Términos y Condiciones del Servicio
Terms and Conditions
1.1. The Service consists of a system specially designed for patients treated for diabetes, which allows the tracking, control, and monitoring of blood glucose levels and other parameters related to health conditions. The Platform allows Users to upload their information and send reports to their doctor or any other person in charge of their health care.
2.1. Registration. In order to access the Service, Users must download and install the Mobile App in their mobile device and create an account (hereinafter, “User Account”), which includes a user name and a password. Users warrant that the information provided for the purposes of such registration is complete, accurate and up to date.
2.2. Users shall be solely responsible for the safety of the User Account and its password and must notify immediately to SugarCoach any security breach or unauthorized use of the User Account.
2.2. Users declare and represent that they are at least eighteen (18) years old or, that they have the consent of their parents or guardians to use the Platform and the Service. Users who reside outside Argentina must check the applicable laws of their country of residence regarding the minimum age for giving valid consent.
2.3. Users use the Platform and the Service at their own risk and responsibility.
2.4. The information provided through the Service and the reports generated by the User on the Platform aims to support, facilitate and modernize the self-care of diabetes, and do not replace medical advice. The User should consult their doctor regarding the interpretation of the information uploaded to the Platform and eventually about the treatment to be followed.
2.5. Users are not allowed to:
2.5.1. Use the name of another person as their user name.
2.5.2. Use another User Account or any other person's registration information for the Service without that person's permission.
2.5.3. Use the Platform or the Service for commercial purposes.
2.5.4. Attempt to damage, hack, crack, reverse engineer, or otherwise interfere with the Site or the Services in any manner;
2.5.5. Post, email, distribute, communicate, transmit or otherwise make available any viruses or similar malicious software that may damage the operation of a computer, the Site, or the Service.
2.6 The User may terminate the subscription to the Service and by writing to the following email address [firstname.lastname@example.org]
3. USER CONTENT
The information uploaded by Users to the Platform, including User Account information and all content that User uploads to the Platform by using the Service (hereinafter "User Content") are exclusively owned by Users and only the Users are responsible for it. CoacherupSugarCoach ensures that the User Content will not be made public by SugarCoach. The User is responsible for all the posted content and activity that occurs under their User Account.
4. INTELLECTUAL PROPERTY
4.1. The Site and the Mobile App are the exclusive property of SugarCoach.
4.2 The User agrees to respect all property rights that SugarCoach has over the Site, the Mobile App and the Service. Total or partial reproduction, even for personal use, by any means is prohibited. The performance of any of these acts without authorization of SugarCoach constitutes an infringement of SugarCoach´s intellectual property rights and may be considered as a crime under the Argentine Criminal Code.
4.3 The trademark “SugarCoach” is the exclusive property of SugarCoach. The User shall inform SugarCoach about any misuse or infringement of trademarks that may come to their knowledge and shall assist SugarCoach in all measures needed to defend its intellectual property rights over its trademarks.
SugarCoach grants to Users a non-exclusive, non-transferable, worldwide, limited, non-sub licensable, license to access and use the Platform and the Service. Any license which is not expressly granted in these Terms and Conditions is deemed not granted.
6. PERSONAL DATA AND PRIVACY
7. THIRD-PARTY SITES AND SERVICES
7.1. Sometimes the Service may contain links to other websites, services or resources on the Internet (hereinafter “Third Party Sites and Services”). Third-Party Sites and Services are not under SugarCoach´s control and User acknowledges that SugarCoach is not responsible for the content, functions, legality, or any other aspect of those Third Party Sites and Services.
7.2. Access to Third-Party Sites and Services shall be at Users ‘sole risk and responsibility.
8. DISCLAIMER OF WARRANTY
8.1. SugarCoach offers the Service "AS IS" without any kind of warranty. The User accepts that SugarCoach its directors, agents, suppliers, partners and/or employees makes no representation or warranty regarding:
8.1.1. The security and/ or availability of the Service.
8.1.2. That the use of the Service will meet User's expectations.
8.1.3. That the data entered by Users is accurate.
8.1.4. The expertise, qualification or performance of the professionals who will eventually control the information and/or Users ‘health.
9. LIMITATION OF LIABILITY
9.1. SugarCoach shall not be responsible for any damages, either direct, indirect, general, special, compensatory, incidental or any other damages or losses that Users or any third party may suffer due to the use of the Service, including, but not limited to damages or losses occasioned by:
9.1.1. The interpretation made by health professionals or any other person in charge of Users´ health or who has access to User Content.
9.1.2. Errors or omissions in the User Content.
9.1.3. Connection failures or temporary unavailability of the Service.
9.1.4. Any use of the Service contrary to these Terms and Conditions.
User shall indemnify, defend and exonerate SugarCoach from all damages, liabilities, and costs arising as a result of third party claims, whatever their nature, against the SugarCoach and/or its directors and/or employees in relation to any damages arising from the use of the Platform or the Service.
11.1. SugarCoach reserves the right to modify the Service in whole or in part or any of its features, and/or the conditions of access to the same.
11.2. SugarCoach reserves the right at its sole discretion to, change, modify, add, or remove portions of these Terms and Conditions and/or its Privacy Policies at any time. Such changes will take effect immediately after its publication on the Site or from the date in which SugarCoach notifies you of the same. While SugarCoach intends to notify its Users of changes in the Terms and Conditions and Privacy Policies, Users should periodically review the Platform to access the most recent version of the same. If after the publication of the changes Users continue using the Platform and /or the Service, such use shall imply their acceptance of the changes.
12. FORCE MAJEURE
SugarCoach shall not be liable for any breach of these Terms and Conditions in cases where such breach is due to a fact that is beyond the reasonable control of SugarCoach, including but not limited to, any natural catastrophe, strike, lockout of any kind, interruption in the supply of electricity, telephone, telecommunications, and any other natural cause, technological, political or economic, or other situation that cannot be overcome by the use of reasonable care without causing excessive costs.
13. CANCELLATION OF ACCOUNT AND SERVICE
13.1. SugarCoach may cancel User Account and/or the Service if the User or any other person that may have access to User Account violate these Terms and Conditions.
13.2. The User shall have the right to request the cancellation of the service at any time.
14. COMPLETE AGREEMENT
14.1. These Terms and Conditions replace all prior or contemporaneous communications and proposals (oral, written or electronic) between the User and SugarCoach.
14.2. If any of the clauses of these Terms and Conditions prove to be invalid, the invalidity shall be limited to the minimum extent necessary so that the remaining clauses of the Terms and Conditions remain enforceable.
15. NO WAIVER
If the User or SugarCoach could not exercise any of the rights arising from these Terms and Conditions, it shall not be deemed as a waiver of such rights.
16. APPLICABLE LAW AND JURISDICTION
16.1. These Terms and Conditions are governed and construed in accordance with the laws of Argentina.
16.2. Any dispute arising from these Terms and Conditions, their existence, validity, interpretation, scope or compliance with, shall be subject to the jurisdiction of the courts of Argentina,
If you have any questions or comments about the Service and / or the Terms and Conditions, you may contact SugarCoach using the following e-mail address: [email@example.com]