mySugr Inc.
Terms and Conditions of Use

Version dated 1st November 2018

These Terms and Conditions of Use (“Terms of Use”) apply to the mySugr Bundle, offered by mySugr, Inc. (“mySugr” or “we”) and displayed on the mysugr.com website (the “Site”). Please read and review these Terms of Use carefully. By using the Site and/or accepting the mySugr Bundle offer, you agree to these Terms of Use and all applicable laws and regulations. Please read the entirety of these Terms of Use before using or submitting information to us through this website or any online resource and/or submitting an order. Whenever you submit information via this Site, you consent to the collection, processing, use and disclosure of that information in accordance with these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to access or use the Site.

mySugr sells the mySugr Bundle in the United States of America. All original content, features, and functionality of this Site are owned by mySugr and may be protected by domestic or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The mySugr Bundle is not available to persons enrolled in or receiving medical or prescription coverage through any government healthcare program, including but not limited to Medicare and Medicaid, or where otherwise prohibited by law.

mySugr reserves the right, at its sole discretion, to change or modify these Terms of Use at any time. It is your responsibility to review these Terms of Use occasionally for any changes or modifications. Continued use of the Site after any changes or modifications, means you agree to such changes or modifications.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us, and that all billing information you provide to us is truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a temporary period. Your card issuer determines the length of time the pre-authorization is held.

By confirming your purchase at the end of the checkout process, you agree to an initial minimum subscription period of three (3) months, consisting of three monthly payments, after which the subscription services will continue indefinitely on a month-by-month basis. You further agree to accept and pay for the purchase, as well as all shipping and handling charges (if applicable) and any applicable taxes. mySugr reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. mySugr, in its sole discretion, reserves the right, upon prior notice to you, to modify pricing of the mySugr Bundle, or to modify the duration of a subscription period.

If, after the initial minimum three (3) month period, you wish to unsubscribe you can send an email at any time to support@mysugr.com, at which time your cancellation request will be promptly processed.

mySugr also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” will be defined as purchasing or intending to purchase any good(s) from mySugr for the purpose of engaging in a commercial sale of the same good(s) to a third party.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. Orders will be shipped and arrive to designated address within three (3) to eight (8) business days depending on location. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for goods pass to you upon delivery of the goods to the carrier.

You agree upon signing up that in order to use the service, the meter must be paired and blood glucose values uploaded to the app in order to receive replacement strips. Only the values verified by the Accu-Chek® Guide meter can be replaced. We do not replace based on manual entries or those from other sources (other meters, Apple Health, etc.). You can receive as many strips as needed; however, they can only be sent as replacements of the strips that have been used and in agreement with the testing frequency.

The functionality of meter pairing is not guaranteed by mySugr. If the pairing does not work, the Bundle can be canceled, but no refund will be given due to non-returnable goods and services.

ALL SALES ARE FINAL. SUBSCRIPTIONS PAYMENTS ARE NEVER ELIGIBLE FOR REFUNDS.

NO WARRANTIES

THIS SITE AND THE CONTENT ARE PROVIDED “AS IS.” MYSUGR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, MYSUGR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OWNER BOOKLETS, DEVICE GUIDES OR OTHER COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THIS SITE OR ANY SITE OR SITES “LINKED” TO THIS SITE. MYSUGR MAKES NO WARRANTY THAT THIS SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

In jurisdictions that do not recognize exclusion of implied warranties, the above exclusion may not apply. The above exclusion applies in New Jersey.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MYSUGR NOR ANY OTHER PARTY INVOLVED IN THIS OFFER SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION:

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYSUGR IS ADVISED OF SUCH DAMAGES. IF YOU ARE NOT SATISFIED WITH THIS SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS SITE.

FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, "MYSUGR" INCLUDES NOT ONLY MYSUGR, INC. BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, PREDECESSORS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless mySugr, its officers, directors, employees, subcontractors and agents from and against all losses, expenses, claims, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

THIRD-PARTY LINKS, PURPOSE OF SITE, INTELLECTUAL PROPERTY, AND OTHER TERMS

Information, including product information, contained and referenced in the Site or contained in any email or other form of communication received by you in response to an opt-in registration from this Site is general in nature and for informational purposes only.

The Site is NOT intended to provide medical advice or intended to be relied on for medical diagnosis or treatment. Always seek the advice of a physician or other qualified health care professional regarding any medical questions you may have. Do not ignore medical advice or delay obtaining medical advice based upon information contained and referenced in this Site. You understand and agree that mySugr does not use this Site to provide medical advice, financial advice or legal advice, and you should not assume that information submitted through this website is subject to health, financial, or legal privacy laws or regulations. You will not rely on any statements made on this Site as though it were professional advice. The Site may provide selected information concerning diseases and their treatment. Such information is not intended or provided as medical advice. Such information is not a substitute for the advice of a trained health care professional. If you have or suspect having any health problems or conditions, you should consult your general practitioner or other qualified health provider.

This Site may contain links to third party websites. mySugr does not control, is not responsible for, and will not be liable for any damages of any kind arising in connection with the content, practices or standards of these third party websites. Inclusion of any third party link does not imply recommendation or endorsement by mySugr. The use of third party websites is at your own risk and subject to the terms and conditions of use for such third party websites. You are responsible for the accuracy of any information, including emails that you provide through the Site to mySugr. You agree not to submit or transmit material that is unlawful, threatening, libelous, defamatory, obscene, pornographic or profane. You also agree not to upload, email or otherwise transmit any material that is disruptive to the operation of the Site. If an email sent by you includes possible adverse events or side effects with a medical device, mySugr may be required to contact you for further information.

You are encouraged to report negative side effects or adverse events to the FDA. Visit http://www.fda.gov/safety/medwatch/default.htm or call or 1-800-INFO-FDA (1-888-463-6332).

Use of this Site is intended solely for residents of the United States. This Site may contain product details or information otherwise not accessible or valid in your country. Please be aware that mySugr does not take any responsibility for your use of this page to access information which may not comply with any valid legal process, regulation, registration or usage in the country of your origin. Access of this Site from outside the United States is at your own risk. Any offer for any product or service made on this Site is void where prohibited by law.

All text, graphics and artwork appearing on this Site are the proprietary copyrighted work of mySugr (or are used by mySugr with appropriate permissions of any third party proprietors thereof) and are protected by United States federal and international copyright laws. Any reproduction, retransmission or other use is strictly prohibited. Request for permission to reproduce any information contained on this Site should be addressed to the press@mysugr.com.

ACCU-CHEK, ACCU-CHEK 360°, ACCU-CHEK ACTIVE, ACCU-CHEK AVIVA, ACCU-CHEK AVIVA COMBO, ACCU-CHEK AVIVA CONNECT, ACCU-CHEK AVIVA EXPERT, ACCU-CHEK COMPACT, ACCU-CHEK COMPASS, ACCU-CHEK CONNECT, ACCU-CHEK DIRECT TO YOU, ACCU-CHEK GUIDE, ACCU-CHEK GUIDE SIMPLEPAY, ACCU-CHEK INNER CIRCLE, ACCU-CHEK LINKASSIST, ACCU-CHEK MULTICLIX, ACCU-CHEK NANO, ACCU-CHEK NANO SMARTVIEW, ACCU-CHEK PREFERRED SAVINGS, ACCU-CHEK SMART PIX, ACCU-CHEK SMARTVIEW, ACCU-CHEK SPIRIT, ACCU-CHEK TENDER, ACCU-CHEK TESTING IN PAIRS, ACCU-CHEK TO, ADVANTAGE, CAMIT, COMBO, COMFORT CURVE, FASTCLIX, MYSUGR, RAPID-D, SMARTPACK, SOFTCLIX, and ULTRAFLEX are trademarks of Roche.

All other product names and trademarks are the property of their respective owners.

The use or misuse of any of these marks is strictly prohibited. Nothing contained herein shall be construed by implication, estoppel or otherwise to convey or grant any license or right under any patent or trademark of mySugr or any third party. Please note that the unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by federal law enforcement agencies and is punishable by up to five years in prison and a fine of $250,000.

If you believe that material on this Site infringes your rights under copyright law, please contact us by U.S. Mail at the following address: mySugr Inc. 111 C Street, Encinitas, CA 92024. Please include:

These Terms of Use are governed by the laws of the United States of America and the laws of the State of Delaware. mySugr may terminate your access to all or portions of this Site at any time without notice, if it believes in its sole judgment that you have breached or may breach any term or condition of these Terms of Use or for its convenience.