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.
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
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
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.
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.
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.
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.
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;
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.
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.
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
PRM 0001 Rev Q