GENERAL TERMS AND CONDITIONS

1.PRELIMINARY, GENERAL PROVISIONS

1.1

The present General Terms and Conditions (hereinafter referred to as “GTC” or “General Terms and Conditions”) include the rights and obligations related to the provision and use of DiabTrend journaling application for diabetic persons (hereinafter: “Application”) operated by DiabTrend AI Analytics Korlátolt Felelősségű Társaság(registered seat: 8000 Székesfehérvár Had utca 1-3., company registration number: 01-09-308237; hereinafter referred to as “Service Provider”) and downloadable from the Apple Store and Google Play web stores (hereinafter referred to collectively as “Webstores”, separately as (“Webstore”), and to the provision and use of services accessible on the https://diabtrend.com website (hereinafter referred to as the “Website”), as well as to newsletter services (all of the services hereinafter referred to as the “Service”).

1.2

The purpose of the Service accessible through the Application is to provide the persons with diabetes (hereinafter: “User”) a transparent, an easy to use opportunity journaling the data - to be determined below – related to keeping the blood glucose level on an appropriate level, furthermore to send predictions on the blood glucose level of the User based on the sufficient amount of and accurate data recorded by the User into the Application.

1.3

The Service Provider provides an opportunity in the Application to its Users to send the data recorded by the User for third persons specified by the User (e.g. the User’s doctor) in a machine readable and easy to use format and to make such third persons able to use such data. Certain functions in the Application are not available, or available in a limited way only, for these the provisions of the present GTC are applicable.

1.4

The Services available in the Application are available by paying a monthly fee. The payment conditions are set forth under Section 5 of the present GTC.

1.5

The GTC is available on the Service Provider's Website: under the menu item https://diabtrend.com/Terms.

1.6

The acceptance of the GTC is a prerequisite for the use of the Service, and the User must expressly accept it on the Website or in the Application when using the Service. The User accepts and agrees to this GTC and the Service Provider's Privacy Policy (hereinafter referred to as “Policy” or “Privacy Policy”). The Policy forms an integral part of this GTC and shall be construed in the manner of the provisions of the GTC. The Service Provider's Policy can be accessed from here.

2. DEFINITIONS

GTC: This General Terms and Conditions containing the detailed rules of the contract concluded between the Service Provider and the User.

User: any natural person who enters into a legal relationship with the Service Provider for the provision of a service specified in this GTC and under the terms of this GTC. The Services provided by the Service Provider may be used by any person regardless its age, however minors under the age of 16 shall only use the Service with the approval of the legal representative. The User hereby declares and warrants that he or she complies with the terms of this clause, is not incapacitated, furthermore, if his or her legal capacity is partially limited or incompetent the legal representative or the legal guardian shall represent him or her, furthermore understands and acknowledges the provisions of this GTC. In the event of any breach of this user warranty, only the User or its legal representative or legal guardian violating the warranty shall be liable for any damages and costs incurred thereof.

For the purposes of this GTC, any person who downloads the Application from the Apple Store or from the Google Play web store in order to use the Service shall be considered a User.

Application: A mobile application (app) available in the Google Play web store and the Apple Store. The Application is available on Android and IOS operating systems, it can be downloaded free of charge.

Civil Code: Act V of 2013 on the Civil Code

Services: the journaling and blood glucose predicting services, furthermore the newsletter service that are currently available in the Application or on the Website

  • Journaling Service: By using this feature, Users registered in the Application can record and store the data related to keeping the blood glucose level on an appropriate level.
  • Blood Glucose Predicting Service: By using this service the User, after recording an adequate amount of data, receives a prediction on his blood glucose level. Important: The Blood Glucose Predicting Service does not constitute a medical advice even in case of recording adequate amount of data, thus decision regarding the User’s health status shall not be made based on this Service! (for more information see section 9.10 of the present GTC)
  • Newsletter Service: By using this service the User receives the Newsletter of the Service Provider sent at specified intervals.

Contract: A specific contract concluded between the Service Provider and the User for the use of any of the Services available through the Application.

Service Provider: DiabTrend AI Analytics Korlátolt Felelősségű Társaság (registered seat: Hungary, 8000, Székesfehérvár, Had utca 1-3.; company registration number: 01-09-308237; tax number: HU26215840, e-mail contact: hello@diabtrend.com)

Website: the website https://diabtrend.com and its subsites.

3. REGISTRATION, CONCLUSION OF CONTRACT

3.1

The Contract between the Service Provider and the User is concluded by registering through the registration interface accessible in the Application, with the following steps:

3.1.1

The User, to use the Services available in the Application, must register through the registration interface, or by using his/her Facebook user account to sign in the Application.

3.1.2

Registration interface

3.1.2.1

After completing the requested information in the registration interface, the User declares that he or she has learnt and accepts the content of the GTC and consents to the processing of his or her personal data as specified in the Policy. During the registration the User’s e-mail address, the first and last name is required.

3.1.2.2

After providing the User’s data and accepting the GTC and the Privacy Policy, the User sends its registration to the Service Provider. The Service Provider sends an email confirming the registration to the e-mail address provided by the User in the registration sent.

3.1.2.3

The User activates his or her registration by clicking on the link in the confirmation e-mail and confirms the accuracy of the data contained in his or her registration, thereafter the system activates the User’s registration and therewith the Contract between the parties is concluded.

3.1.3

Facebook user account

3.1.3.1

By using his or her Facebook user account the User can use the Application without registering into it. By signing into the Application with the Facebook user account the Facebook will send the User’s name, e-mail address and profile picture to the Service Provider.

3.2

After registration, the User may, at any time, correct or modify the data input errors or any changes of the data through the Application.

3.3

During the registration, if the User is not logging in as a Facebook user, the User has the option to upload a profile picture (hereinafter referred to as “Profile Picture”). The User may not upload violent, naked, partially naked, discriminatory, infringing, hateful, pornographic or sexual photo or other similar picture (hereinafter referred to collectively as “Prohibited Picture”) as Profile Picture. The Service Provider reserves the right to delete the Prohibited Picture uploaded by the User as a Profile Picture without prior notice.

3.4

The Service Provider is entitled to modify the detailed profile data.

3.5

The Service Provider shall not be liable for any damages arising from data wrongly and/or incorrectly given by the User. The User can any time change the data given during the registration including the identifier. The registration shall be done once by the User, in case of further accesses to the Application this step is not required anymore.

3.6

The Service Provider shall not liable for any damages arising from being the Users’ e-mail address and/or password available to unauthorized persons. The User can request assistance from the Service Provider at the hello@diabtrend.com e-mail address in case the e-mail address and/or the password is forgotten, lost or becomes available to unauthorized persons.

3.7

Under the present GTC, the Contract between the Parties shall be considered as a written Contract. The Service Provider shall record the data of the User who concludes the Contract, the place and time of the Contract, and the data provided by the User during registration and the text of the General Terms and Conditions which is in effect at the time of the conclusion of the Contract. Upon the request of the User, the Service Provider sends information on the above to the User in writing.

3.8

The Website and the Application may be used by any User solely at his or her own risk and under his or her own responsibility.

4. SERVICES

4.1

Under this GTC, the Service Provider undertakes to provide the User with the Services pursuant to the functions and contents of the payment options specified in the present GTC.

4.2

Journaling Service

4.2.1

By using the Journaling Service the User has an opportunity to record the data and information related to keeping the blood glucose level on an appropriate level in an electronic, easy to use and transparent system.

4.2.2

During the use of the Journaling Service the User can record the following data

a) General data:

  • date of birth
  • weight
  • height
  • sex
  • type of the diabetes
  • date of diagnosing the diabetes
  • type of _______ used
  • using an _______ pump
  • unit of measure regarding the measurement of the blood glucose level
  • using specific devices (Dcont Nemere, Amazfit Bip Watch)
  • using Google Fit and the connecting with the Application

b) Data relating to blood glucose level

  • date of measurement
  • blood glucose level
  • comment

c) Data relating to _______

  • date of injecting the _______
  • injection of the _______ into the stomach
  • effect of the _______: short or long
  • _______ dose
  • comment

d) Data relating to eating

  • date of eating
  • recording the meal
  • photo on the meal

e) Data relating to exercising

  • starting date of exercising
  • end date of exercising
  • intensity of the exercising: light, medium, intensive
  • comment

f) Data relating to sleeping

  • beginning date of sleeping
  • end date of sleeping
  • comment

g) Other events

  • periods
  • HbA1c
  • illness
  • hypoglycaemia

h) Data recorded automatically if the User connects the Application with the devices and / or applications listed under point a)

  • pulse data

The Service Provide provides in the frame of the Journaling Service the opportunity, that a third person (e.g. the User’s doctor) specified by the User may get the User’s data recorded in the Application in a machine-readable format.

4.3

Blood Glucose Predicting Service

4.3.1

By using this service the Service Provider provides the User with the result, namely the expected blood glucose level of the User of the software solution that predicts the User’s blood glucose level based on the data recorded during the use of the Journaling Service, which software solution constitutes the exclusive intellectual property of the Service Provider.

4.3.2

The period of the blood glucose level depends on the payment options chosen by the User; therefore a 3 hours, 9 hours and 12 hours blood glucose prediction are currently available.

4.3.3

The accuracy and reliability of the software solution developed by the Service Provider on the Blood Glucose Predicting Service highly dependent on the quantity and accuracy of the data recorded by the User during the use of the Journaling Service. By using the Blood Glucose Predicting Service the User hereby acknowledges that the accuracy and reliability of this service is highly dependent on the data recorded by him or her, furthermore the User undertakes to make every reasonable effort to ensure the accuracy of such data.

4.4

Newsletter Service

4.4.1

The Newsletter Service provided by the Service Provider is available in the Application and also on the Website.

4.4.2

In the Application the Newsletter Service may be requested by clicking on the “subscribe” button on the user profile page with the given e-mail address during the registration or later in the Application.

5. PAYMENT CONDITIONS

5.1

Downloading the Application and the use of the Journaling Service available in the Application is free of charge.

5.2

The payment for the use of the additional services available in the Application can be made through the given Webstore from where the Application was downloaded to the device of the User. To the rules of payment of the amounts indicated in the Application, including the conditions of using the payment service, conditions of starting and recalling the payment operations, the respective rules of the given Webstore are applicable which are established independent from the Service Provider.

5.3

The contents of the Application that are available in exchange for payment can be obtained by the User by paying the amount of the payment construction selected as follows:

  1. „Necessary” monthly renewable subscription
  2. „Recommended” monthly renewable subscription
  3. „V.I.P.” monthly renewable subscription

The Service Provider provides a 30 (thirty) days trial period for the “Necessary” and “Recommended” payment construction after the completion of the payment.

The Service Provider provides an opportunity to the User to set an automatic renewal for each payment construction. If the User uses the automatic renewal option without any prior notice, considering the payment conditions of the Webstore, the Service Provider will charge the payment account indicated by the User and make the Services and function related to the payment construction available for the User for an other month.

5.4

By clicking on the “upgrade” button in the Application the User may extend his or her existing subscription to the services and functions available in the “V.I.P.” payment construction. The prerequisite of extending the existing subscription to “V.I.P.” subscription is the payment of the difference between the “V.I.P.” subscription and the existing subscription.

5.5

The all-time payment for each payment construction and the Services and functions available for each payment construction is indicated by the Service Provider in the Application and on the Website. The all-time price of each content that is available in exchange for payment is indicated next to the content of the Application. The prices indicated do include VAT.

5.6

The Service Provider is entitled to provide discounts, special offer purchases (hereinafter“Discounts”) to the User at dates and duration determined solely by the Service Provider, the availability and conditions of the Discounts shall be indicated by the Service Provider in the Application to inform the User. The Service Provider is entitled to introduce, terminate, modify the conditions of the Discounts at its own discretion, of which change shall be without delay indicated in the Application and on the Website to inform the User.

5.7

The Service Provider is entitled to allocate Discount codes for users determined solely by the Service Provider. The Service Provider is entitled to determine the conditions of the Discounts, and obliged to inform the given User about it.

6. THE OBLIGATIONS OF THE USER

6.1

By registration, the User is obliged to provide his or her data correctly. The User shall be liable for all damages and costs incurred by the Service Provider, the User or a third person as a result of the User providing incorrect data.

6.2

The User, in terms of the data, the uploaded photographs and other documents uploaded by the User during registration, is obliged to comply with the applicable Hungarian legislation. The User shall refrain from any conduct that violates the provisions of this GTC, the rights of others, or is otherwise unlawful, misleading, discriminatory or unfair.

6.3

The User may not upload viruses or malicious code and may not display any behaviour that overloads the Website or the Application, or makes them inaccessible, or prevents their operation.

6.4

The User shall be liable for any damages (including any restitution) that arise at the Service Provider or at a third party, because the User has not complied with his or her obligations set out in the GTC. The Service Provider reserves the right to remove, without delay and without notice to the User, any User content that violates the General Terms and Conditions, or to exclude the User from any further use of the Service, if he or she publishes such content.

6.5

The Service Provider expressly excludes any liability for any damages, including any restitution, arising from erroneous, false, ambiguous or unlawful content provided by the User.

6.6

The User is obliged to comply with the provisions of this GTC and of other bylaws of the Service Provider. Any damages, including restitution, resulting from the violation of such provisions shall be borne by the User. The Service Provider reserves the right to exclude such User without any notice from the Service who violates the obligation set out in this Clause.

6.7

The User acknowledges that if for reasons of unlawful behaviour or of any other behaviour that infringes the current GTC or any other document the Service Provider publishes the User is banned, the service fee already paid shall not be recoverable.

7. AMENDMENT, TERMINATION OF THE CONTRACT

7.1

The Service Provider shall be entitled to amend these General Terms and Conditions unilaterally at any time. The Service Provider publishes the amendment on the Website and notifies its Users thereon in a system message. The amended General Terms and Conditions shall apply to searches and other services which are initiated both prior to and subsequent to the publication of the amendment.

7.2

The User shall be entitled to cancel his or her registration at any time by sending an e-mail to the hello@diabtrend.com e-mail address, which shall also mean the termination of the Contract concluded with the Service Provider. By cancelling the registration, the User’s profile and subscription will be terminated. The deletion of the registration does not mean that the User unsubscribe from the Newsletter Service based on the User’s separate consent during the registration, thus if the User intends to unsubscribe from the Newsletter Service simultaneously with the deletion of the registration, the User shall indicate such intend separately to the Service Provider.

7.3

The Service Provider shall be entitled to unilaterally terminate the Contract with immediate effect, if the User violates any of its obligations set out in this GTC and in any other bylaws of the Service Provider or in applicable law.

7.4

Notwithstanding the provisions set forth under section 7.3, if the Service Provider detects, becomes aware, furthermore the possibility arises that the User registered and / or uses the Application without the consent of the legal representative in case of minor User under the age of 16, or the legal guardian in case of incapacitated User or User with partially limited capacity, the Service Provider is entitled to notice the User to verify in a reliable way in a reasonable time, but not more than 5 (five) days that the consent of the legal representative or the legal guardian has been given. If the User does not verify in a reasonable way the consent of the legal representative or the legal guardian, the Service Provider is entitled to terminate unilaterally the Contract with an immediate effect and to delete the User profile.

7.5

The Service Provider reserves the right to terminate - on 30 days’ notice, without giving reasons and by e-mail - the Contract concluded by the acceptance of this GTC.

8. INTELLECTUAL PROPERTY

8.1

By accepting this GTC, the User acknowledges that the Services, including, but not limited to, contents, illustrations, user interfaces, audio and video clips, editorial content, as well as scripts and software used for the implementation of Services, contain such proprietary information and material the right holders of which are the Service Provider and/or the licensor, and which are protected by applicable intellectual property or other legislation, including, but not limited to, copyright protection. The User accepts that he or she may not use such proprietary information or contents in any other manner than the private, non-commercial use of the Services set out in this GTC. It is prohibited to reproduce any part of the Services in any form or by any means unless expressly permitted by this GTC. The User acknowledges, that he or she may not, in any way, modify, let, sell or distribute the Services or the Application or any part thereof, and he or she shall not be entitled to use the Service in any manner expressly not permitted.

8.2

The DiabTrend name, the DiabTrend logo and any other trademarks, illustrations and logos used in relation to the Service are trademarks of the Service Provider or the Service Provider has the right to use them. The User shall have no rights or no right of use in respect of the above-mentioned trademarks or intellectual property.

8.3

The content of the Application and the Website, including, but not limited to, its graphic elements, text and technical solutions, the layout and design of the Application and the Website interface, the software and other solutions, ideas and implementation used, as well as the content on the Website or on the Application published by the Service Provider are the intellectual property of the Service Provider protected by copyright. The copying thereof, in whole or in part, violates copyrights.

8.4

The use of the Application shall under no circumstances result in the source code being decrypted or deciphered by anyone or in any other way infringe the intellectual property rights of the Service Provider. It is also forbidden to adapt or decrypt the content or any part of the Application; to unfairly create a User profile; the use of any application by which the Application or any of its part can be modified or indexed (e.g. search bot, or any other decryption).

8.5

The User shall provide the Service Provider with a non-exclusive, free and royalty-free, worldwide license for the Profile Picture and other pictures uploaded during the registration and the use of the Application, until the termination of the contract between him and the Service Provider.

9. EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY

9.1

The User may only use the Application at his or her own risk and accepts that the Service Provider shall not be liable for any material damages or personal infringements arising in connection with the use, apart from the liability for damages caused deliberately, by gross negligence or criminal offenses, as well as for breaches of contract causing death or injuries to physical integrity or health.

9.2

The Service Provider excludes any liability for the User's conduct. The User is fully and exclusively liable for his or her own conduct, including the data and other documents recorded in the Application, in such a case, the Service Provider shall cooperate fully with the competent authorities to detect infringements.

9.3

The Service Provider shall be entitled but shall not be obliged to monitor the content that may be made available by the Users in the course of the use of the Application, and the Service Provider shall be entitled but shall not be obliged to look for signs of illegal activity with respect to the published content. The User acknowledges that the Service Provider does not assume any obligations or liability for any data which are edited or uploaded by the User. The User acknowledges that the Service Provider assumes no liability whatsoever for the content of the data and photographs uploaded to the Application, in particular, for their accuracy, authenticity and legality.

9.4

The User shall be liable to the Service Provider for any damages sustained by the Service Provider caused by the User’s non-compliant and/or unlawful use of the Application.

9.5

In lack of the prior written consent of the Service Provider, the User is not entitled to use the Application for advertising or other promotional or political purposes.

9.6

If the User detects any objectionable content (which, in particular, violates the rights or legitimate interests of others, is defamatory, humiliating, abusive, inflammatory, of sexual content and threatens minors, etc.) or observes unusual operation on the Application, he or she shall immediately notify the Service Provider thereon. If the Service Provider finds the notification well-founded, it shall be entitled to cancel or modify the information immediately.

9.7

The Service Provider shall operate the Application with reasonable diligence and expertise. The Service Provider will do its best to ensure the continuous availability of the Services available on the Website and on the Application, however, due to the nature of the Internet, the Service Provider cannot guarantee the continuous operation and the continuity of the Service. The Service Provider shall not assume any liability for any direct or indirect damages caused by technical shutdowns, breaks independent of the Service Provider or destructive applications or programs placed by third parties. The Service Provider will take all reasonable steps to ensure the visits on the Website and on the Application and the use, safety and reliability of the Application, however, technical errors may still occur, and the Service Provider presumes that the User acknowledges the possibility of such technical errors.

9.8

The Service Provider does not make any further statements and undertakes no further warranties regarding the Services, thus, in particular, it does not warrant that:

  • the User may use the Services without interruption and without error. The User acknowledges, that the Service Provider may remove, from time to time, the operation of the Services for an indefinite period, or suspend or terminate the operation of the Service for technical, operational reasons at any time, on which, if possible, the Service Provider informs the User;
  • the Services will be free of loss, malfunction, attack, viruses, intervention, interference, hacking or other harmful interference affecting security, which events are considered as Force Majeure events, and for which the Service Provider shall in no way be held liable. It is the User's responsibility to make backups on or from his or her system prior to, during and after the use of the Services, including any content or data used in connection with the Application.

9.9

The User shall rely on the contents available in the Application and on the Website at his/her own risk and they do not replace regular medical check-ups. The content and information available in the Application and on the Website serve informational purposes only. User shall use all functions of the Application at his/her own risk and the Service Provider shall not be liable for any consequences resulting from the use of the Application.

9.10

The Service Provider does not provide medical advice on the Website and the information provided through the Application cannot be interpreted or applied as such advice. The use of the Application or the Website does not create a doctor-patient relationship between the Service Provider and the User. The User hereby declares, that the User will not make any decisions regarding his/her health status based on the Application or the Website and will consult a licensed medical doctor in all such matters.

10. COMPLAINTS

Complaint can be filed to the Service Provider in the following ways:

11. MISCELLANEOUS PROVISIONS

11.1

This GTC is governed by Hungarian law. To issues not regulated in this GTC, primarily the applicable provisions of the Civil Code as well as the applicable provisions of Hungarian laws and regulatory requirements shall be applied.

11.2

The Service Provider may communicate its legal statements relating to this Contract with effect to the User in a system message sent to the e-mail address provided by the User during registration. The system message shall be considered to be delivered to the e-mail address registered by the User at the time of sending it. The data stored by the Service Provider's IT system shall be applicable to determine the sending time of the system message.

11.3

The Service Provider is entitled to place advertisements or other marketing-related content at any time on the Website or in the Application.

11.4

The Service Provider reserves the right to make changes or corrections to the Website or the Application without prior notice at any time. The Service Provider also reserves the right to place the Website under a different domain name.

11.5

Disputes arising between the Service Provider and the User from the Contract established under this GTC shall be settled by the District Court and the Regional Court, depending on the competence, for the place where the Service Provider has its registered seat, unless it is excluded by binding Hungarian legislation. If this jurisdiction clause is, in any case, excluded by the mandatory rules of Hungarian law, the dispute shall be determined by a court having jurisdiction and competence under the Hungarian Code of Civil Procedure.

11.6

This GTC shall enter into force upon publication on the Website and shall remain in force until its cancellation or amendment.

Please accept the present GTC only, if you agree with the above.

If you have any further questions regarding the GTC, please contact us at hello@diabtrend.com

The present General Terms and Conditions are effective from March 1, 2019.

Click here to view and download the printer-friendly version of the present GTC.

DiabTrend AI Analytics Ltd.

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