Términos de uso

These Terms of Use (the “Terms”) form a legal agreement between you (including, if applicable, any legal entity which you represent or act for) (“you”) and DiaMan AS or DiaMan Medical SA de CV, also doing business as DiaMan (“us”, “we”, “Company”) and sets forth the terms and conditions governing your access to, and use of this website (the “Site”), our mobile application (the “App”) and any services, applications, software, features, content, websites and/or linked pages, offered from time to time by Company in connection therewith (the “Service(s)”, as shall be further detailed below). Please read these Terms carefully before using the Site, App or the Services. By accessing or using the Site, App and Services, by clicking “I accept” or by installing or downloading the App on your mobile device, you agree to be bound by these Terms, as may be amended by us from time to time. If you do not agree to these Terms, please refrain from using the Site, App or the Services.

Please make sure you read these Terms along with our Privacy Policy, available at https://www.diaman.net/privacy-policy/ (the “Privacy Policy”). Your use of the App, Site or Services shall be deemed to constitute your consent to be legally bound by these Terms and the Privacy Policy, incorporated by reference herein. We may revise the Terms at any time without notice by updating this Site or App.

DiaMan is a platform that enables you to measure and track your blood glucose levels using our self-monitoring blood glucose meter (the “Device”) which connects to your mobile device, allowing you to monitor your blood glucose levels through the App and to share such information with third party medical providers, including but not limited to clinics, insurance providers, hospitals or other healthcare professionals as part of the relevant Services.

As part of the Services, you acknowledge and agree that you will be required to provide us with certain information, including personally identifiable information, behavior information, and that Company may apply certain proprietary methodologies for analysis, processing and transmission of such information. The collection, aggregation and analysis of such information will enable Company and approved third party medical providers to offer Users further coaching and healthcare services with respect to such information. An explanation regarding the information that we collect from you appears in our Privacy Policy.

The Site and App also include information regarding Company as well as content such as contact information, videos, text, logos, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and App, algorithms, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and App (collectively, “Our Content”). All rights in and to Our Content made available on the Site and App are reserved to Company.

You are required to create an account in order to use the Services (the “Account”). Registration can be done by completing the registration process in the Site or App. You agree that all information provided by you is accurate, full, complete and up-to-date at all times. Any registration is solely for you and you may only use one single Account. You may not use the accounts of others, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.

You agree that we rely on the user ID and password protection format to confirm whether users accessing and using our Services are authorized to do so. In order to protect the security of your information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. Please notify us immediately if you become aware that your Account is being used without authorization. We strongly recommend having a complex password, to be kept secured at all times. You are also encouraged to change your password regularly. You must notify us immediately of any unauthorized use of your Account or any other breach of security.

You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity in your Account, including without limitation, for any User Content (as defined below) uploaded to your Account.

If you wish to either change your user ID or password to log-in to your Account, or cancel and remove your Account, please send us an e-mail of your request to soporte@diaman.net. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details with respect thereto in the Privacy Policy).

Through our Site, App or Services you may be able to input certain information in conjunction with the Device or submit, share and upload information, messages, comments, posts, text, photographs, data and other materials (collectively, the “User Content”).

You represent and warrant that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions to use such User Content and that such User Content does not infringe any third party’s intellectual property, privacy, publicity or other rights.

You are solely responsible for your User Content and the consequences of posting or publishing it. We will not bear any liability for any loss, damage, cost or expense that you or any third party may suffer or incur as a result of or in connection with uploading any User Content. You agree that you will not post or upload any User Content which is unlawful, defamatory, offensive, and fraudulent or which gives rise to civil liability or is otherwise inappropriate or false.

We have no obligation to screen, edit or monitor any of your User Content, and we explicitly reserve the right to remove or edit any User Content on the Site and App at any time without notice, and for any reason, and you are solely responsible for creating backup copies of your User Content at your sole expense. We may, at our sole discretion, terminate Accounts or remove User Content from the Site and App if we determine or suspect that those Accounts or User Content violate these Terms.

These Terms of Use (the “Terms”) form a legal agreement between you (including, if applicable, any legal entity which you represent or act for) (“you”) and DiaMan AS or DiaMan Medical SA de CV, also doing business as DiaMan (“us”, “we”, “Company”) and sets forth the terms and conditions governing your access to, and use of this website (the “Site”), our mobile application (the “App”) and any services, applications, software, features, content, websites and/or linked pages, offered from time to time by Company in connection therewith (the “Service(s)”, as shall be further detailed below). Please read these Terms carefully before using the Site, App or the Services. By accessing or using the Site, App and Services, by clicking “I accept” or by installing or downloading the App on your mobile device, you agree to be bound by these Terms, as may be amended by us from time to time. If you do not agree to these Terms, please refrain from using the Site, App or the Services.

Please make sure you read these Terms along with our Privacy Policy, available at https://www.diaman.net/privacy-policy/ (the “Privacy Policy”). Your use of the App, Site or Services shall be deemed to constitute your consent to be legally bound by these Terms and the Privacy Policy, incorporated by reference herein. We may revise the Terms at any time without notice by updating this Site or App.

We or a third party may offer you third party services as part of the Services (the “Third Party Services”), including but not limited to third party coaching services.

Your use of the Third Party Services is subject to such terms and conditions and specifications offered by each Third Party Service provider. You acknowledge that we are not the author, owner or licensor of any Third Party Services, nor are we responsible for or endorse any Third Party Services. We shall provide the Third Party Services “as is” and make no representation or warranty with respect to them. Implied warranties of fitness for a particular purpose, satisfaction and merchantability shall not apply. The entire risk as to the quality and performance of the Third Party Services is borne by you. Your sole recourse in the event of any dissatisfaction with the Third Party Services is to stop using such Third Party Services.

If you wish to terminate these Terms you may do so at any time for any reason or without reason by ceasing use and deleting your Account. Deleting your Account can only be done by sending an email directly to soporte@diaman.net with a specific request which will require us to authenticate the request. Thereafter you shall not be able to use any of the Services until you renew your registration to the Site and App. Cancelling your Account may cause the loss of certain information you provided us and/or the capacity of your Account. We do not accept any liability for such loss. Termination of your Account shall not relieve you of your obligations to pay amounts accrued or owing, nor affect any legal rights or obligations which may have arisen under these Terms prior to or at the date of termination. We may terminate, limit or suspend your access to all or any part of your Account of the Service under these Terms at any time, with or without cause, or with or without notice, effective immediately, and such termination may result in the destruction of all information and data associated with your use of Services under these Terms.

Upon termination of your Account: (i) all rights granted to you hereunder will automatically terminate, and (ii) you must immediately cease all use of the App, Site and Services under these Terms. All Sections which by their nature are meant to survive, shall survive termination of these Terms.

The App, Site and Services including application contents, such as text, graphics, images, and information obtained from the App, Site and Services and its licensors, are not intended to be used or viewed as providing medical advice, or as a substitute for consultation with a qualified healthcare provider. The App, Site and Services are intended to help individuals with their blood glucose management. They are intended for use only with those blood glucose meters that are listed in your User Guide, located on our support page: https://www.diaman.net/support/getting-started/. The information provided by the App, Site and Services cannot be the basis for diagnosis of any medical condition or therapy. You are advised to ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. THIS SITE, APP AND SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS AND MEDICAL HISTORY. You are further advised to never disregard professional medical advice or delay in seeking it because of something you read or learned from the App, Site and Services.

Materials provided as part of the App, Site or Services are intended to assist you in understanding your health. Reliance on any information provided through the App, Site and Services is solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, ideas, or advice contained in the materials provided.

You further acknowledge that the App, Site and Services are and any of its alerts or notifications depend on information that you input into the App. We do not recommend or endorse any drug or product, and alerts are not guidance regarding dosing information. The provision of reminders or alerts with respect to any drug or product is not a recommendation or endorsement. The absence of a warning or alert does not and should not be construed to indicate that any activities, food, drugs or other health recommendations are appropriate or effective.

THE SITE, APP, SERVICES AND OUR CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DEVICE, SITE, APP, SERVICES AND OUR CONTENT, INCLUDING ANY WARRANTIES OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO AND DISCLAIM ANY WARRANTY THAT THE SITE, APP, SERVICES OR OUR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO AND DISCLAIM ANY WARRANTY REGARDING THE QUALITY OF THE DEVICE, SITE, APP, SERVICES OR OUR CONTENT, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY THEREOF. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY RECEIVE FROM US OR THROUGH US AT ANY TIME. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSE OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE DEVICE, SITE, APP, SERVICES OR OUR CONTENT.

WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM ANY WARRANTIES THAT THE DEVICE, SITE, APP OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE DEVICE, SITE, APP AND SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE DEVICE, SITE, APP OR SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY OR CONDITION. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

NO CONTENT PUBLISHED ON THE DEVICE, SITE OR APP, OR THROUGH THE SERVICES, CONSTITUTES A RECOMMENDATION, ENDORSEMENT OR OPINION OF COMPANY. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH US OR WITH ANY PERSON OR ENTITY WITH WHOM YOU MAY COMMUNICATE, INTERACT OR ENGAGE AS A RESULT OF YOUR USE OF THE DEVICE, SITE, APP OR SERVICES. YOU AGREE AND CONFIRM THAT WE DO NOT, AND DO NOT INTEND TO, MAKE ANY INQUIRIES OF ANY PERSON OR ENTITY OR VERIFY THE INFORMATION ANY PERSON OR ENTITY SUBMITS OR PROVIDES WHILE USING THE DEVICE, SITE, APP OR SERVICES. YOU AGREE TO TAKE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSON OR ENTITY WHETHER MADE ON-LINE OR OFF-LINE.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE DEVICE, SITE, APP, SERVICES, OUR CONTENT OR THESE TERMS, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, USE OR ACCESS TO (AND LACK THEREOF) THE DEVICE, SITE, APP, OR SERVICES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY.

YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE OF THE DEVICE, SITE, APP AND SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS OR LIABILITY RELATING IN ANY WAY THERETO.

You shall defend, indemnify, and hold harmless Company, its affiliates and each of its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including without limitation to reasonable attorney’s fees, that arise from or relate to (i) your access, use or misuse of the Device, Site, App and the Services, including without limitation with respect to any information you submit, post or transmit through the Site, App or the Services, (ii) your violation of these Terms or any applicable law, contract, policy, regulation or other obligation, or (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Site, App, Service and Our Content. Company 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 fully cooperate with Company in connection therewith.

Subject to the limited License right expressly granted hereunder, we and our licensors and third party providers, as may be applicable, reserve all rights, title and interest in and to the Site, App and Services and Our Content, including all related intellectual property rights therein. No rights are granted to you hereunder other than as expressly set forth herein. Nothing in the Terms constitutes a waiver of the Company’s intellectual property rights under any law.

You hereby grant us a perpetual, non-exclusive, fully paid and royalty-free, worldwide, transferable, sub-licensable license to use, modify, delete from, add to, perform, display, reproduce, distribute and make derivative works of your User Content, subject to the terms set forth in our Privacy Policy and applicable law. You hereby waive any rights, attribution rights and publicity rights (if any) with respect to our use of the User Content in accordance with these Terms. For more information regarding the use of your User Content, please read our Privacy Policy. Our Privacy Policy is hereby incorporated by reference into these Terms.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, App and Services (“Feedback”). You may submit Feedback by email to support@diaman.net. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

“DiaMan”, “DiaManBGM”, “DiaMan Mini”, “DiaMan Smart”, “DiaMan GOD”, “DiaManEMR” and “diaman.net” and any of Company’s marks and logos and all proprietary identifiers used by us in connection with the Site, App and Service are our trademarks, service marks and trade names of Company, whether or not registered. No right, license, or interest to such marks is granted hereunder. Other names that are mentioned on the Site and App or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you hereunder.

Since you are downloading the App from a third party platform, service provider or distributor (“Provider”) your use of the App may also be governed by usage rules which the Provider may have established and which relate to your use of the App (“Usage Rules”). In addition to the Usage Rules specified below, it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all Usage Rules applicable to your use of the App and these are incorporated herein by reference.

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Device, Site, App, Our Content or any of the Services, without notice, at any time. We may also revise these Terms without notice at any time at our sole discretion. You agree that your continued use of the Device, Site, App and Services following such modifications constitutes your acceptance of such modifications. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Device, Site and App. Services or Our Content included therein.

If Company supplies to you any updates, upgrades and any new versions of the App according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such updates. For clarity, Company has no obligation to provide updates.

These Terms do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. There are no third-party beneficiaries of these. We may assign this Agreement in whole or in part at any time without notice. You may not assign your rights under these Terms, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be null and void. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Failure by us to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms. These Terms will be governed by the laws of Norway. You agree that the courts located in Oslo, Norway will have exclusive jurisdiction over any dispute between you and us. However, you agree that we may seek equitable relief in any jurisdiction when appropriate. Unless a specific agreement is signed by you and us, these Terms constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and we, its provisions shall supersede the provisions of these Terms.

If you have questions regarding our Terms, please contact us at: soporte@diaman.net

Last update: 16 Aug 2021