded the mobile app(s) through Apple Store, Google Play Store or from other sources.
You must also read and accept the Terms of Sale (« ToS ») before using the hardware or accessing the service in connection with your use of the hardware, whether the hardware is purchased from Diabnext or received from a third-party provider, such as a health-care provider, insurance company or other entities.
Diabnext reserves the rights, in its sole discretion, to modify or replace all or any part of this ToU, or to change, suspend, or discontinue all or any part of the services at any time by posting a notice or by sending you an email. It is your responsibility to check ToU periodically for changes. Your continued use of the services following the posting of any changes to the ToU constitutes acceptance of those changes.
If you are interested in using Diabnext’s services in a professional or commercial environment or for any non-personal use purposes, you must contact Diabnext for approval before any such uses, and agree to other written terms and conditions.
Account and Use of Personal Information
Diabnext relies on the information you provide. Any information shall be accurate, complete and updated. You are solely responsible for the activity that occurs on your account or password and for maintaining the security of the mobile application and web application and any information you input to the mobile and web applications.
If you create, transmit, submit, display or otherwise make available information (including, without limitation, information you have made available automatically through connection of the hardware to the mobile application(s)) while using the Services, you may provide only information that you own or have the right to use.
When you provide access to any such information through the services, you give Diabnext a license to fully use and exploit that information in connection with providing you the services.
YOU SHALL NOT USE OR ACCESS OTHER USERS’ ACCOUNT WITHOUT THEIR EXPRESSED PERMISSION. You will immediately notify Diabnext in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware. The Service is available only to individuals who are adults.
Comments and Suggestions
If you post contents or submit materials, and unless we indicate otherwise, you grant Diabnext a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Diabnext and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Diabnext for all claims resulting from content you supply.
Diabnext has the right but not the obligation to monitor and edit or remove any activity or content. Diabnext takes no responsibility and assumes no liability for any content posted by you or any third party.
Third Party Sites
Diabnext may provide links to, or contact information for, third party sites or services. Diabnext is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the services.
Diabnext also may enter into business arrangements with third-parties, which will allow you to share your personal information with them. Whether to share your personal information with these third-parties will be up to you. By properly following instructions provided to you by Diabnext and these third-parties, you will be able to decide whether you want to share personal information with these third-parties. Sharing of your personal information with third-parties is solely at your own decision and risk.
Rules of Conduct
As a condition of use, you promise not to use the services for any purpose that is prohibited by this ToU or other rules or policies implemented by Diabnext from time to time. The services are provided only for your own personal, non-commercial use.
You shall not (and shall not permit any third party to) take any actions that:
- would constitute a violation of any applicable laws, rules or regulations;
- infringes on any intellectual property or other rights of any other persons or entities;
- are threatening, abusive, harassing, defamatory, deceptive, libelous fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- impersonates any person or entity;
- impose or may impose an unreasonable or disproportionately large load on Diabnext’s (or its third-party providers) infrastructure;
- interfere or attempt to interfere with the proper working of the services or any activities conducted on the services;
- bypass any measures Diabnext may use to prevent or restrict access to the services (or parts thereof);
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the services, except to the limited extent applicable laws specifically prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the services; or
- copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial use only, provided such link does not portray Diabnext or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You are further granted a right to implement RSS feeds located on the Services for your personal, non-commercial use, solely as described on the Services. We reserve the right to revoke these licenses generally, or your right to use specific links or RSS feeds, at any time, with or without cause.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., blood sugar meters, insulin pens etc…). While Diabnext may recommend the equipment or materials of certain third-party suppliers, Diabnext shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.
You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Interactions With Other Members
The Services works as a venue to connect members in a virtual place. As a neutral facilitator, Diabnext is not directly involved in the actual interactions between members of the Services. As a result, Diabnext has no control over the truth, accuracy, legality, or safety of postings made by members of the Services. Diabnext shall have no responsibility to confirm the identity of members. Diabnext shall also have no responsibility to confirm or verify the qualifications, background, or abilities of members of the Services. You shall at all time exercise common sense and good judgment when dealing with any member of the Services.
Diabnext grants you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and make personal and non-commercial use of the services.
The application is solely to be used in connection with the services for your private, personal, non-commercial use, subject to all the terms and conditions of this ToU as they are applicable to the services.
Notifications from Diabnext
Diabnext may provide automatic notifications. Automatic notifications may be sent to you following certain changes made to your Diabnext account (including, without limitation, any account you create for accessing Diabnext’s Services). Some of these notifications may then be customized, deactivated or reactivated by you in the Privacy Settings of your app.
These notifications allow you to choose certain notification messages for your accounts. Diabnext may add new notifications from time to time or cease to provide certain notifications at any time upon its sole discretion. Each notification has different options available, and you may be asked to select from among these options upon activation of your notification service.
Because notifications are not encrypted, we will never exhibit your password. However, notifications may include some information about your account(s). Information such as average blood glucose levels, medication information or the number of times you tested your blood glucose may be included. Anyone with access to your email will be able to view the content of these notifications.
You understand and agree that any notifications provided to you through the mobile applications or web applications may be delayed or prevented by a variety of factors. Diabnext will do its best to provide notifications in a timely manner with accurate information.
However, we neither guarantee the delivery nor the accuracy of the content of any notifications. You also agree that Diabnext shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of notification; or for any actions taken or not taken by you or any third party in reliance on a notification.
Fees and Payments
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIABNEXT (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF DIABNEXT HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Termination of the Services
Diabnext may terminate your access to all or any part of the services at any time if you fail to comply with this ToU. This may result in the forfeiture and destruction of all information associated with your membership and will immediately terminate your ability to use the services in any way.
If you wish to terminate your account, you may do so by ceasing use of the Services, and deleting the mobile app. All provisions of this ToU, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
United States Diabnext Operation
The Diabnext Services are controlled by Diabnext from its offices within the United States of America. Diabnext makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE AND, TO THE FULLEST EXTENT PERMITTED BY LAWS, IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. DIABNEXT AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Service Support Center
Diabnext offers email-based and online support tools. You may access support resources or contact our support at email@example.com or by visiting our website at www.diabnext.com. Diabnext does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by Diabnext regarding use of the services shall not be construed as a warranty.
DIABNEXT MAY MODIFY THIS TOU FROM TIME TO TIME. ANY AND ALL CHANGES TO THIS TOU WILL BE POSTED ON THE DIABNEXT SITE AND/OR E-MAILED TO YOU. IN ADDITION, THE TOU WILL ALWAYS INDICATE THE DATE IT WAS LAST REVISED. YOU ARE DEEMED TO ACCEPT AND AGREE TO BE BOUND BY ANY CHANGES TO THE TOU WHEN YOU USE THE SERVICE AFTER THOSE CHANGES ARE POSTED.
You shall defend, indemnify, and hold harmless Diabnext, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorney fees, that arise from or relate to:
- your use or misuse of, or access to, the services, or
Diabnext reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Diabnext in connection therewith.
YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH DIABNEXT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR THIS TOU:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
DIABNEXT DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSIS OR ENGAGE IN THE PRACTISE OF MEDECINE.
Our services are not intended to be a substitute for professional medical advice, diagnosis, or treatment and are offered for informational purposes only. Always seek advices from your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our services.
You are solely responsible for any decisions or actions you take based on the information and materials available through the services. You are solely responsible for any decision to share information and data in your account with any third parties in or outside the app community. Reliance on any information provided by Diabnext or in connection with the services is solely at your own decision, and you shall take on your own responsibility. If you feel you are in an emergency condition, make an emergency call and contact immediately your physician.