1.1.1 Whenever these T&Cs refer to “we” or “mySugr” it means the mySugr GmbH, located at the business address Trattnerhof 1, 1010 Vienna, Austria and registered in the Company Register of Vienna Commercial Court under FN 376086 v.
We develop and operate digital solutions as part of the mySugr app (“mySugr App”) for persons with diabetes. mySugr is a digital health company and wants to offer persons with diabetes comprehensive care in order to minimize the barriers and problems of daily therapy. Our Products aim to simplify your daily diabetes management.
1.1.2 Our Products provide information and content that has been assembled with the greatest of care and to the very best of our knowledge from internal and external sources. We nevertheless wish to emphasize that our Products are only to be used 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.
1.1.3 mySugr offers a range of Products as well as combinations of these (bundles) for managing your diabetes. For the sake of simplicity, all current and future modules, services, and bundles (including new versions, updates, and other improvements) that mySugr provides in any way, are subsequently 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”.
1.1.4 In connection with these T&Cs, the following term definitions apply to individual Products within the mySugr App:
mySugr Logbook support users in documenting their daily life with diabetes.
mySugr Bolus Calculator uses the User’s settings to calculate their insulin or carbohydrate in a few steps. The mySugr Bolus Calculator is an additional module that is available as part of the mySugr Pro service.
mySugr Pump Control enables the user to remotely control a compatible insulin pump used by people with diabetes. It uses wireless communication to communicate with connected pumps, to read data, make changes to the pump’s settings, and to manage insulin delivery based on the User’s input.
mySugr Pro is a premium service where both the mySugr Logbook (with full functionalities) and the mySugr Bolus Calculator are offered.
mySugr Coaching offers comprehensive information independent of time and location from certified diabetes educators and dieticians.
mySugr Care Platform is offered as platform as a service to the customers. I.e. mySugr is only responsible for the provision of the platform (usually as a data processor). The coaching service is in this case provided by third parties, which will be made transparent to Users during the registration process.
mySugr Bundle is an offering of a combination (bundle) of several mySugr Products as well as those of partners. It may include the mySugr Pro service as well as the mySugr Coaching service, a blood glucose meter from our cooperation partners and the needs-oriented 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). Thus, the use is restricted to a single person in order to ensure contractually compliant consumption of test strips. The mySugr Bundle may be offered by third parties (including affiliated Roche companies); in this case the User enters into a contractual relationship with the third party on the bundle and will only have direct relationship with mySugr when registering for the mySugr App.
1.1.5 Our user manuals (accessible via the mySugr App or via our website) and the relevant special provisions (see section 8) emphasize any specific requirements for the individual Products.
1.2.1 We exclusively offer all of our Products on the basis of the current version of these T&Cs. If additional or varying terms and conditions apply to you based on your residence, you can find information on those in section 10. mySugr explicitly opposes contradictory business or other usage terms.
1.2.2 Please note that before using our Products for the first time you must agree to all of the mandatory consents and agreements referred to. The registration and use of our Products is prohibited without your consent to our T&Cs.
1.2.3 We explicitly reserve the right to make future changes and objectively justified modifications to our T&Cs. Changes may be necessary to meet statutory requirements, correspond to technical or economic needs of mySugr, 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, giving each User the opportunity to oppose them in writing within a month of their publication. If they are not opposed, the ongoing use of our Products is subject to the relevant new T&Cs. In case of significant changes, we will ask you to re-consent to the new T&Cs.
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 the mySugr Bundle offered by third parties.
1.3.2 We work with various partners to ensure the optimal use and offering of our Products. These include cooperation partners that supply us or our Users directly with certain Products (e.g. blood glucose meters, test strips, or insulin pens) as well as insurance companies who may pay the cost of our Products for you. In these cases, we explicitly emphasize the applicable business terms of a third-party supplier or you must accept such business terms anyway before you can acquire one of our Products via a third-party supplier.
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.
WITHOUT YOUR PRIVACY CONSENT FOR THE NECESSARY DATA PROCESSING, USE OF THE PRODUCTS IS NOT POSSIBLE FROM A LEGAL AND FACTUAL POINT OF VIEW.
Our privacy notice is not part of these T&Cs but rather is only used to provide you with information under the GDPR on the basis of which you issue your consent for the necessary data processing.
3.1.1 Our Products can be purchased by various means:
App stores (such as Apple App Store or Google Play) offer our Products. Please note that to purchase (but not in order to 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, in particular to the mySugr Bundle.
Voucher codes for our Products (e.g. as part of the mySugr Bundle)can be redeemed on our website or in the app.
Therapy 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.
Third parties including but not limited to employers or insurance companies (public and private) work with mySugr to support persons with diabetes with our Products. Costs of our Products are paid by the insurance company either directly or reimbursed under your insurance tariff. You can find out from us whether your insurance company already cooperates with us.
3.1.2 You can purchase certain fee-based Products on our website, via app stores or within the mySugr App. 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 firstname.lastname@example.org 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 the mySugr App or the app stores and are due for payment in advance. If payment is not processed directly via the app store, we can send you invoices and payment reminders by email. In the event of culpable, late, or incomplete payment, we are entitled to block your access to our Products. Your usage fee payment obligation remains unaffected by this.
3.1.4 We explicitly reserve the right to restrict free Products at any time, modify them, stop them completely, or charge a fee for them. No legal right for the future can be derived from the free use of individual Products or parts thereof for a particular period.
3.1.5 Fee-based Products like e.g. mySugr Pro may be changed for good reason after notification to the User. Notwithstanding anything to the contrary, the User may terminate the contract within 30 days free of charge if this change affects the usability.
3.1.6 mySugr can also make special and free offers that are subject to additional conditions or restrictions. In this regard we explicitly refer to any variances from these T&Cs while otherwise the full content of these T&Cs remain applicable. Special or free offers cannot be transferred to other Users.
3.2.1 The use of our Products requires your registration within the mySugr App. As soon as you have acquired our Product for the first time, you must register using an email address and password (unique ID). Each User may only create one unique ID and each unique ID can only be used by one User.
3.2.2 By registering, the User agrees to his or her binding offer to conclude a contract with mySugr for the use of our Products on the basis of the applicable version of these T&Cs. We accept such offer, by activating your unique ID.
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 You must be at least 18 years (or such greater age required in your country) to register for our Products. The Products may be used for minors in accordance with the intended use of the Products. In this case the caregiver has to register for our Products in order to manage the account for 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; the User is also obliged to regularly update the personal information. We reserve the right to contact Users 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 good reason for believing that information is false, incorrect, out-of-date, or incomplete, mySugr is entitled to block the relevant unique ID with immediate effect without prior notice and prohibit the use of our Products without being obliged to repay the User for the costs incurred.
3.2.7 The User must protect the registration data from unauthorized access by third parties, abuse, or use with fraudulent intent. If there is even a suspicion that the unique ID has been exposed to such a risk, this must be notified without delay to email@example.com. We have the right to block the unique ID of any User if it is used for wrongful or fraudulent intentions.
If you do not use our Products either for commercial or for professional purposes, as a consumer you are entitled to revoke the contract concluded with mySugr under the following conditions:
You have the right to revoke this contract within fourteen days without stating a reason.
The revocation period is fourteen days from the date the contract was concluded (i.e. activated account).
To exercise your revocation right, you must inform us of your decision to revoke the contract using a clear declaration to mySugr GmbH, Trattnerhof 1, 1010 Vienna, Telephone +43 720 884555, email firstname.lastname@example.org (e.g. by email or post). You can use the enclosed sample revocation form but this is not mandatory.
To maintain the revocation period, it is sufficient for you to send the notification of exercising the revocation before the end of the revocation period.
If you revoke this contract, we must repay all payments that we have received from you, including any delivery costs (with the exception of additional costs that are incurred by your selection of a delivery method different from the lowest cost standard delivery that we offer), without delay and at the latest within fourteen days of the date when the notification of your revocation of this contract was received by us. We use the same payment method for this repayment as you used for the original transaction unless we have explicitly agreed something different; under no circumstances are charges incurred due to this repayment.
Please note that if your health insurance has reimbursed you for the costs of revoked goods or services under the tariff, then your insurance company may have a corresponding claim for compensation.
If you have requested that the services should start within the revocation period, you must pay us the appropriate amount that applies for the services provided up until the date when you inform us of the execution of the revocation right for this contract, compared to the scope of the total services envisaged under this contract.
(If you wish to revoke the contract, please complete this form and return it to)
1010 Vienna, Trattnerhof 1
I hereby revoke the contract concluded by me for the purchase of the following goods /provision of the following service:
Ordered on / received on:
name and address:
Signature (only for notification on paper)
5.1.1 Your right to use our Products starts with registration and activation by mySugr.
5.1.2 You can use our free Products without any time restriction. The usage life for Products that you purchase with the participation of your health insurance company (e.g. the mySugr Bundle) depends on the relevant insurance and contractual conditions.
5.1.3 Our fee-based Products can be purchased in the form of monthly or annual subscriptions; depending on the current offer they are also available for a shorter or longer usage period (“Subscription Period”). The relevant Subscription Period is displayed in our apps, website or the app stores.
5.1.4 Both the User and mySugr are entitled to terminate the contract for convenience at any time by giving notice of 30 days. You can either do this by selecting “Cancel Subscription” in your app store user account or the login area of our website or by written notification to us at email@example.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 5.1.6 below).
5.1.5 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 prices of any special or free offers or offers from your insurance company) applies. You can deactivate the automatic renewal in your user account settings of the relevant app store.
5.1.6 In the event of the User's death or the revocation of the privacy consent, the usage relationship ends automatically with immediate effect. mySugr is not permitted to process your health data without your consent.
5.1.7 If you have questions on your usage term or its ending, please contact firstname.lastname@example.org at any time.
5.2.1 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.
5.2.2 “For cause” shall include, but is not limited to serious infringements by a User against the provisions of these T&Cs, e.g. infringements of section 3.1 (Payment) after setting a two-week grace period, section 3.2 (Registration data), section 5.3 (License) or section 6 (“Your behavior”).
5.3.1 With your registration and activation, you acquire the non-exclusive, non-transferable, revocable but geographically unrestricted right to use our Products for your own purposes subject to the T&Cs. For fee-based Products, this license is restricted to the duration of your contractual Subscription Period.
5.3.2 The software, code, methods, and systems as well as the content of our Products are protected by copyright and trade secret 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.
5.3.3 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.
5.4.1 We provide our Products in each case in accordance with the existing technical, economic, operational, and organizational possibilities. The availability and composition of the Products may however vary from country to country. 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.
5.4.2 This also applies to restrictions in using our Products due to force majeure, strikes, lockouts, 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 email@example.com any time.
6.1.1 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 here, in the app stores or requested at any time from firstname.lastname@example.org.
6.1.2 You are also obliged to use our Products exclusively in compliance with these T&Cs and the statutory provisions as well as avoiding all wrongful use. Please inform us immediately if you discover any breaches of the duties stated in this section at email@example.com.
6.1.3 By submitting a testimonial you agree that mySugr may use this statement for promotion, however in anonymized form in order to protect your privacy.
6.2.1 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 or content if this is not our fault.
6.2.2 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.
6.2.3 Furthermore it is prohibited to decrypt, reverse engineer, decompile, or disassemble our Products. Each User is obliged not to undertake any disruptive interferences 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.
7.1.1 Unless otherwise provided by these T&Cs, mySugr is liable and provides guarantees as laid down by the statutory provisions.
7.1.2 With regard to Users who are not consumers, liability for financial losses, consequential damages, lost profit, and damages resulting from third-party claims is excluded. If our liability is limited or excluded in these T&Cs, this applies equally to vicarious agents and affiliated companies of mySugr.
7.1.3 Outside the application scope of product liability legislation, the liability of mySugr is limited to deliberate acts and gross negligence – with the exception of personal injury. The liability for slight negligence is excluded considering consequential objective justifications.
7.1.4 mySugr provides no guarantee for our Products being completely available without interruption and without errors or that the required software and hardware operates without errors. We can also not exclude the possibility that data could be tracked, recorded, or falsified by third parties during data transfer via third-party systems, in particular the Internet and other telecommunication networks.
7.1.5 mySugr accepts no guarantee for downloaded content or material that Users have received as a result of using our Products. The User is solely liable for all damage that could be created in their IT system or devices or for the loss of data as a result of downloading materials associated with our Products.
7.1.6 Furthermore mySugr is not liable for third-party content such as external links, banners, other information, or advertising offers from third parties that can be placed as part of our Products. If we enable access to the offers of third parties via notifications or links, mySugr is not responsible for the information contained therein. Resulting legal transactions with third parties lead exclusively to contractual relationships between the User and the relevant third party. We accept no guarantee or other liability for the services of third parties.
7.2.1 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.
7.2.2 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.
7.2.3 The User will indemnify mySugr against all third party claims against mySugr arising from the User’s breach of any of these T&Cs. This does not apply if the User is not responsible for the breach of duty. All other claims for damages by mySugr against the User remain unaffected.
7.2.4 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.
7.2.5 In the event of claims being raised against mySugr by third parties, the User is obliged 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.
The following provisions on individual Products supplement the other provisions of these T&Cs unless expressly provided otherwise:
8.1.1 mySugr Bolus Calculator is aimed exclusively at insulin-dependent individuals or individuals receiving Functional Insulin Therapy (or similar programs) who are over 18 years old and undergo regular medical check-ups. Under no circumstances may minors use the Bolus Calculator nor may it be used by individuals who use mixed insulin or only long-term insulin for their therapy or are physically (e.g. have severely impaired eyesight) or psychologically unable to independently manage their own therapy.
8.1.2 The fee-based mySugr Bolus Calculator supports you in calculating the necessary insulin dose. The calculations made by the mySugr Bolus Calculator are based on the various parameters entered by the User. Correct data entry is essential for an approximate calculation. Under no circumstances does mySugr accept liability or other responsibility for the results and suggestions calculated by the Bolus Calculator.
8.1.3 The result calculated by the mySugr Bolus Calculator is a suggestion to the User on the use of the calculated insulin dose. However, you are solely responsible for checking whether the calculated value is plausible – based on your own experience, your healthcare professional's medical advice, and the instructions of the medication used – and then determining your insulin dose accordingly. mySugr explicitly warns you against following suggestions made by the mySugr Bolus Calculator without any separate plausibility checks.
8.1.4 In no way can the mySugr Bolus Calculator replace the medical expertise of a healthcare professional or regular medical check-ups, deliver insulin or other medication, perform blood glucose measurements, or calculate personal therapy parameters.
8.2.1 The Products may only be operated or used exclusively in accordance with the intended use, as below-mentioned defined and in line with the respective manual of the Product (“Intended Use”). The Products may not be used, altered, nor combined with other products / parts beyond the Intended Use (“Off Label Use”). The User is liable for any such Off Label Use of a Product. mySugr does not assume any liability to the User or ensure any legal or regulatory compliance concerning Products which were used beyond the Intended Use.
8.2.2 Please check the intended use of the respective Products here by choosing the appropriate document under “Manuals”.
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.
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.
We are willing to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body (Schlichtung für Verbrauchergeschäfte).
9.3.1 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.
9.3.2 Users are not entitled to transfer their mySugr ID 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.
9.3.3 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.
9.3.4 These T&Cs are provided in various languages. The version in the language of the country in which the consumer is located or habitually resident takes precedence (e.g. German version for Users in Austria, Germany, and Switzerland). If and to the extent to which there is no country-specific language version available, the English version shall prevail.
Should any of the provisions below conflict, directly or indirectly, with any provisions set forth in Sections 1 through 9 of the T&Cs, then the provisions below shall control.
10.1 If you are living in the United States or its territories, then the following terms apply to you, which are incorporated in and constitute part of the T&Cs.
10.3 EXCEPT AS PROVIDED HEREIN, MYSUGR DISCLAIMS ALL WARRANTIES, PROMISES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10.4 These T&Cs shall be governed by the laws of the United States and the laws of the State of Indiana, without regard to the conflicts of law principles thereof. The User hereby consents to the exclusive jurisdiction and venue over such dispute related to the Products or these T&Cs in a court of competent jurisdiction residing in Marion County, Indiana.