Terms of Use - DIABNEXT
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Diabnet Terms of Use

Latest update on September 26, 2018

Please read the following Terms of Use (hereinafter “ToU”) carefully. This ToU applies to your use of the services provided by Diabnext, including but not limited to, any hardware, mobile applications, web applications, or other services. Do not sign up for an account if you 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.

Services

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.

However, in terms of personal information, Diabnext may only use the information you provide as permitted by the Diabnext Privacy Policy, and applicable law. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Privacy Policy can be reached on our website at https://diabnext.com/.

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.

License

Diabnext grants you a limited, non-exclusive, non-transferable, 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.

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

The use of our mobile app(s) or web app(s) is currently free, but Diabnext reserves the right to require payment of fees for certain or all services. You understand and agree that the purchase of the hardware is governed by Diabnext’s Terms of Sale. You can reach this Terms of Sale on our website at https://diabnext.com/.

You agree to timely pay all applicable fees in connection with your use of the services and in the event of any failure to make timely payment in full, Diabnext has the right to terminate and cease providing the corresponding services immediately. Diabnext reserves the right to change fees and to institute new charges at any time, with no less than sixty (60) days prior notice to you, which may be sent by email or posted on the services. Your use of the services following such notification constitutes your agreement to the terms of payment. For certain services provided by Diabnext that are subscription based, you understand and agree to pay the full amount of the charge by subscribing the services.

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.

Further, we will retain the aggregated, non-personally identifiable information and data, which may be generated from or based on the information relevant to your account, even after you deactivate or terminate your account. Please see the Privacy Policy on our website at https://diabnext.com/.

WARRANTY DISCLAIMER

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 Center

Diabnext offers email-based and online support tools. You may access support resources or contact our support by visiting our website at https://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.

CHANGES IN THE TERMS OF USE

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.

Indemnification

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
  • your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation.

 

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.

ARBITRATION

A PRINTED VERSION OF THE TERMS OF USE AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THE TERMS OF USE TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. YOU AND DIABNEXT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF CHINA (ROC), TAIWAN, EXCLUDING ITS CONFLICTS OF LAW RULES. ANY DISPUTE, CONTROVERSY, DIFFERENCE OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS TOU, OR THE BREACH, TERMINATION OR INVALIDITY THEREOF, SHALL BE FINALLY SETTLED BY ARBITRATION REFERRED TO THE CHINESE ARBITRATION ASSOCIATION, TAIPEI IN ACCORDANCE WITH THE ASSOCIATIONS ARBITRATION RULES. THE PLACE OF ARBITRATION SHALL BE IN TAIPEI, TAIWAN. THE LANGUAGE OF ARBITRATION SHALL BE ENGLISH. THE ARBITRAL AWARD SHALL BE FINAL AND BINDING UPON BOTH PARTIES.

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.

Non-Medical Advice

Diabnext does not offer medical advice or diagnoses, or engage in the practice of medicine.

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 advice 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. 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 think your are in emergency condition, please contact your physician, or make an emergency call.

Miscellaneous

THE TERMS OF USE ARE THE ENTIRE TOU BETWEEN YOU AND DIABNEXT WITH RESPECT TO THE SERVICES, AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS (WHETHER ORAL, WRITTEN OR ELECTRONIC) BETWEEN YOU AND DIABNEXT WITH RESPECT TO THE SERVICE. NOTWITHSTANDING THE FOREGOING, THE PARTIES ACKNOWLEDGE THE EXISTENCE AND VALIDITY OF THE HARDWARE TERMS OF SALE, WHICH GOVERNS YOUR USE OF THE HARDWARE, IF APPLICABLE. IN THE EVENT OF ANY CONFLICT BETWEEN THIS TOU AND THE TERMS OF SALE DOCUMENT, THE APPLICABLE TERMS OF SALE DOCUMENT SHALL CONTROL WITH RESPECT TO THE SUBJECT MATTER OF SUCH TERMS OF SALE ONLY. IF ANY PROVISION OF THE TERMS OF USE IS FOUND TO BE UNENFORCEABLE OR INVALID, THAT PROVISION WILL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THE TERMS OF USE WILL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE. THE FAILURE OF EITHER PARTY TO EXERCISE IN ANY RESPECT ANY RIGHT PROVIDED FOR HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY FURTHER RIGHTS HEREUNDER. THE TERMS OF USE ARE PERSONAL TO YOU, AND ARE NOT ASSIGNABLE OR TRANSFERABLE BY YOU EXCEPT WITH DIABNEXT PRIOR WRITTEN CONSENT.

DIABNEXT MAY ASSIGN, TRANSFER OR DELEGATE ANY OF ITS RIGHTS AND OBLIGATIONS HEREUNDER WITHOUT CONSENT. NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT RELATIONSHIP IS CREATED AS A RESULT OF THE TERMS OF USE AND NEITHER PARTY HAS ANY AUTHORITY OF ANY KIND TO BIND THE OTHER IN ANY RESPECT. ALL NOTICES UNDER THE TERMS OF USE WILL BE IN WRITING AND WILL BE DEEMED TO HAVE BEEN DULY GIVEN WHEN RECEIVED, IF PERSONALLY DELIVERED OR SENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED; WHEN RECEIPT IS ELECTRONICALLY CONFIRMED, IF TRANSMITTED BY FACSIMILE OR E-MAIL; OR TWO DAYS AFTER IT IS SENT, IF SENT FOR NEXT DAY DELIVERY BY RECOGNIZED OVERNIGHT DELIVERY SERVICE.

Service Center

Come to visit our website at https://diabnext.com/ to get more information about the products. You can also contact us through contact@diabnext.com for any questions you have.

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