Menu

Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY GLOOKO, INC. (“GLOOKO”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR EACH USER’S (AS DEFINED BELOW) USE OF THE GLOOKO SERVICE INCLUDING, WITHOUT LIMITATION, ANY OTHER SOFTWARE, SERVICES, FEATURES, CONTENT, WEBSITES (OR OTHER LINKED PAGES) OR APPLICATIONS (INCLUDING WITHOUT LIMITATION MOBILE APPLICATIONS) OFFERED, FROM TIME TO TIME, BY GLOOKO IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”).

BY USING THE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THIS AGREEMENT DO NOT USE ANY PRODUCT OR SERVICE PROVIDED BY GLOOKO.

BY AGREEING TO THIS TERMS OF SERVICE YOU ARE ALSO REPRESENTING THAT YOU ARE OF THE APPROPRIATE LEGAL AGE TO ENTER INTO SUCH AN AGREEMENT.

Service and Registration Process

The Service is designed to assist you (“you,” the “User”) in monitoring your blood glucose levels as well as tracking other data associated with managing diabetes. You may choose to use the Service in connection with the Glooko MeterSync Cable (the “Product”) or you may use the Service with a supported web browser without using the Product in certain cases. You may use the Service in connection with the Product only after you (a) have purchased the Product or received it from a healthcare provider, insurance company or other entity (“Sponsor”), and (b) have downloaded the Glooko application available through the Apple iTunes, Google Play Store or other source (the “Application”). You must also read and accept the Glooko Terms of Sale for the Product (“Product Terms of Sale”) before using the Product or accessing the Service in connection with your use of the Product. If you have purchased the Product or received it from a Sponsor, you may also choose to use the Glooko IR Adapter (the “Adapter”) to facilitate your use of the Product, but the Adapter is not required to use the Product. However, if you choose to use the Adapter, you must first read and accept the Glooko Terms of Sale for the Adapter (“Adapter Terms of Sale”) before using the Adapter or accessing the Service in connection with your use of the Adapter.

Whether you purchase the Product and/or Adapter from Glooko or receive it from a third-party Sponsor, such as a health-care provider or an insurance company, the terms of this Agreement will apply to the use of the Service.

Glooko reserves the right, in its sole discretion, to modify or replace all or any part of the Terms of Use (including, without limitation, pricing and payment terms set forth in “Fees and Payment”), or change, suspend, or discontinue all or any part of the Service at any time by posting a notice on the Service or by sending you an email. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Any information you provide Glooko shall be accurate, complete and updated. You are solely responsible for the activity that occurs on your account and for maintaining the security of the Application and any information you input to the Application. You shall not use or access another user’s account without such other user’s express permission. You will immediately notify Glooko in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware. The Service is available only to individuals who are adults, or children 10 years and older whose use is supervised by a parent and/or legal guardian.

Use of Your Information

If you create, transmit, submit, display or otherwise make available information (including, without limitation, information you have made available automatically through connection of the Product and/or the Adapter to the Application) while using the Service, you may provide only information that you own or have the right to use. When you provide access to any such information through the Service, you give Glooko a license to fully use and exploit that information in connection with providing you the Service. However, Glooko may only use the information you provide as permitted by the Glooko Privacy Policy, and applicable law. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Use by this reference.

Not Medical Advice

Glooko does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment and is offered for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Service.

You are solely responsible for any decisions or actions you take based on the information and materials available through the Service. Reliance on any information provided by Glooko or in connection with the Service is solely at your own risk.

Third Party Services and Sharing of Personal Data

Glooko may provide links to, or contact information for, third party sites or services. Glooko is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service.

Use of any third party sites and/or services is solely at your own risk.

Glooko also may enter into business arrangements with third-parties, including Sponsors, which will allow you to share your personal data with them. Whether to share your personal date with these third-parties will be up to you. By properly following instructions provided to you by Glooko and these third-parties, you will be able to decide whether you want to share an personal data with these third-parties.

Sharing of your personal data with a third-party is solely at your own risk.

Rules of Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or other rules or policies implemented by Glooko from time to time. The Service (including, without limitation, any Content) is provided only for your own personal, non-commercial use.

For purposes of the Terms of Use, the term “Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Glooko or its partners or Sponsors on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; or (iv) impersonates any person or entity. Glooko reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if Glooko is concerned that You may have violated the Terms of Use), or for no reason at all.

Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Glooko’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Glooko may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.

Alerts Provided By Glooko

Glooko may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made to your Glooko account. Voluntary account alerts may be turned on by default as part of the Service. Some of these alerts may then be customized, deactivated or reactivated by you. These alerts allow you to choose certain alert messages for your accounts. Glooko may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be pushed to the Glooko Application, presented when access the Service with a web browser or sent to the email address you have provided as your primary email account address for Glooko. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have certain alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your password. However, alerts may include some information about your accounts. Information such as average blood glucose levels, medication information or the number of times you tested your blood glucose may be included. Anyone with access to your email will be able to view the content of these alerts.

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Glooko will do its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Glooko shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Commercial Use Requires Separate Agreement

As noted above, the Service (including without limitation, any Content) is provided to you for your personal, non-commercial use. If you are interested in using Glooko in a professional or commercial environment, you must contact Glooko to obtain and agree to other written terms and conditions (e.g. a HIPPA Business Associate Agreement/BAA).

Fees and Payment

Though the use of our website and the Application is currently free, we reserve the right to require payment of fees for certain or all Services. You understand and agree that the purchase of the Product and the Adapter is governed by the Product Terms of Sale and the Adapter Terms of Sale, respectively. You agree to timely pay all applicable fees in connection with your use of the Service. We reserve the right to change our fees and to institute new charges at any time, with no less than sixty (60) days prior notice to you, which may be sent by email or posted on the Service. Your use of the Service following such notification constitutes your acceptance of any new or increased charges.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLOOKO (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF GLOOKO HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Support

Glooko offers email-based and online support tools. You may access support resources or contact our support by visiting https://www.glooko.com/support/. Glooko does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by Glooko regarding use of the Services shall not be construed as a warranty.

Termination

Glooko may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use. This may result in the forfeiture and destruction of all information associated with your membership and will immediately terminate your ability to use the Service in any way. If you wish to terminate your account, you may do so by ceasing use of the Product and the Adapter (if applicable), and deleting the Application. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GLOOKO AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless Glooko, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. Glooko reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Glooko in connection therewith.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLOOKO (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF GLOOKO HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Glooko agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes. The prevailing party in the arbitration (or permissible court action described below) shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the Northern District of California.

You also acknowledge and understand that, with respect to any dispute with Glooko, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis. The Application is solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;

The Application

In order to use the Service, you must download the Application or access it with a web browser. The following shall apply to your use of the Service in connection with the Application:

  • Both you and Glooko acknowledge that this Agreement is concluded between you and Glooko only; and not with Apple or Google, and that Apple or Google is not responsible for the Application or the Content;
  • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub licensable basis. The Application is solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
  • You will only use the Application in connection with an Apple or Android device that you own or control;
  • You acknowledge and agree that Apple/Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure. Upon such notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  • You acknowledge and agree that Glooko, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;
  • You acknowledge and agree that in the event of any third party claim that the Application, or your possession and use of the Application, infringes upon that third party’s intellectual property rights, Glooko, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  • Both you and Glooko acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
  • Both you and Glooko acknowledge and agree that Apple/Google and Apple’s/Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

Modification

Glooko may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Glooko site and/or e-mailed to you. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

Miscellaneous

The Terms of Use are the entire agreement between you and Glooko with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Glooko with respect to the Service. Notwithstanding the foregoing, the parties acknowledge the existence and validity of the Product Terms of Sale, which governs your use of the Product, and the Adapter Terms of Sale, which governs your use of the Adapter, if applicable. In the event of any conflict between this Agreement and either Terms of Sale document, the applicable Terms of Sale document shall control with respect to the subject matter of such Terms of Sale only. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms of Use are personal to you, and are not assignable or transferable by you except with Glooko's prior written consent. Glooko may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact

If you have any questions regarding the Service, please contact Glooko at 650 720 5310.

Glooko, Inc. 170A University Avenue, Palo Alto, California, USA, 94301.

Effective Date: June 7, 2013

PRM0001 Rev P 3/14