mySugr GmbH
General terms and conditions (T&Cs)

Version dated September 1, 2018
  1. 1. SCOPE
    1. 1.1. Our products
    2. 1.2. Scope of our T&Cs
    3. 1.3. Third-party suppliers/Vendors
  2. 2. DATA PROTECTION
  3. 3. CONCLUDING THE CONTRACT AND REGISTRATION
    1. 3.1. Purchase of and payment for our products
    2. 3.2. Registration and activation
  4. 4. USE OF OUR PRODUCTS
    1. 4.1. Usage term and termination
    2. 4.2. Lock out and exclusion
    3. 4.3. License and the granting of rights
    4. 4.4. Availability of our products
  5. 5. YOUR BEHAVIOR
    1. 5.1. General information
    2. 5.2. Abuse
  6. 6. OUR RESPONSIBILITY
    1. 6.1. Disclaimer and Limitation of Liability
    2. 6.2. Disclaimer and indemnification
    3. 6.3. Product and Service Specific Provisions
  7. 7. FINAL PROVISIONS
    1. 7.1. Choice of law
    2. 7.2. Place of jurisdiction
    3. 7.3. Other

The applicable version of these T&sCs can be viewed on our website www.mysugr.com and downloaded as a PDF.

1.SCOPE

1.1. Our products

1.1.1. We,

mySugr GmbH
1010 Vienna, Trattnerhof 1
+43 720 884555, support@mysugr.com
FN 376086 v (Vienna Commercial Court)
DVR 4015732, VAT ATU67061939

(hereinafter referred to as "mySugr"), develop and operate an interactive platform and mobile applications (apps) for persons with diabetes. mySugr is a digital health company and wants to offer persons with diabetes comprehensive solutions in order to minimize the barriers and problems of daily therapy. Our products and services are solutions that aim to simplify your daily diabetes management.

1.1.2. Our products provide information and content that has been assembled only to provide you with information and to build awareness but they cannot replace consultation with and diagnosis by a healthcare professional. Under no circumstances does mySugr issue medical therapy recommendations or medical advice of any kind. For questions on the illness and therapy, we recommend contacting a healthcare professional. The data provided must only be analyzed by you and your healthcare professional. No content - no matter whether provided by mySugr itself, our cooperation partners, or users - can be understood as supplementing or replacing information from a healthcare professional or pharmacist. We make reasonable efforts to maintain current information but we cannot guarantee that the content is complete or up-to-date.

1.1.3. mySugr offers a range of products (apps) and services as well as combinations of these (bundles) for managing your diabetes. For the sake of simplicity, all current and future apps, services, and bundles (including new versions, updates, and other improvements) that mySugr provides in any way, are hereinafter referred to jointly as "Products" or individually as a "Product". Each person who acquires and uses one or more of our Products is referred to jointly as "Users" or individually as "User". If these T&Cs refer to natural persons using the male form, they apply equally to all people.

1.1.4. In connection with these T&Cs, the following term definitions apply to individual Products:

Apps

mySugr Logbook is an independent mobile application (app) for your smartphone or tablet that documents your daily life with diabetes. Our basic version of the mySugr Logbook has restricted functions.

mySugr Pro is the name of the unrestricted full version of the mySugr Logbook. mySugr Pro is subject to a charge and offers numerous additional functions to control your diabetes in an even better way.

Services

mySugr Coach offers comprehensive information independent of time and location from certified diabetes educators and dieticians. In some countries you can use mySugr Coach as an extension of mySugr Pro.

Bundles

mySugr Bundle is your complete service and includes mySugr Pro as well as the supplements such as mySugr Coach, a blood glucose meter from our cooperation partners and the need based supply of test strips (the automatic delivery of test strips requires actual measurements, i.e. only measuring and logging initiates an order and the corresponding supply of test strips). The availability and composition of the mySugr Bundle is constantly being expanded. The mySugr Bundle is sold in the United States by mySugr Inc., a company organized under the laws of Delaware, having its principal offices located at 111 C Street Encinitas, CA 92024, and a wholly owned subsidiary of mySugr. Additional terms and conditions apply, which are indicated during the respective order process on the website.

1.1.5. Our user manuals (accessible via our apps or via our website) and the relevant special provisions (see section 7) emphasize any specific requirements for the individual products.

1.2. Scope of our T&Cs

1.2.1. The geographical scope of these T&Cs is the United States of America and its territories.

1.2.2. We exclusively offer all our own Products on the basis of the current version of these T&Cs. For third party products (including offerings like e.g. blood glucose meters from affiliated companies), we provide links to the terms and conditions of these third party vendors (see section 1.3.). You should carefully review their privacy statements and other condition of use. For the mySugr Bundle additional terms and conditions apply (see section 1.1.4.).

1.2.3. Please note that before using our Products for the first time you must accept these T&Cs. The registration and use of our Products is prohibited without your consent to our T&Cs.

1.2.4. We explicitly reserve the right to make future changes to these T&Cs. Changes may be necessary to meet statutory requirements, correspond to technical and economic requirements, or meet the interests of our Users. Such changes are possible at any time and will be published in an appropriate manner before they take effect.

1.3. Third-party suppliers/Vendors

1.3.1. You will find our Products in the app stores. In general, the business terms of the relevant platform providers (over which we have no influence) apply there; these are not part of our T&Cs nor our contractual relationship with you as the User of our Products. This also applies to the business terms and conditions of your mobile device or service supplier.

1.3.2. We work with various partners (including affiliated companies) to ensure the optimal use of our Products. These include third-parties that supply us or our Users directly with certain products (e.g. blood glucose meters, test strips) and other service providers. In the event that you seek to order a product from a third-party supplier through the app, we will provide you with the applicable business terms of a third-party supplier to accept before completing the transaction. Accordingly, the contract formed at the completion of the transaction for these third party products is solely between you and the third-party supplier.

2. DATA PROTECTION

We are aware of the major responsibility that comes with your use of our Products. Not only do you provide us with general personal data but also with data on your health. In our privacy notice we inform you about the use and protection of your data in connection with using our Products and on your consent required for this.

3. CONCLUDING THE CONTRACT AND REGISTRATION

3.1. Purchase of and payment for our Products

3.1.1. Our Products can be purchased by various means:

Apps, services

App stores (such as Apple App Store/iTunes or GooglePlay) offer our Products. Please note that to purchase (not: use) our Products, the separate business terms of the app store apply and these may require a user account.

Our website has a login area and offers direct access to our Products, in particular for the mySugr Bundle.

Voucher codes for our Products are in constant circulation and can be redeemed on our website.

Bundles

Therapeutic devices, such as medical devices, are sometimes sold jointly with our Products. So you can, for example, pair your blood glucose meter and other therapy devices with our app.

Insurance companies (public and private) work with mySugr to support persons with diabetes with our Products. You can find out from us whether your insurance company already cooperates with us.

3.1.2. You can purchase our fee-based Products on our website, via app stores or within our apps. They are paid for via the app store’s user account using the stipulated payment options. The relevant app store acts either as an agent and payment service provider for mySugr or as a direct seller. If you experience problems with downloading or payment, please contact support@mysugr.com any time.

3.1.3. Usage fees or purchase prices (including statutory value-added tax) must be paid - depending on the offer and selection - once or repeatedly (e.g. on a monthly, 6-monthly, or annual basis). The current fees are displayed in our app or the app stores and are due for payment in advance. If payment is not received in full or is late you acknowledge that access to the Products may be suspended. Your subscription fee obligation remains unaffected by this.

3.1.4. We explicitly reserve the right to restrict free Products at any time, stop them completely, or charge a fee for them.

3.1.5. mySugr can also make special and free offers that are subject to additional conditions or restrictions. Special or free offers cannot be transferred to other Users.

3.2. Registration and activation

3.2.1. The use of our Products requires your registration with mySugr in our apps. As soon as you have activated our Product for the first time, you must register using an email address and password (mySugr ID). Each User may only create one mySugr ID and each mySugr ID can only be used by one User.

3.2.2. By registering, the User declares the binding offer to conclude a contract with mySugr on the use of our Products on the basis of the applicable version of these T&Cs that we explicitly accept, at the latest by activating your mySugr ID or sending the ordered goods.

3.2.3. The activation is confirmed to you directly after registration by a separate email. We reserve the right to reject individual Users or their offer to conclude a contract without stating a reason. In such a case any payments already made will be reimbursed and user data provided deleted immediately.

3.2.4. On registration the User confirms they are at the age of majority and applicable law permits them to conclude contracts. Only people with legal capacity are permitted to register. Minors are only permitted with the explicit agreement of a parent/guardian. A scanned copy of this written consent must be sent to support@mysugr.com. With the registration, the parent/guardian declares they are entitled to submit legally binding declarations in the name of the minor.

3.2.5. On registration, the User confirms their acknowledgement and unrestricted acceptance of the contents of these T&Cs and that their information is true, correct, up-to-date, and complete; they are also obliged to regularly update their personal information. We reserve the right to contact Users at any time to verify registration data and usage information.

3.2.6. If the User provides false, incorrect, out-of-date, or incomplete information or we have just cause for believing that information is false, incorrect, out-of-date, or incomplete, mySugr is entitled to block the relevant mySugr ID with immediate effect without prior notice and prohibit the use of our Products without being obligated to repay the User for the costs incurred.

3.2.7. The User must protect their registration data from unjustified access by third parties, abuse, or use with fraudulent intent. If there is even a suspicion that the mySugr ID has been exposed to such a risk, this must be notified without delay to support@mysugr.com. We have the right to block the mySugr ID of any User if it is used for abuse or fraudulent intentions.

4. USE OF OUR PRODUCTS

4.1. Usage term and termination

4.1.1. Your right to use our Products starts with registration and activation by mySugr.

4.1.2. Our fee-based Products can be purchased in the form of monthly or annual subscriptions, or in some cases, depending on the current offer, also for a shorter or longer usage period (hereinafter abbreviated to "Subscription Period"). The relevant Subscription Period is displayed in our apps, the app stores or on our website.

4.1.3. Both the User and mySugr are entitled to terminate the contract for convenience at any time. You can either do this by selecting "Cancel Subscription" in your user account of the app store or the login area of our website or by written notification to us at support@mysugr.com. Please note that fees already paid for an unused Subscription Period are only reimbursed in the event of ordinary termination by mySugr or automatic ending (section 4.1.6 below).

4.1.4. If there is no termination or termination is late, the Subscription Period is extended automatically by another period corresponding to the previously selected Subscription Period. The relevant standard price at the time of the extension (not the price of any special or free offers) applies. You can deactivate the automatic renewal in your user account settings of the relevant app store.

4.1.5. If you have questions on your usage term or its ending, please contact support@mysugr.com at any time.

4.2. Lock out and exclusion

4.2.1. We reserve the right to temporarily lock out Users at any time for cause (at our discretion) or to permanently exclude them from using our Products. In the event of such a contract ending without a notice period, the reimbursement of usage fees is excluded.

4.2.2. "For cause" shall include, but is not limited to serious violations by a User of the provisions of these T&Cs, e.g. violations of section 3.1 (payment) after setting a two-week grace period, section 3.2 (registration data), section 4.3 (license) or section 5 ("Your behavior").

4.3. License and the granting of rights

4.3.1. With your registration and activation, you acquire the non-exclusive, non-transferable but geographically unrestricted right to save and use a copy of our app for your own purposes within the framework of these T&Cs. For fee-based Products, this license is restricted to the duration of your contractual Subscription Period.

4.3.2. The software, code, methods, and systems as well as the content of our Products are protected by copyright and competition law and may exclusively be used by mySugr. Our Products or parts thereof may not be copied, modified, reproduced, republished, posted, transferred, sold, offered for sale, resold, or used in any other way without our prior, written consent. Users are not permitted to use brands, logos, other commercial property rights or trademark rights of mySugr. Unless otherwise provided by these T&Cs, all of the usage and exploitation rights are owned exclusively by mySugr or an affiliated company and there is no licensing of any kind for our Products.

4.3.3. If this is required for the technical provision of our Products, each User grants mySugr a non-exclusive, revocable but free, transferable exploitation and usage right unrestricted in terms of time and location to the content that they generate, transfer, store, or publish within our Products. Usage or exploitation is however excluded if this disproportionally adversely affects the legitimate interests of the User (e.g. privacy rights). In the event of usage outside our Products, if appropriate, we will indicate that the content comes from the User. mySugr does not claim any ownership of created content and will not assume any supervisory function with regard to content created by Users.

4.4. Availability of our Products

4.4.1. We provide our Products in each case in accordance with the existing technical, economic, operational, and organizational possibilities. mySugr cannot exclude any interruptions, disturbances, delays, deletions, incorrect transmissions, or storage failures in connection with using our Products or communication with Users. We partly offer our Products in cooperation with third-party suppliers and are therefore also dependent on the technical provision of third-party services. Therefore mySugr accepts no responsibility, guarantee, liability, or obligation to provide our Products online at all times without interruptions.

4.4.2. This also applies to restrictions in using our Products due to force majeure, strikes, lock-outs, and official instructions or due to technical modifications or maintenance work on the mySugr systems. In the event of disruptions or failures of our Products, please contact support@mysugr.com any time.

5. YOUR BEHAVIOR

5.1. General information

5.1.1. Each User is entitled and obliged to use our Products at their own risk and expense whilst deploying suitable technical equipment. The devices and operating systems that are compatible with the Products can be found in the app stores or requested at any time from support@mysugr.com.

5.1.2. You are also obliged to use our Products exclusively whilst complying with these T&Cs and the statutory provisions as well as avoiding all abuse. Please inform us immediately of any discovered violations of the duties stated in this section at support@mysugr.com.

5.2. Abuse

5.2.1. Each User is obliged to state their registration data truthfully, to keep it up-to-date and complete, as well as not to pass it on to any third party. Personal data must be treated confidentially, managed carefully, and backed up under one’s own responsibility. mySugr accepts no liability or other guarantees for lost or damaged data.

5.2.2. Content such as photos, images, texts, videos, or other depictions may only be stored, published, transferred, or distributed in connection with our Products if the User has the right to transfer or use them. In all cases the use of racist, offensive, discriminatory, defamatory, sexual, pornographic, violent, or other illegal content of all kinds is always prohibited.

5.2.3. Furthermore it is prohibited to decrypt, reverse engineer, decompile, or disassemble our Products. Each User is obliged not to undertake any disturbing interventions by technical or electronic means in our Products or networks of mySugr (in particular hacking attempts, brute force attacks, introducing viruses, worms, Trojan horses, other malicious software) nor any type of attempted disturbance that might affect the software or hardware of the Products and systems of mySugr.

5.2.4. Except for the limited license and use rights expressly granted to you under these T&Cs, all title to and the rights in the Products, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, mySugr’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of mySugr and/or the applicable third party.

6. OUR RESPONSIBILITY

6.1. Disclaimer and Limitation of Liability

THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR THIRD-PARTY SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT, THIRD PARTY CONTENT, OR THAT THE PRODUCT OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR THIRD-PARTY SERVICE PROVIDERS WILL CREATE A WARRANTY.

EXCEPT WHERE PROHIBITED BY LAW OR PUBLIC POLICY, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY (1) ANY AMOUNTS IN EXCESS OF FEES PAID DURING THE APPLICABLE TERM OR (2) INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE PRODUCTS AND SERVICES, REGARDLESS OF THE FORM OF ACTION.

6.2. Disclaimer and indemnification

6.2.1. The use of our Products does not replace consultation with a healthcare professional or other medical advice and is undertaken exclusively at the User's own risk. This applies in particular to using ordered goods, such as blood glucose meters, and any use of the data provided as part of our Products by the User including blood glucose results, calculations, and any recommendations. The User explicitly acknowledges that such data may be defective and mySugr accepts no responsibility for it being correct.

6.2.2. To the extent required by applicable medical devices law governing the use of the Products, the Products may only be operated or used exclusively as per the purpose, specifications, and application areas as laid down in the offer and usage terms.

6.2.3. The User will indemnify mySugr against all claims arising of infringement against mySugr from third parties as a result of end Users’ use of the mySugr Product. All other claims for damages by mySugr against the User remain unaffected.

6.2.4. The User accepts full liability for all damage and disputes in and out of court arising from conflicts with other Users. The User explicitly acknowledges that mySugr is under no circumstances responsible for actions or omissions by other Users and any resulting damage.

6.2.5. In the event of claims being raised against mySugr by third parties, the User is obligated to immediately provide all of the information available to them truthfully and in full as is required to review, defend, and prevent claims by third parties. The User bears the costs of any necessary legal defense by mySugr, including all court and legal costs in the statutory amount.

6.3. Product and Service Specific Provisions

6.3.1. Diabetes is a complex disease and managing it on your own can be complicated. mySugr certified diabetes educators provide you with information, education, support, practical tips and encouragement to help you understand and manage your diabetes. They will work with you to self-manage your condition and achieve a high quality of life with diabetes. These mySugr Coaches serve as a resource for you as you learn how to optimize your daily regimen to manage your condition, problem solve, and acquire the skills necessary to understand the factors impacting your condition and therapy, and independently self-manage your diabetes.

You understand and agree to the following with respect to our diabetes coaching services:

7. FINAL PROVISIONS

7.1. Choice of law

These T&Cs and the entire legal relationship between mySugr and the User is subject exclusively to Austrian law, with the exception of its reference provisions and the UN Sales Convention. However as a consumer the User enjoys the protection of mandatory laws in the country in which they are located or habitually resident.

7.2. Place of jurisdiction

The place of fulfillment and sole court of jurisdiction for all disputes arising from these T&Cs is agreed as the head office of mySugr in Vienna. Mandatory conflicts of laws in favor of consumers remain unaffected.

7.3. Other

If notification or the written form is required by these T&Cs (including for legally important declarations), transmission by email to the address stated on registration (mySugr ID) is sufficient.

7.3.1. Users are not entitled to transfer their mySugr ID or rights and obligations from these T&Cs in connection with the use of our Products to third parties. mySugr can transfer their rights and obligations from these T&Cs to another company or third party if such a transfer has no significant effects on the rights of the User from these T&Cs.

7.3.2. If individual provisions of these T&Cs are or become ineffective, the other provisions of these T&Cs not affected by the invalidity remain valid and applicable.