Terms of Agreement

Digital Medics Terms of Use

This Terms of Use Agreement sets forth the standards of use of Diabetes IQ Mobile App (“the App”). By using the App, you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this App. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications will take effect immediately. Your continued use of the App after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.


Description of Services Provided by the App.

The Diabetes IQ Mobile App is a diabetes management app provided to assist people living with both Type I & II diabetes in better managing their diabetes. The App features BG reminders and alerts, logbook, activity tracking, integrated food database, analytics, BG insights, health data connectivity via Apple HealthKit and other Fitness and Healthcare devices via Cloud API.

 

Disclaimer of Warranties

The App is provided on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, the App makes no representations or warranties of any kind, express or implied, regarding the use or the results of this App in terms of its correctness, accuracy, reliability, or otherwise. The App shall have no liability for any interruptions in the use of this App. Digital Medics Pty Ltd disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.


Limitation of Liabilities


DIGITAL MEDICS PTY LTD SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DIGITAL MEDICS PTY LTD SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS APP OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.


The information and utilities provided on this Service should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. The App does not promote or recommend any particular form of medical treatment. Digital Medics Pty Ltd and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read or inferred here. Information accessed through this App is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded.

Advanced Product Features

Diabetes IQ provides the user with the following product upgrade and advanced features upon subscription:
- BG Alerts & Reminders
- Analytics & BG Insights
- Generate Reports & Share via Email
- Health & Fitness Data Integration
- Insulin Pen & Glucose Meter Data Integration
- Food Database Updates
- Data Backup/Restore to/from our Servers
- No Advertisement

Auto-Renewal Subscriptions

We provide 2 Auto-Renewal Subscriptions both offering the advanced features outlined above
- 90 Days Automatic Renewal Subscription: This is a subscription for a period of 90 days and automatically renews 24-hours prior to the end of the current period.
- 1 Year Automatic Renewal Subscription: This is a subscription for a period of 1 year and automatically renews 24-hours prior to the end of the current period.

Payment Terms

- Payment will be charged to iTunes Account at confirmation of purchase
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

Reverse Engineering

You must not copy, translate, adapt, modify, alter, decompile, disassemble, or otherwise reverse engineer or create any derivative work of the App. You must not merge the App or any part thereof with any other software, nor allow any other party to do so without express written permission of Digital Medics Pty Ltd. You acknowledge that the App, and the copyright, and other intellectual property rights of whatever nature in the App are not your property and contain valuable proprietary information and trade secrets and that any use of the App confers no title or ownership in the App and no rights in any associated source code, and is not a sale of any rights in the App.

Indemnification

Users agrees to indemnify and hold Digital Medics Pty Ltd, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User’s use of the App, the violation of this Agreement, or infringement by the User, or other user of the App using the User’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Digital Medics Pty Ltd reserves the right to modify or discontinue the App with or without notice to the User. Digital Medics Pty Ltd shall not be liable to the User or any third party should Digital Medics Pty Ltd exercise its right to modify or discontinue the App. Users acknowledges and accepts that the App does not guarantee continuous, uninterrupted or secure access and operation of our service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our App may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the Terms of Use and Privacy Policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.

Governing Jurisdiction

This agreement is governed by the laws of the New South Wales, Australia, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our Service or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our App you agree to do so subject to the internal laws of the State of New South Wales, Australia.

Compliance with Laws

Users assumes all knowledge of applicable law and is responsible for compliance with any such laws. Users may not use the App in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright Information

All content included or available in the App, including design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright © 2013 Digital Medics Pty Ltd, with all rights reserved.

Rights of Use

This App may only be used for it intended purposes. Any attempt to misuse the App will result in your registration being terminated without a refund. Also you will be liable for any damages including any perceived damage to our brand. Any attempt to hack the App or allowing others to use your account to hack the App will result in your registration being terminated without a refund. Any violation of the above Terms or acts we feel are damaging to our App can result is your registration being terminated without refund.

Sale of Company

We reserve the right to sell the company at any time. The sale of the company will not affect the length of the currently paid memberships.

Other Terms

If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by Service, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Subcriber.

About Us

Digital Medics Pty Ltd is a provider of innovative medical device, software and medical apps in Australia. Our vision is to provide innovative products incorporating the latest diabetes management technologies. Our product suite include the Smartplus insulin pen and the Diabetes IQ mobile app for both iOS and Android platform.