Terms of Service
Before using the app there are a few things you should know...
The Diabits app is currently in Beta stage and predicted values may not always reflect actual glucose values. For any medical decisions regarding your health, please consult with your doctor and use your Continuous Glucose Monitor (CGM). Make sure to review our Terms of Service and research before using the Diabits app.
BY DOWNLOADING THE DIABITS APP (“APP”) AND/OR USING THE FEATURES OF THE APP you hereby signify that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD OR USE THE SOFTWARE.
Bio Conscious Technologies, Inc.”BCT" has created the Diabits App, an iOS compatible mobile app, which is currently available for download through the Bio Conscious Technologies Inc. website (www.diabits.com) for early stage Beta testing. Diabits enables people with Type 1 Diabetes and parents or guardians of minors and adults with Type 1 Diabetes (collectively, “users”/”you”) to monitor the blood glucose levels via a self-injected transmitter that communicates with the user's mobile phone and can send alerts to the user and/or the minor’s parents or guardians when the user's blood glucose levels are low (the “Services”). These Terms apply to any one downloading and using the Diabits App, and will govern use of Services. At the end of the trial period, we will provide you with the opportunity to migrate to the full version of the Services at rates to be indicated by us. If you opt not to continue with a full version of the Services, your right to use the Services will terminate and you will no longer be able to access and use the Services.
A purchase amount and period, based on your selection, will be applied to your iTunes account at the end of the trial.
Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription.
To use and/or register for the Service you must be a legal adult or the parent or legal guardian of the minor whose blood sugar you wish to monitor and must give consent or give consent on behalf of your minor child to download the App and participate in the Service. You must not be a person barred from receiving the Service under the laws of the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.
SERVICES and TERMS
You acknowledge and understand that the Diabits app and the Services are being provided in ‘closed beta’ so features of the Services may be limited and may not reflect the full capabilities that the Diabits app and the Services will have on launch. The Diabits app and the Services are made available to you on an “AS IS” and “AS AVAILABLE” basis for a limited period of time for the purpose of providing us with feedback on the quality and usability of the Diabits app and the Services. Accordingly, the Diabits app and The Services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to not rely solely on the Diabits app to monitor your or your child’s blood glucose levels during the Trial phase of the App and Services. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE DIABITS APP AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, THIRD PARTY DATA CHARGES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA, AND ANY HEALTH-RELATED INCIDENTS THAT MAY ARISE AS A RESULT OF ANY FAILURE, ERROR OR INTERRUPTION OF THE DIABITS APP AND THE SERVICES IN MONITORING AND ALERTING YOU ABOUT YOUR CHILD’S BLOOD GLUCOSE LEVELS. In addition, BCT is not obligated to provide any maintenance, technical or other support for the Services or provide access to the Services under these beta-testing terms for any minimum period of time.
Registering to use the Services. To sign-up and activate the Services, legal adults, or parents or legal guardians and the minor child must first register to create an account and a password. The Diabits app operates in connection with Apple HealthKit; accordingly, in order to use the Services, you must also ensure that you must set your privacy settings for the App in your Apple device so that the App has permission to access the personal health information stored in your phone through Apple HealthKit. By signing up to use the Services you confirm that you consent or have obtained the consent of any other parent or legal guardian of the minor to use this Service. You are responsible for all activity that takes place on your account. Please choose a strong password for your account and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.
Important Terms. Those users who join the beta trial of the Services and App (the “Trial”) by (i) registering to participate; (ii) downloading the Diabits app; (iii) receiving confirmation of approval to participate in the Trial; and (iv) agreeing to these Terms (together “you”) will have advance access to the Services on the following terms:
License to App and the Services. We grant to you a limited, personal, non-exclusive, non-transferable license to download and use the Diabits app and the Services for testing only and not for resale or further distribution. Your right to use the Diabits app and the Services is limited by all terms and conditions set forth in these Terms.
Third Party Data Charges. You acknowledge and agree that use of the Services may incur data charges from your mobile phone provider. It is your responsibility to pay such fees and to ascertain the level of such fees with your mobile phone provider.
Restrictions on Use of the Services. Bio Conscious Technologies, Inc. may impose certain limitations on the use of the Services, including, but not limited to restricting the number of accounts you may register, and/or imposing charges for certain features of the Services. You agree to use the Diabits app and the Services only for purposes as permitted by these Terms and not to use the Services for any purpose prohibited by Bio Conscious Technologies, Inc. or any law or regulation. Bio Conscious Technologies, Inc. reserves the right to modify or impose any limitations on the use of the Diabits app and The Services at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate users and/or terminate the Trial at any time without any liability whatsoever to you. In using the Diabits app and/or The Services you shall not:
intentionally or unintentionally violate any these Terms, or any local, state, provincial national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;
license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Diabits app or the Services; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Diabits app or any software provided by us.
Indemnification. You agree to defend, indemnify and hold Bio Conscious Technologies, Inc., its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Services; (b) your use of the Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; or (e) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
Personal Information. When you register to use the Services and through your use of the Services we will have access to certain personal information, such as your name, age, and personal health information such as medication, medication regimen, comorbidities and other health conditions and type of injection. The App works in conjunction with Apple HealthKit, and accordingly in order to use the Services, you must give the App permission to access data collected by Apple HealthKit. We will also collect geolocation data from your phone. . Please review our www.diabits.com/legal carefully as it sets out how we collect, store and use information about our users and will govern use of your personal information. If you do not agree with any of our privacy practices you must not install the Diabits app or use the Services.
License to Bio Conscious Technologies, Inc. Except for material we may license to you, Bio Conscious Technologies, Inc. does not claim ownership of the materials and/or content created by you through use of the Diabits app (“Content”). However, by using the Services you grant Bio Conscious Technologies, Inc. a worldwide, royalty-free, non-exclusive license to collect, use and store such Content solely for the purpose of providing the Services.
TERM AND TERMINATION
Termination by You. You may terminate your account and/or stop using the Services at any time.
Termination by Bio Conscious Technologies, Inc. Bio Conscious Technologies, Inc. may at any time, under certain circumstances and without prior notice, immediately terminate the Trial or suspend all or a portion of your account and/or access to the Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Services or Website; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Services or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Diabits app or the Services to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities; or (h) Bio Conscious Technologies, Inc. decision to end the beta-testing under these Terms and migrate of users to paid subscription services is dependent on the companies financial status. Any such termination or suspension shall be made by Bio Conscious Technologies, Inc. in its sole discretion, and Bio Conscious Technologies, Inc. will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Services.
Effect of Termination. On termination, you will lose all access to the Services and any portions thereof, including, but not limited to, your account unless you have opted to migrate to a paid subscription for the Services.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
THE SERVICES AND THE DIABITS APP ARE PROVIDED "AS IS." BIO CONSCIOUS TECHNOLOGIES, INC. SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO THE DIABITS APP AND THE SERVICES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY DATA PROVIDED BY THE DIABITS APP AND THE SERVICES IS FOR INFORMATION PURPOSES ONLY AND BIO -CONSCIOUS TECHNOLOGIES, INC. SHALL NOT BE LIABLE FOR ANY DECISIONS, MEDICAL OR OTHERWISE, MADE BY YOU ON THE BASIS OF THE INFORMATION PROVIDED BY THE APP AND/OR SERVICES.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, OR PERSONAL INJURY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIO CONSCIOUS -TECHNOLOGIES, INC. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING THE APP AND THE SERVICES. BIO CONSCIOUS TECHNOLOGIES, INC. WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES AND WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES YOU INCUR IN YOUR USE OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR PHONE IS ON, CHARGED AND CAPABLE OF TRANSMITTING AND RECEIVING DATA, AND BIO CONSCIOUS TECHNOLOGIES, INC. SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS TO THE DIABITS APP AND/OR THE SERVICES, OR CONSEQUENCES ARISING FROM SUCH INTERRUPTIONS, RESULTING FROM YOUR PHONE’S CAPABILITY TO TRANSMIT AND RECEIVE DATA.
THE DIABITS APP AND THE SERVICES RELY ON THIRD PARTY SERVERS TO TRANSMIT AND PROCESS DATA. BIO -CONSCIOUS TECHNOLOGIES, INC. SHALL NOT BE LIABLE FOR ANY ERROR, FAILURE, DELAY OR INTERRUPTION OF SERVICE BY THE THIRD PARTY’S SERVER, AND BIO CONSCIOUS TECHNOLOGIES, INC. SHALL NOT BE LIABLE FOR ANY ERROR, FAILURE, DELAY OR INTERRUPTION TO THE DIABITS APP AND/OR THE SERVICES, OR ANY OTHER CONSEQUENCES ARISING AS A RESULT OF ANY SUCH PROBLEMS WITH THE THIRD PARTY SERVER.
UNDER NO CIRCUMSTANCES SHALL BIO CONSCIOUS TECHNOLOGIES, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE DIABITS APP OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE DIABITS APP, OR (V) ANY DEALINGS BETWEEN YOU AND ANY PERSONS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIO CONSCIOUS TECHNOLOGIES, -INC. LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID BIO CONSCIOUS TECHNOLOGIES, INC. IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE BIO - CONSCIOUS TECHNOLOGIES INC. APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
Access to Your Account and Content. You acknowledge and agree that Bio Conscious Technologies, Inc. may access, use, preserve and/or disclose your account information and content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Bio Conscious Technologies, Inc., its users or the public as required or permitted by law.
Feedback. We welcome your suggestions, comments and feedback on the Diabits app and the Services (“Feedback”) especially during this Beta-Testing phase as it helps us to improve the product and our services. If you provide us with Feedback you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) Bio Cons (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind for providing such Feedback.
Export Control. Use of the Services and the Diabits app may be subject to the export and import laws of Canada, the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Diabits app may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Diabits app or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Diabits app or the Services for any purposes prohibited by United States or Canadian law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Notices. BCT may provide you with notices regarding the Services, including changes to these Terms, by email or by postings on the Website and/or the Services.
Governing Law & Disputes. This Agreement shall be governed by the laws of the Province of British Columbia, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of British Columbia shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Diabits App or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The BCT Application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. You agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.
Questions/Contact. If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Diabits App or The Services, please contact us.