Terms Of Use
You must be of legal age to accept, or have your legal guardian accept on you behalf.
END USER LICENCE AGREEMENT AND TERMS OF USE
Version Date: [ ● ] [December 2023]
Welcome to the Sibionics Continuous Glucose Monitoring System mobile application (“ Sibionics Application ”). The Sibionics Application is controlled by SiBio Technology Limited . (referred to as ” Sibionics ” or ” we ” or “ us ”, including its subsidiaries and affiliates).This document is a legally binding agreement between you and us. Please read this End User Licence Agreement and Terms of Use (this “ Agreement ” or the “ End User Licence Agreement and Terms of Use ”) carefully before accepting and installing the Sibionics Application on your device. By clicking “Accept”, you expressly consent to and agree that this Agreement shall apply to your use of the Sibionics Application. If you do not agree to these terms, you should not use the Sibionics Application (or should immediately stop using the Sibionics Application if you have already started using it) and delete the Sibionics Application from your device. The Sibionics Application is designed for use by adults (aged 18 or above) only. If you are a minor (we define “minors” as persons younger than age 18), please immediately stop using the Sibionics Application and delete the Sibionics Application from your device. GENERAL
The terms under this Agreement only apply to the Sibionics Application and do not apply to any other Sibionics products and services, or to any other third-party application(s) and plug-in(s) linked in the Sibionics Application. Please read this Agreement carefully before using the Sibionics Application.
Without prejudice to your rights under applicable law, we reserve the right to amend the terms of this Agreement (including, without limitation, to reflect technological or functional advancements, legal and regulatory changes or good business practices). If we amend the terms under this Agreement, we will notify you about changes by way of push notification, pop-up notice or other means according to applicable local laws.
· If you are located in EU: By clicking “Agree” and continuing to use the Sibionics Application after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of the terms under this Agreement, particularly those provisions that restrict or exempt liabilities.
For German users , we will inform you of any modifications and additional terms and conditions by email and provide you with a period of two months to object against such modified terms of this Agreement in writing or by email. We will inform you with the information together with the modifications about the consequences of not objecting in writing during the period as per the preceding sentence. Modifications to these terms will apply from the time specified in the information about the modifications ， unless you have not agreed to the modified terms . If you do not indicate your consent or explicitly object to the modifications during the two-month period , you will be deemed as to terminate these terms , to be effective from the end of the applicable 14-day use cycle .
· For all other users: By continuing to use the Sibionics Application after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of the terms under this Agreement, particularly those provisions that restrict or exempt liabilities.
DISCLAIMERS We will take reasonable care to ensure that the information and content on the Sibionics Application is accurate, complete, up to date, available and does not infringe any third party rights. However, we do not guarantee that this is always the case. The Sibionics Application and the content and information on it are provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable law, we hereby disclaim all representations and warranties relating to the information and content on the Sibionics Application, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement of third party rights. We do not warrant that the Sibionics Application is secure, error or defect-free (including but not limited to the completeness, accuracy or reliability of any data or information displayed), or that the Sibionics Application is free of viruses or other potentially harmful components. There may be interruption, delay or malfunction of or inability to operate or use some functions of the Sibionics Application due to internet connectivity issues. The information and content on the Sibionics Application do not constitute medical advice (including but not limited to the sharing of your blood glucose data with your doctor for their reference, as applicable if you so elect). You are advised to consult your healthcare professionals for advice before you make any decisions relating to your treatment or care. To the maximum extent permitted by applicable law, we hereby disclaim all liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort (including negligence) or otherwise which arises out of, or in connection with use of the Sibionics Application or any treatment or care decisions which you make, except in the case of death or personal injury resulting from our negligence. We are not responsible, and provide no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any third-party application(s) (whether or not linked or referred to in the Sibionics Application). YOUR USE By using the Sibionics Application, you agree to the following:
· you shall only access and use the Sibionics Application for personal, private and non-commercial purposes;
· you must not, and must not aid or assist any person to, access or use the Sibionics Application for any commercial, unlawful or illegal purpose;
· you must not disrupt, amend or intercept information posted on the Sibionics Application or on any of our servers (where relevant);
· you must at all times when accessing and using the Sibionics Application, comply with all applicable laws, rules, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;
· you must not, and must not aid or assist any person to, copy, modify, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, and do other acts that analyse or replicate the source code, structure and concept of any of the Sibionics Application or its component parts;
· all information (including personal data) that you provide to us are true, accurate and complete at the time provided, and you shall promptly notify us in the event of any change to such information; and
· you must not attempt to circumvent, or circumvent, any security features of the Sibionics Application.
AVAILABILITY We will use reasonable efforts to make the Sibionics Application available 24 hours a day, 7 days a week. However, we cannot guarantee this and take no responsibility for any loss or damage that occurs due to an interruption of access to the Sibionics Application. The Sibionics Application may be interrupted for maintenance or other reasons, but we will endeavour to provide reasonable notice of any planned events.
We may update, remove or change the Sibionics Application features and functionalities from time to time.
Your enjoyment of the Sibionics Application may depend on whether you have installed the latest version of the Sibionics Application, your device and the operating system you use meeting the system and compatibility requirements that we establish from time to time, the region you are located in or as required by applicable law from time to time. To use the Sibionics Application, you may require compatible hardware and software (and from time to time, this may require you to download and install the latest versions of such software). For some funtions,i nternet connectivity is also required. INTELLECTUAL PROPERTY For the purposes below, “ Intellectual Property Rights ” means rights including but not limited to copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind (whether or not registered and anywhere in the world).
All Intellectual Property Rights in or relating to the Sibionics Application (including the information, content and graphics published on the Sibionics Application) are owned by, or licensed to, us. We grant to you a limited, revocable, non-transferrable and non-exclusive licence to install and use the Sibionics Application on any compatible device that you own or control, provided that: (i) the above intellectual property acknowledgement appears on all copies; (ii) use of the information is for informational, non-commercial healthcare or personal use only; (iii) the information is not modified in any way; and (iv) no graphics available from the Sibionics Application are used separate from the accompanying text. For all other uses of the information or any Sibionics trademark, trade names or trade dress, our prior written authorisation is required. We are not responsible for content provided by third-party providers and you are prohibited from distribution of such material without the permission of the owner of the intellectual property therein. Except as permitted above, no licence or right, express or implied, is granted to any person over any Intellectual Property Rights of Sibionics. You must not rent, lease, lend, sell, redistribute, sub-license, publicly display or in any other way commercial exploit any part of the Sibionics Application or its component software. PRIVACY AND SECURITY We are committed to safeguarding your privacy. Personal information which we collect or that we otherwise obtain in connection with your use of the Sibionics Application is handled in accordance with our Privacy Policy (https://cgm-ce-public.s3.eu-central-1.amazonaws.com/policy/app/v2/privacy_policy_EN.html) . (https://cgm-ce-public.s3.eu-central-1.amazonaws.com/policy/app/v2/privacy_policy_EN.html) An email address and password system has been implemented on the Sibionics Application. It is your responsibility to ensure that you safeguard your password carefully. You may choose to share your blood glucose data with your doctor or other persons you so elect using the sharing functionality of the Sibionics Application. In doing so, you are sharing your personal information at your own risk.
It is your responsibility to ensure that the device used to access the Sibionics Application is adequately secured and protected against malicious software or access by unauthorised persons. To the maximum extent permitted by applicable law, Sibionics shall not be liable for any direct, indirect, special, incidental, or consequential damages (including lost profits, whether arising directly or indirectly) suffered by any person as a result of interception or unauthorized access to their personal data.
LIMITATION OF LIABILITY Except in the case of death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, fraud or fraudulent misrepresentation or damages caused by wilful misconduct or gross negligence, we, our agents or subcontractors, our and their respective directors, employees and agents hereby disclaim, to the maximum extent permitted by applicable law, liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort (including negligence) or otherwise which arises out of, or in connection with: (i) use of, or inability to use, the Sibionics Application; (ii) use of information or content on the Sibionics Application; (iii) any services provided on or through the Sibionics Application; and (iv) interception or unauthorized access to personal information submitted to the Sibionics Application, including, without limitation, the following categories of loss or damage, whether or not Sibionics has been advised of the possibility of such loss or damage: (a) loss or corruption of data; (b) loss of profits; (c) loss of anticipated savings; (d) loss of business opportunity;(e) loss of goodwill; (f) loss of reputation; and (g) special damage.
To the extent permitted by applicable law and subject to the above, in the event that we incur any liability in connection with the terms in this Agreement, the operation of the Sibionics Application and such liability is not otherwise limited or excluded by these terms, our liability will be limited to reasonably foreseeable damages.
Our overall and aggregate liability to you in connection with your use of Sibionics Application will be limited to (where relevant) the purchase value of the relevant Sibionics product or service in connection with the Sibionics Application, or an equivalent sum in the currency of the country in which you are based.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these terms or our failure to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both of us knew it might happen.
You will indemnify and keep indemnified us, our officers, employees, agents, licensors or other third-party providers from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, or which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these terms or any acts or omissions you commit in using the Sibionics Application that are not permitted by these terms. This means that you will be liable to reimburse us on a dollar-for-dollar basis for losses and liabilities that we suffer because of your use or misuse of the Sibionics Application (even if you did not authorise that use or misuse).
HOW CAN THIS AGREEMENT BE TERMINATED This Agreement is effective upon your acceptance of this Agreement by clicking “Accept” or as otherwise provided in this Agreement, and shall continue unless it is terminated. You may delete the Sibionics Application at any time. This Agreement will terminate immediately and without additional notice in the event that you breach, and/or fail to comply with, any term or condition of this Agreement. Sibionics may also terminate or suspend this Agreement at any time and without prior notice, for any or no reason, including if Sibionics believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.
We reserve the right to ask you to immediately stop or rectify the unlawful use, or, should the unlawful use and/or violation continue, we are entitled to respond and to take any lawful measures that we consider necessary (including terminating your access to the Sibionics Application). GOVERNING LAW This End User Licence Agreement and Terms of Use shall be governed by and construed in accordance with the laws of the People’s Republic of China. Any dispute arising under this End User Licence Agreement and Terms of Use shall be subject to the exclusive jurisdiction of the courts of the People’s Republic of China.
If you are a citizen of any European Union country, after prior written request to us, you may also submit any claims on the dispute resolution platform put online by the European Commission at the following address: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en. The European Commission will transfer your claim to the notified competent national mediators. MISCELLANEOUS
You agree that these End User Licence Agreement and Terms of Use (and any updates thereof) describe the entire agreement between us with respect to the Sibionics Application, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.
If any of the provisions of the terms under this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms, so that these shall remain in full force and effect. HOW DO I REQUEST FOR SUPPORT OR MAKE A COMPLAINT? If you have any questions about this Agreement, the data we hold on you, or if you would like to delete, amend or correct your personal information or would otherwise like to reach out, please do not hesitate to contact us.
· Email us at: support@sibionics.com
