These Terms of Use govern the use of the http://www.happydiab.com website.
HappyDiab srl is the developer of a diabetes data management and analysis system to review, analyze and evaluate patients' glycemic history, blood glucose test results, ketonemia test results, data from connected devices and information entered by the user, including insulin doses, diet, physical activity, as well as notes accompanying the diabetes management program to prevent hypoglycemia (the "HappyDiab System" or the "Site").
HappyDiab is not responsible for your connection to the blood glucose meters (the "Meter(s)") or your decision to upload data from the Meter(s) to your HappyDiab account.
THE HAPPYDIAB SYSTEM IS NOT DESIGNED FOR THE DIAGNOSIS OR SCREENING OF DIABETES. USERS SHOULD UNDERSTAND THAT THE HAPPYDIAB SYSTEM IS AN INFORMATION MANAGEMENT SERVICE FOR ANALYZING BLOOD GLUCOSE DATA, BUT IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE ADVICE. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR MEDICAL CONDITION, INCLUDING DIABETES MANAGEMENT.
AS A CONDITION OF USING THE HAPPYDIAB SYSTEM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS THE SITE, THE SERVICES IT PROVIDES OR THE INFORMATION IT CONTAINS.
YOUR USE OF THE SITE IS ALSO SUBJECT TO THE PRIVACY STATEMENT AVAILABLE AT WWW.HAPPYDIAB.COM ("PRIVACY STATEMENT"), WHICH EXPLAINS HOW WE COLLECT, PROTECT, RETAIN, STORE, DISCLOSE AND, IN SOME CASES, TRANSFER PERSONAL INFORMATION ABOUT YOU THAT YOU PROVIDE IN CONNECTION WITH YOUR USE OF THE SITE.
You do not need to create a user account in the HappyDiab System to simply visit the Site and consult it.
You must expressly authorize us to process your personal health data in order to use the HappyDiab System. You may withdraw your consent at any time by following the steps for deleting your HappyDiab System account.
After withdrawing your consent, your personal information will not be processed accordingly. However, the withdrawal of your consent does not affect the processing by us of your personal information where this has already begun or is carried out on the basis of your prior consent or authorization.
-General information
HappyDiab allows only one account per e-mail address in the HappyDiab System and reserves the right to limit the number of devices associated with an account in the HappyDiab System.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age. If you are a child under the laws of the country in which you reside, you may use this Site only with the consent of your parent/guardian. If you are the parent/guardian of a child, you must create an account for the child in the HappyDiab System. You understand and agree that you are responsible for your child's use of the Site and the HappyDiab System and for any violation by your child of these Terms of Use, which violation may result in termination or suspension of your account with the HappyDiab System.
- Account in the HappyDiab System
The Site is the portal that allows you to create an account in the HappyDiab System, where your personal information, including information about your health, as well as the results from your HappyDiab compatible Readers are stored and analyzed by you and your healthcare professional. Do not disclose your HappyDiab System account information to anyone.
You must not share your HappyDiab System account login and/or password. You are responsible for maintaining the confidentiality and security of your account in the HappyDiab System and for all activities that occur under or through your account. You agree to notify HappyDiab of any security incident of which you become aware or of any failure affecting your account registered in the HappyDiab System, including when you suspect that your password has been hacked. HappyDiab will not be liable for any loss, theft or compromise of passwords or for any activity on your account in the HappyDiab System by unauthorized users or for any loss arising from, or in connection with, your unauthorized use of your account in the HappyDiab System.
If you already have an account with the HappyDiab System, you may log in using your e-mail address and password. Your use of this Site is subject to these Terms of Use. It is your responsibility to have a stable Internet connection, as well as the hardware and peripherals necessary to use, access and use the HappyDiab System. You agree to use the HappyDiab System only as expressly authorized in this Agreement. HappyDiab, its affiliates and suppliers own all right, title and interest in and to the HappyDiab System and the content provided on the Site, including logos, graphics, video, photos, software and other materials ("Materials").
Subject to these Terms of Use and your compliance therewith, HappyDiab grants you and any children in your care a limited, personal, non-exclusive, non-transferable license to use and display the Elements and to use this Site for private purposes only. Except for the foregoing license, you have no other rights to the Site or the Materials, and you may not modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance or exploit them in any way. If you or anyone for whom you are responsible violates any provision of these Terms of Use, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
- Use of the HappyDiab System by a parent/guardian
A parent/guardian may create an account in the HappyDiab System for a child. Adults are responsible for the child for whom they create an account in the HappyDiab System. If you agree to create a HappyDiab System account for a child when prompted, you agree to monitor the child's use of the HappyDiab System. You agree not to use your child's e-mail address (if he or she has one) to create an account in the HappyDiab System. The HappyDiab System can only create one user account per e-mail address. If you wish to create more than one account, for yourself and for one or more children, you must use different e-mail addresses, but in all cases you are responsible for monitoring your child's or children's use of the HappyDiab System.
The HappyDiab System is designed and intended for private and strictly individual use, and you agree that any account in the HappyDiab System that you create for a child will be exclusively for said child and will not be shared by you or any other person. You are responsible for the confidentiality and security of your login information, including your password, and for all uses of and activities under your account. You agree to notify HappyDiab if you, or your child, become aware of any security incident or breach affecting the account you have created for your child in the HappyDiab System, including when you become convinced that your password has been hacked. HappyDiab assumes no responsibility or liability for any loss, theft or compromise of passwords or for any activity on your HappyDiab System account by unauthorized users or for any loss arising from or related to the unauthorized use of your child's HappyDiab System account by you or your child.
If you create an account in the HappyDiab System as a parent/guardian for a child or use the Site and an account in the HappyDiab Data Management System for the benefit of a child, you warrant that you have actual legal authority to create an account in the HappyDiab Data Management System for your child and are legally bound by these Terms of Use.
- Authorized uses of your HappyDiab System account
If you are an adult, you must enter certain personal information, including your e-mail address and password, in order to use the HappyDiab System and create your HappyDiab System account. You agree to provide accurate and complete information when registering and using the HappyDiab System, and you agree to enter only accurate, current and complete information in your HappyDiab System account. These Terms of Use allow you to set up an account in the HappyDiab System if you are a private user, acting on your own behalf or on behalf of another adult or child, at home, for personal, non-commercial purposes, with the account being used by yourself or other members of your household.
If you set up an account in the HappyDiab System on behalf of another adult or child in your household, you must first communicate these terms of use to them and then verify that they understand and accept them, if applicable.
- Prohibited uses of your account in the HappyDiab System:
You agree not to use the HappyDiab System to:
1. upload, download, e-mail, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another's privacy or otherwise objectionable;
2. pretend to be someone else or lie about your identity, age or relationship to others (including children). HappyDiab reserves the right to reject or block any account in the HappyDiab System or any e-mail address that may be used to falsify your identity or that of another person, or that has been used to hack into another user's data;
3. upload, download, e-mail, transmit, store or otherwise make available the data or other information of children (anyone under the age of 18 or a minor under local law), including but not limited to the following: full name or surname, date of birth, e-mail address and data from their reader and/or sensor, unless you are a parent/guardian of the child;
4. infringe anyone's intellectual property rights (including by uploading any content that you do not have the right to upload);
5. upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to interfere with, disrupt or limit the normal operation of the HappyDiab System (or any part thereof), or any other computer software or hardware; or
6. interfere with or disrupt the HappyDiab System (including by accessing the HappyDiab System through automated means, such as scripts or spiders) or servers or networks connected to the HappyDiab System, or violate any policies, requirements or regulations of networks connected to the HappyDiab System (including by unauthorized use of, access to, or monitoring of data or traffic on such networks);
7. collect, store or upload personal information, including health data, about individuals using a blood glucose monitoring system without obtaining their prior consent or, more generally, without being authorized to do so, for example if you are a caregiver, parent or guardian;
8. reverse engineer, decompile, disassemble, decode or modify the HappyDiab System, or create derivative works therefrom or obtain access to its source code, except as and only to the extent permitted by applicable law; and/or
9. collect, store or upload personal information, including health information, about any other user of the HappyDiab System.
- Availability and accuracy of information
The HappyDiab Site, or any feature or part thereof, may not be available in all languages or in all countries and HappyDiab makes no representation that the HappyDiab Site, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access and use the HappyDiab Site, you do so with full knowledge of the facts and are responsible for compliance with applicable laws. Any data you transmit to or store on the HappyDiab Site is based solely on blood glucose, ketone and insulin data and other information provided by you or third parties. HappyDiab makes no representations or warranties as to the accuracy, completeness, reliability or timeliness of any information provided by you or third parties, or any content generated by the data you store on the HappyDiab Site. In particular, HappyDiab makes no representations or warranties that any information based on such data will comply with applicable disclosure regulations.
- Deleting your account from the HappyDiab System:
You may delete your account at any time. Your HappyDiab System registered account and all information, including personal and health information, stored in your HappyDiab System account will be deleted upon receipt and processing of your deletion request, unless there is a contractual or legal obligation to retain your information in our databases. Please note that it may take up to 72 hours to process your request. A parent/guardian may request the deletion of an account used by their child in the HappyDiab System. HappyDiab is under no obligation to keep/store or save your account in the HappyDiab System. It is your sole responsibility to retain/manage/store and safeguard (in electronic and/or hard copy format) all data you wish to preserve. HappyDiab assumes no responsibility if your information is accessed, used or modified without your permission. If you e-mail, save, screenshot your account information or otherwise share your personal information or reports with third parties, the information may not be encrypted, and HappyDiab will not be able to ensure its confidentiality or security. You shall take such steps as you deem necessary to protect the security of such information. Unless otherwise provided by law, you agree that your account on the HappyDiab System is non-transferable and that any rights you may have to have an account on the HappyDiab System or to store data on the HappyDiab System will terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated in the HappyDiab System and all information contained therein may be deleted. Send an email to [to be completed]@HappyDiab.com for more information. If you have chosen to share your account information in the HappyDiab System with your healthcare professional, family members and/or friends and you delete your account, they will no longer be able to view your glucose results. HappyDiab reserves the right to delete accounts from the HappyDiab System after six months of inactivity. We will try to inform you in advance so that you can take the necessary steps to ensure that your account remains active and that you can continue to access it.
- Links to Third Party Sites
This Site may be linked to other websites that are not controlled or operated by HappyDiab (collectively, "Third Party Sites"). Certain parts of the Site may allow you to interact and/or conduct transactions with these Third Party Sites and, where applicable, allow you to configure the privacy settings of your account on the Third Party Site to allow you to share the activities you perform on this Site with the contacts registered in your account on the Third Party Site and, in some cases, you may be redirected to a Third Party Site via a link, even if it appears that you are still on this Site. In all cases, you acknowledge and agree that Third Party Sites may have different privacy policies, terms and conditions and/or user guides and business practices than HappyDiab, and that your use of such Third Party Sites is governed by their privacy notices, terms and conditions and/or user guides. You further acknowledge and agree that your use of such Third Party Sites is governed by the privacy notices, terms and conditions and/or user guides of such Third Party Sites. You hereby agree to all such third-party sites' terms and conditions, user guides and privacy policies. HappyDiab provides links to Third Party Sites as a convenience to you, but does not review, make any representations about, or assume any responsibility for, such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, services, links displayed, and/or other activities conducted on or through such Third Party Sites.
You agree that HappyDiab shall not be responsible or liable, directly or indirectly, for any products, services, information, resources and/or content available on or through any Third Party Site, or for any transactions or communications with third parties, or for any harm or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content or business practices. No reference on the Site to products, services, publications, establishments or organizations of third parties constitutes or implies any endorsement or recommendation by HappyDiab.
- NO medical advice
The HappyDiab System is not designed to diagnose or screen for diabetes. Individuals should always seek the advice of their physician or other qualified health care professional if they have any questions regarding a medical condition. Individuals should never disregard professional medical advice or delay seeking such advice based on information contained in their HappyDiab System registered account. You should follow your doctor's or other healthcare professional's usual instructions if your results are too high or too low, or if you notice other diabetes-related changes in your health.
While HappyDiab uses the information received through the HappyDiab System to improve its treatment advice, it does not provide medical care and is under no obligation to contact an individual's physician or any other healthcare professional in the event of changes in results.
The HappyDiab System is designed to help people better manage diabetes by providing data, analysis and other communications. It is solely up to you, your physician and other qualified healthcare professionals to communicate your blood glucose levels and other diabetes-related information, to provide feedback and to discuss or recommend existing testing and treatment options. HappyDiab does not recommend or endorse any test, product, procedure or opinion.
If you decide to act on any information transmitted or stored in the HappyDiab system or any information received from HappyDiab employees, agents or suppliers, you do so at your own risk.
- No Medical File
The information made available to you through the HappyDiab System does not constitute an electronic medical record. If you deem it necessary to include in your medical records any information contained in your HappyDiab account at your sole discretion, you may reproduce such information by printing it.
- Disclaimer of warranties
You expressly acknowledge and agree that your use of the HappyDiab System is at your sole risk and that, to the extent permitted by law, you assume the entire risk as to its ability to provide satisfactory quality, performance, accuracy and functionality.
The HappyDiab System is designed to facilitate access to your blood glucose data and other diabetes-related information. Any content included in the HappyDiab System is intended only to provide information for the analysis of blood glucose data. While HappyDiab believes that the data displayed in the HappyDiab System is accurate at the time of transmission, HappyDiab makes no representations, express or implied, as to the accuracy, completeness or timeliness of the information. Some of the above exclusions of warranties may not be effective in all countries or jurisdictions and therefore may not apply to you. HappyDiab will not be liable to you for any errors, omissions or delays in the transmission of information, or for interruptions in any connection between telecommunications systems and the HappyDiab System.
To the fullest extent permitted by applicable law, HappyDiab (its affiliates and third party suppliers) provides the HappyDiab System to users on an "as is" and "as available" basis, with all faults and imperfections and without warranty of any kind, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, warranties of title and non-infringement of third party rights, and all implied warranties, obligations or conditions of merchantability, fitness for a particular purpose and freedom from viruses. No oral or written information given by HappyDiab or by an authorized representative of HappyDiab shall be construed as a warranty.
HappyDiab, its affiliates and third party suppliers do not warrant that the functions contained in the HappyDiab System will meet your requirements or that the operation of the HappyDiab System will be uninterrupted or error-free. Some countries/states and provinces/jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts. Therefore, the above exclusions may not apply to you. To the extent that applicable law requires HappyDiab to provide warranties, you agree that the scope and duration of such warranties will be the minimum required under such law.
HappyDiab makes no warranties or representations as to any third party hardware or software and disclaims all liability for any failure thereof. HappyDiab disclaims all liability that may arise from legal actions or claims against HappyDiab or its affiliates, agents or assignees, or other third parties, in connection with the enforcement of these terms and conditions. Some countries/states and provinces/jurisdictions do not allow the exclusion of warranties. Therefore, the above exclusions may not apply to you in their entirety.
- Limitation of liability
Notwithstanding any losses you may suffer and to the fullest extent permitted by law, the total liability incurred by HappyDiab, its affiliates and suppliers under or in connection with these terms of use and your sole remedy therefor, shall be limited to the repair or rectification of any defects in the HappyDiab System. To the fullest extent permitted by applicable law, in no event shall HappyDiab, its affiliates or suppliers be liable for any damages, including special, incidental, indirect or consequential damages (including, without limitation, damages for loss of profits, loss of data or other information or business interruption, personal injury, invasion of privacy arising out of or in connection with the use or inability to use the HappyDiab System, third-party software and/or third-party hardware used or capable of being used with the HappyDiab System, losses caused by viruses or other technologically harmful agents that may infect your device as a result of downloading the mobile application/content/website linked to the HappyDiab System, or more generally in connection with any provision of these terms of use), even if HappyDiab, its affiliates or third-party suppliers have been advised of the possibility of such damages and even if the relief granted does not fulfill its primary purpose. Should an error in the HappyDiab System cause computer problems and associated data loss, you alone are in a position to implement appropriate backup plans and protection systems according to your needs. For these business reasons, you understand and accept the limitations of liability set forth in this section and acknowledge that without your consent to this provision, any applicable charges would be higher.
Because some countries/states and provinces/jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, the limitations or exclusions in this section may not apply to you in their entirety and any liability must, to the fullest extent possible, be assumed in accordance with applicable law.
Other than information you share with your healthcare professional through the HappyDiab System, when you choose to share your personal information, including information about your health, from your account registered in the HappyDiab System with third parties, including third party applications, you acknowledge and agree that, to the fullest extent permitted by law, neither HappyDiab nor its business partners are responsible for your decision to share and/or disclose your personal data, including your health information. In addition, you hereby release HappyDiab and its business partners from any liability that may arise from the collection or other processing of your personal information by such third parties.
- Indemnification
You agree to indemnify, defend and hold HappyDiab, its affiliates and their respective officers, directors, employees, agents, successors, assigns and licensors harmless from and against any and all claims, demands, liabilities, losses, costs and expenses (including attorneys' fees and costs of other experts) asserted by third parties, arising out of or in connection with any breach by you or other members of your household or organization of these Terms of Use or of any laws, regulations or rights of third parties, including their copyrights or intellectual property rights, or more generally in connection with your or their use of the HappyDiab System, whether as a result of negligence, omission or willful misconduct.
- License
HappyDiab does not claim ownership of the data you transmit or submit to the HappyDiab System. By disclosing your personal information to HappyDiab, you grant HappyDiab a non-exclusive, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publish and translate such information for the purpose of making the HappyDiab System available to you. HappyDiab may create, access, store and use, or disclose to third party researchers, aggregated, non-identifiable or anonymized (or pseudonymized, to the extent permitted by applicable law) information from the HappyDiab System for research purposes, to evaluate the manner in which the HappyDiab System is made available to users, to evaluate its use and its various components and equipment, to evaluate its performance, to improve the operation of the HappyDiab System, to validate upgrades to the HappyDiab System or to develop new products. You agree that the license granted hereunder authorizes HappyDiab to take such actions.
- Feedback
Any data, comments or materials you communicate through the HappyDiab System or provide to HappyDiab for support, including feedback data, such as questions, comments, suggestions, etc. ("Feedback"), shall be considered non-confidential and non-proprietary. HappyDiab assumes no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display or transfer the Feedback, or distribute the Feedback to third parties, or create derivative works therefrom, without limitation, with the exception of health and personal information that may be included in the Feedback. Furthermore, HappyDiab shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such Feedback.
- Trademarks
HappyDiab and any associated marks are trademarks of HappyDiab in various jurisdictions. Other trademarks are the property of their respective owners. You are not granted any license or right, express or implied, in or to the aforementioned trademarks, and you also agree not to remove, obscure or alter any proprietary rights notices (including those relating to trademarks and copyrights) that may be affixed to or contained within the HappyDiab System. No use of HappyDiab trademarks, trade names or trade dress may be made without the prior written consent of HappyDiab, except to identify the company's product or services.
- Proprietary Rights
You acknowledge and agree that HappyDiab and/or its licensors own all right, title and interest in and to the HappyDiab System, including but not limited to the graphics, user interface, scripts and any software used to implement the HappyDiab System, as well as to any software, including open source software, or documents provided to you within and/or in connection with the HappyDiab System, including all applicable intellectual property rights hereunder, whether registered or unregistered, and in any part of the world where they may be applicable. You also agree that the HappyDiab System contains proprietary and confidential information that is protected by intellectual property rights and other applicable laws, including, without limitation, copyright laws. You agree not to use such information or data in any way except in connection with the use of the HappyDiab System in accordance with these Terms of Use. No part of the HappyDiab System may be reproduced in any form or by any means, except as expressly permitted in these Terms and Conditions or by applicable law. You may not remove any product identification, copyright notices or proprietary rights restrictions from the HappyDiab System. You expressly acknowledge and agree that access to the HappyDiab System is subject to a license that is not sold to you and that HappyDiab, its licensors, affiliates and suppliers grant to you a non-exclusive license to use the HappyDiab System on the basis of these Terms of Use and that your use of the HappyDiab System is also subject to any rules or policies enforced by HappyDiab's affiliates and third-party suppliers. You therefore agree that HappyDiab and/or its licensors do not transfer to you any ownership rights in the HappyDiab System, any intellectual property rights or any other technology, data or materials, and, with respect to the relationship between the parties, HappyDiab, its affiliates, its suppliers and licensors retain exclusive ownership of all right, title and interest in and to all aspects of the HappyDiab System, any Intellectual Property Rights and other technology, data or materials, and any copies or modifications thereof (by whomever created and when created).
Any rights not expressly granted herein are reserved by HappyDiab and/or its licensors. Use of the materials and related rights owned by HappyDiab, its affiliates and suppliers, is expressly acknowledged, except if and only to the extent that the foregoing acknowledgment is unenforceable in some countries/states and provinces/jurisdictions.
- Termination of your HappyDiab System account
These terms of use apply from the moment you create an account in the HappyDiab System and remain valid until terminated. You may request HappyDiab to delete your account from the HappyDiab System at any time. HappyDiab may suspend or close your account in the HappyDiab System without notice for the following reasons:
1. Any violation by you of these Terms of Use.
2. Your failure to provide accurate, current and complete information in your HappyDiab System account.
3. You have not reported a security incident or suspected or actual hacking of your HappyDiab System account password.
- Applicable law
These terms and conditions shall be governed by and construed in accordance with Belgian law. Any dispute not settled by mutual agreement will be brought before the materially competent courts.
In the event that any provision of the terms and conditions is declared invalid or unenforceable, such provision shall be construed to best reflect the intentions of the parties and the remaining provisions shall be deemed applicable by operation of law.
HappyDiab's failure to enforce any provision of these terms and conditions or any of its rights shall not be construed as a waiver of any such provision or right.
- Changes to the HappyDiab System Terms of Use
HappyDiab reserves the right to modify these Terms of Use at any time and to impose new or additional terms and conditions on your use of the HappyDiab System. These modifications and additional terms will appear on your screen the next time you use the Site. If you accept them, they will apply immediately. In the event that you refuse to accept such modifications, HappyDiab shall have the right to terminate these Terms of Use, to discontinue your use of the Site and to close your account with the HappyDiab System upon four weeks notice.