.
.
.
.
Blood Sugar Tracker General Terms and Conditions (T&Cs)
Effective Date: January Dec27, 2024
1. SCOPE
1.1 Our Products
Definition: “Blood Sugar & Diabetes Tracker” refers to Blood Sugar & Diabetes Tracker, located in Dubai UAE. We develop digital solutions within the Blood Sugar & Diabetes Tracker app for diabetes management. Purpose: Our Products aim to simplify daily diabetes management but do not replace professional medical advice. Always consult a healthcare professional for medical concerns.
We develop and operate digital solutions as part of the Blood Sugar & Diabetes Tracker app (“Blood Sugar & Diabetes Tracker App”) for persons with diabetes. Blood Sugar & Diabetes Tracker is a digital health company that 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 Blood Sugar & Diabetes Tracker 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 Blood Sugar & Diabetes Tracker itself, our cooperation partners, or Users – can be understood as supplementing or replacing information from a healthcare professional or pharmacist.
1.1.3 Blood Sugar & Diabetes Tracker 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 Blood Sugar & Diabetes Tracker 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”.
1.2 Scope of T&Cs
These T&Cs govern the use of our Products. By using our Products, you agree to these terms. Any additional terms specific to your location will be outlined in Section 10.
1.3 Third-party Suppliers
Our Products may be available in app stores, subject to their terms. We partner with various suppliers for optimal product use, and their terms may apply.
2. DATA PROTECTION
We prioritize your data protection. Our privacy notice explains how we handle your personal and health-related data. Consent is required for data processing; without it, you cannot use our Products.
3.CONCLUDING THE CONTRACT AND REGISTRATION
3.1 Buying our products and paying for them
3.1.1 There are several ways to buy our products:
Services and Apps
Our products are available on app marketplaces including Google Play and the Apple App Store. Please be aware that the app store’s independent business rules, which may call for a user account, apply when you buy (but not when you use) our products.
There is a login section on our website, specifically for the Blood Sugar & Diabetes Tracker Bundle.
You can use our website or the app to redeem voucher codes for our products (such those included in the Blood Sugar & Diabetes Tracker Bundle).
Bundles
Sometimes our products are sold alongside therapy gadgets. For instance, you can use our app to pair your blood glucose meter and other therapeutic devices.
Employers and private and public insurance organizations are among the third parties that collaborate with Blood Sugar & Diabetes Tracker to provide our products to people with diabetes. The insurance company covers the cost of our products either directly or through reimbursement under your policy. We can let you know if your insurance provider already works with us.
3.1.2 Some fee-based products are available for purchase on our website, in app stores, or through the Blood Sugar & Diabetes Tracker app. They are purchased using the designated payment methods through the user account on the app store. For Blood Sugar & Diabetes Tracker, the applicable app store serves as a direct vendor or an agent and payment service provider. Please get in touch with admin@crosscode.com at any moment if you encounter issues with downloading or making a payment..
3.1.3 Depending on the offer and choice, usage fees or purchase costs (including statutory value-added tax) may be paid once or frequently (e.g., monthly, six-monthly, or annually). The current fees, which must be paid in advance, are shown in the app stores or on the Blood Sugar & Diabetes Tracker app. We can email you invoices and payment reminders if the app store does not complete your payment. We have the right to prevent you from using our products if you make a negligent, late, or insufficient payment. This has no bearing on your duty to pay the usage fee..
3.1.4 We specifically maintain the right to limit free products at any moment, change them, discontinue them entirely, or charge for them. The free use of individual products or parts of them for a specific time period does not confer any future legal rights.
3.1.5 After informing the user, fee-based products, such as Blood Sugar & Diabetes Tracker Pro, may be modified for a valid reason. Notwithstanding the contrary, if this modification impairs usability, the User may end the contract at any time for free within 30 days.
3.1.6Additionally, Blood Sugar & Diabetes Tracker has the ability to produce exclusive and cost-free offers, subject to further limitations or requirements. While the entirety of these T&Cs still apply, we specifically mention any deviations from them in this context. Offers that are free or special cannot be shared with other users.
3.2 Activation and registration
3.2.1 You must register on the Blood Sugar & Diabetes Tracker App in order to use our products. You need to create an account using your email address and password (unique ID) as soon as you purchase our product for the first time. Only one user may create a unique ID, and only one user may use each unique ID.
3.2.2 By registering, the user accepts Blood Sugar & Diabetes Tracker’s legally binding offer to enter into a contract for the use of our products based on the relevant version of these terms and conditions. By activating your unique ID, we accept such an offer.
3.2.3 You receive a separate email confirming the activation as soon as you register. Without providing a reason, we have the right to reject specific users or their offer to enter into a contract. Any payments that have already been made in this situation will be repaid, and the user’s data will be promptly removed.
3.2.4 To register for our products, you must be at least 18 years old, or the legal minimum age in your country. In compliance with the products’ intended usage, children may use the products. In this instance, in order to administer the minor’s account, the caregiver must register for our products.
3.2.5 By registering, the user attests to their understanding and unqualified agreement of the terms and conditions stated here, as well as the accuracy, completeness, and timeliness of their personal data. The user is also required to update their personal data on a regular basis. We maintain the right to get in touch with users to confirm their registration and usage details.
3.2.6 Blood Sugar & Diabetes Tracker has the right to block the relevant unique ID with immediate effect and without prior notice, as well as to prohibit the use of our products without having to reimburse the User for any expenses incurred, if the User provides false, incorrect, out-of-date, or incomplete information, or if we have reasonable grounds to believe that information is such.
3.2.7 The user is responsible for safeguarding the registration information against misuse, fraudulent intent, and unauthorized third-party access. admin@crosscode.com must be reported right away if there is even the slightest possibility that the unique ID has been exposed to such a risk. Any user’s unique ID may be blocked by us if it is being used fraudulently or unlawfully.
4. RIGHT OF REVOCATION
You have the following rights as a customer to cancel the agreement you have with Blood Sugar & Diabetes Tracker if you do not utilize our products for business or professional purposes:
REVOCATION RIGHT
Right of revocation
Within fourteen days, you may terminate this agreement without providing a justification.
Fourteen days after the contract was finalized (i.e., the account was activated), the contract can be revoked.
You must clearly notify Blood Sugar & Diabetes Tracker GmbH, Trattnerhof 1, 1010 Vienna, Telephone +43 720 884555, email admin@crosscode.com of your intention to revoke the contract in order to exercise your revocation right (for example, by email or postal mail). Although it is not required, you are welcome to utilize the sample revocation form that is provided.
Sending the notice of exercising the revocation prior to the conclusion of the revocation period is enough to keep the revocation period in effect.
Implications of revocation
Should you terminate this agreement, we will have to reimburse all of the money we received from you, including delivery fees (except for extra fees incurred if you choose a delivery option other than our most affordable standard delivery), as soon as possible and no later than fourteen days after we received your notice of termination. Unless we have specifically agreed otherwise, we will use the same payment method for this reimbursement as you used for the first transaction; costs will never be charged as a result of this repayment.
Please be aware that your insurance company may have a claim for reimbursement if your health insurance has paid for the expenses of goods or services that were revoked under the tariff.
In contrast to the scope of the total services envisioned under this contract, you must pay us the appropriate amount for the services rendered up until the date you notify us of the execution of the revocation right for this contract if you have requested that the services begin within the revocation period.
5. APPLICATION OF OUR ITEMS
5.1 Termination and period of use
5.1.1 After registering and being activated by Blood Sugar & Diabetes Tracker, you are able to utilize our products.
5.1.2 There is no time limit on using our free products. The terms of the contract and the applicable insurance determine how long you can use products (like the Blood Sugar & Diabetes Tracker Bundle) that you buy with your health insurance company’s help.
5.1.3 Depending on the current offer, our fee-based products can be purchased as monthly or annual subscriptions, with varying usage periods (referred to as “Subscription Periods”). Our apps, website, and app stores all reflect the applicable Subscription Period.
5.1.4 For convenience, either Blood Sugar & Diabetes Tracker or the User may end the agreement at any time with thirty days’ notice. You have two options for doing this: either choose “Cancel Subscription” from within your app store user account or the website’s login section, or send us a written notice at admin@crosscode.com. Please be aware that fees paid for unused subscription periods are only refunded in the case that Blood Sugar & Diabetes Tracker terminates the subscription normally or automatically (see section 5.1.6 below).
5.1.5 The Subscription Period is automatically extended by an additional period equal to the previously chosen Subscription Period in the event that there is no termination or a late termination. The normal rate that was in effect at the time of the extension applies, not the rates of any free or special offers from your insurance provider. In the applicable app store’s user account settings, you can turn off the automatic renewal.
5.1.6 The usage connection immediately terminates with immediate effect in the event of the User’s death or the revocation of the privacy permission. Without your permission, Blood Sugar & Diabetes Tracker is not allowed to process your health information.
5.1.7 Please contact admin@crosscode.com at any time if you have any issues about your usage term or when it expires.
5.2 Exclusion and lockout
5.2.1 We retain the right to permanently bar users from using our products or to temporarily lock them out at any time for any reason (in our discretion). The repayment of usage expenses is not covered in the case that such a contract expires without a notice period.
5.2.2 Serious violations of these T&Cs by a User, such as violations of section 3.1 (Payment) beyond a two-week grace period, section 3.2 (Registration data), section 5.3 (License), or section 6 (“Your behavior”), are considered “for cause.”
5.3 The giving of rights and licensing
5.3.1 You obtain the non-exclusive, non-transferable, revocable, but geographically unrestricted right to use our products for your own purposes, subject to the terms and conditions, upon registration and activation. This license is limited to the length of your contractual Subscription Period for fee-based products.
5.3.2 Blood Sugar & Diabetes Tracker is the only authorized user of the software, code, systems, procedures, and content of our products, which are all protected by copyright and trade secret laws. Without our prior written approval, you are not permitted to copy, modify, reproduce, republish, post, transfer, sell, offer for sale, resell, or use our products or parts of them anywhere else. Users are not allowed to utilize Blood Sugar & Diabetes Tracker’s trademarks, brands, logos, or other commercial property rights. There is no licensing of any type for our products, and Blood Sugar & Diabetes Tracker or an affiliated firm owns all usage and exploitation rights, unless otherwise specified in these T&Cs.
5.3.3 Each User gives Blood Sugar & Diabetes Tracker a non-exclusive, revocable but free, transferable, exploitation and usage right, unrestricted in time and location, to the content they create, transfer, store, or publish within our Products, if this is necessary for the technical provision of our Products. However, use or exploitation is prohibited if it disproportionately jeopardizes the user’s legitimate interests (such as their right to privacy). If the content is used outside of our products, we will, if appropriate, disclose that it was created by the user. Regarding content produced by users, Blood Sugar & Diabetes Tracker makes no claims to ownership and will not take on any supervisory role.
5.4 Our Products’ Availability
5.4.1 In any situation, we offer our products in line with the organizational, operational, financial, and technical capabilities that are now available. However, the products’ composition and availability may differ from nation to nation. Any disruptions, delays, deletions, incorrect transmissions, or storage problems related to utilizing our products or communicating with users cannot be excluded by Blood Sugar & Diabetes Tracker. We rely on the technical delivery of third-party services because we partially sell our products in collaboration with outside vendors. Consequently, Blood Sugar & Diabetes Tracker disclaims all duty, responsibility, and obligation to maintain uninterrupted online availability of our products.
5.4.2 This also applies to limitations on utilizing our products brought on by official directives, strikes, lockouts, and force majeure, as well as technological changes or maintenance performed on the Blood Sugar & Diabetes Tracker systems. Please contact admin@crosscode.com at any moment if our products are disrupted or fail.
6. YOUR BEHAVIOR
6.1 Overview
6.1.1 Every user has the right and responsibility to use our products at their own risk and cost, using the appropriate technical equipment. You may find the devices and operating systems that work with the products here, in the app stores, or by sending an email to admin@crosscode.com at any time.
6.1.2 You are also required to use our products only in accordance with these terms and conditions, the law, and to refrain from any improper usage. If you find any violations of the responsibilities listed in this section, please contact us right away at admin@crosscode.com.
6.1.3 By providing a testimonial, you consent to Blood Sugar & Diabetes Tracker using it for marketing purposes, but only in an anonymized form to preserve your privacy.
6.2 Mistreatment
6.2.1 Every user must provide accurate registration information, maintain it current and complete, and refrain from disclosing it to any other parties. Personal information must be handled with care, kept private, and backed up on one’s own initiative. In the event that lost or damaged data or content is not our fault, Blood Sugar & Diabetes Tracker disclaims all liability and other warranties.
6.2.2 We may only keep, publish, transfer, or disseminate content—such as pictures, videos, words, or other depictions—in connection with our products if the user is authorized to do so. It is always forbidden to use any form of racial, offensive, discriminatory, defamatory, sexual, pornographic, violent, or other illegal content.
6.2.3 Additionally, it is forbidden to disassemble, decompile, decrypt, or reverse engineer our products. Each user is required to refrain from attempting any technical or electronic disruptive interference with our products or Blood Sugar & Diabetes Tracker networks (including hacking attempts, brute force attacks, the introduction of viruses, worms, trojan horses, or other malicious software), as well as any other kind of attempted disruption that could impact the hardware or software of Blood Sugar & Diabetes Tracker’s products and systems.
7. OUR RESPONSIBILITY
7.1 Liability and guarantee
7.1.1 Blood Sugar & Diabetes Tracker is liable and offers guarantees as specified by the legislative provisions, unless these T&Cs specify otherwise.
7.1.2 Liability for monetary losses, consequential damages, lost profit, and damages arising from third-party claims is not applicable to users who are not consumers. If these T&Cs limit or exclude our obligation, this also applies to Blood Sugar & Diabetes Tracker’s associated businesses and vicarious agents.
7.1.3 With the exception of personal damage, Blood Sugar & Diabetes Tracker’s liability is restricted to willful conduct and egregious carelessness, outside the purview of product liability laws. When taking into account objective grounds for consequences, culpability for little negligence is eliminated.
7.1.4 Blood Sugar & Diabetes Tracker does not guarantee that the necessary hardware and software will function flawlessly or that our products will be fully available without problems or interruptions. Additionally, it is impossible to completely rule out the possibility that third parties may track, record, or fabricate data while it is being transferred via third-party systems, particularly the Internet and other telecommunication networks.
7.1.5Regarding downloaded content or materials that users have got as a result of utilizing our products, Blood Sugar & Diabetes Tracker makes no guarantees. The User bears full responsibility for any harm that may be caused to their devices or IT system, as well as for any data loss that may occur from downloading anything related to our products.
7.1.6Additionally, Blood Sugar & Diabetes Tracker disclaims all liability for third-party content that may be included in our products, including banners, external links, other data, and advertising offers from third parties. Blood Sugar & Diabetes Tracker disclaims any liability for the information provided if we allow access to third-party offers through links or notifications. Only contractual connections between the User and the appropriate third party result from subsequent legal transactions with third parties. Regarding the services of third parties, we disclaim all liability and guarantee.
7.2 Disclaimer and indemnification
7.2.1 The use of our products is solely at the user’s own risk and does not take the place of medical advice or consultation with a healthcare provider. This is especially true when using ordered items, like blood glucose meters, and any data that the user provides as part of our products, such as blood glucose readings, computations, and suggestions. The user expressly agrees that Blood Sugar & Diabetes Tracker takes no responsibility for the accuracy of such data and that it may be flawed.
7.2.2 The Products may only be operated or used entirely in accordance with the purpose, specifications, and application regions specified in the offer and usage terms, to the degree allowed by applicable medical devices law governing the use of the Products.
7.2.3 In the event that the User violates any of these terms and conditions, Blood Sugar & Diabetes Tracker will be held harmless from any third-party claims. If the User is not at fault for the duty violation, this does not apply. This has no bearing on Blood Sugar & Diabetes Tracker’s other claims for damages against the user.
7.2.4 The User acknowledges full responsibility for any harm and disagreements resulting from disputes with other Users, both in and out of court. The user clearly agrees that Blood Sugar & Diabetes Tracker is not liable for other users’ acts or inactions or for any harm that may occur.
7.2.5 Should third parties bring claims against Blood Sugar & Diabetes Tracker, the User shall promptly furnish all information at their disposal, in full and truthfulness, as needed to examine, refute, and stop such claims. Any required legal defense by Blood Sugar & Diabetes Tracker is paid for by the user, including all court and legal fees up to the statutory maximum.
8. SPECIAL PROVISIONS
Unless otherwise stated, the following clauses on specific products complement the other clauses in these T&Cs:
8.1 Diabetes & Blood Sugar Monitor Bolus Calculator
8.1.1 Diabetes & Blood Sugar Monitor The Bolus Calculator is only intended for people over the age of 18 who are insulin-dependent or getting Functional Insulin Therapy (or comparable programs) and who get frequent checkups with their doctor. The Bolus Calculator should never be used by minors, those who use mixed insulin or just long-term insulin for their therapy, or people who are psychologically or physically incapable of managing their own therapy on their own (such as having significantly impaired vision)
8.1.2 You can determine the required insulin dosage with the help of the Blood Sugar & Diabetes Tracker Bolus Calculator, which is a paid tool. Based on the different factors the user enters, the Blood Sugar & Diabetes Tracker Bolus Calculator makes its computations. An estimated calculation requires accurate data entry. Blood Sugar & Diabetes Tracker disclaims all liability and other responsibility for the Bolus Calculator’s results and recommendations.
8.1.3 The user is given recommendations on how to use the calculated insulin dose based on the results of the Blood Sugar & Diabetes Tracker Bolus Calculator. However, it is entirely up to you to determine if the estimated number is reasonable based on your own experience, the advise of your healthcare provider, and the directions of the medicine you are taking. Only then can you adjust your insulin dosage appropriately. You are specifically cautioned by Blood Sugar & Diabetes Tracker not to take recommendations from the Blood Sugar & Diabetes Tracker Bolus Calculator without doing independent plausibility tests.
8.1.4 In no way can the Blood Sugar & Diabetes Tracker Bolus Calculator administer insulin or other medications, measure blood glucose, determine individual therapy settings, or take the place of a healthcare provider’s medical knowledge or routine checkups.
8.2 Intended Use of the Products
8.2.1 Only the intended use, as stated below, and in compliance with the product’s handbook may be operated or utilized exclusively with the products (“Intended Use”). Beyond its intended usage, the products cannot be utilized, modified, or mixed with other parts or products (also known as “off label use”). Any such off-label use of a product is the user’s responsibility. Blood Sugar & Diabetes Tracker does not guarantee legal or regulatory compliance with regard to products used for purposes other than their intended use, nor does it undertake any duty to the user.
8.2.2 Please select the relevant document under “Manuals” to verify the intended use of the corresponding products.
9. CONCLUSIVE TERMS
9.1 Legal preference
With the exception of its reference clauses and the UN Sales Convention, Austrian law governs these T&Cs and the whole legal relationship between Blood Sugar & Diabetes Tracker and the User. Nonetheless, the user benefits from the protection of mandatory laws in the nation where they currently reside or have a practice of doing so as a consumer.
9.2 Jurisdictional location
The main office of Blood Sugar & Diabetes Tracker in Vienna is acknowledged to be the site of fulfillment and the only court of jurisdiction for any issues originating from these T&Cs. Consumer-friendly mandatory conflicts of legislation are unaffected.
Participation in extrajudicial dispute resolution procedures before a consumer dispute resolution authority (Schlichtung für Verbrauchergeschäfte) is something we are open to.
9.3 Additional
9.3.1 Email transmission to the address listed on registration (Blood Sugar & Diabetes Tracker ID) is adequate if notification or the written form is required by these T&Cs (including for legally significant declarations).
9.3.2 Users cannot give third parties access to their Blood Sugar & Diabetes Tracker ID. If a transfer has no appreciable impact on the user’s rights under these T&Cs, Blood Sugar & Diabetes Tracker may assign its rights and responsibilities under them to another business or third party.
9.3.3 The remaining sections of these T&Cs that are not impacted by invalidity remain legal and applicable even if any one of the individual provisions is or becomes ineffective.
9.3.4 There are multiple languages available for these T&Cs. Predominance is given to the version in the language of the nation where the customer resides or frequently visits (for example, the German version for users in Austria, Germany, and Switzerland). The English version will take precedence if and to the extent that no country-specific language version is available.
10. COUNTRY-PARTICULAR TERMS
In the event that any of the following clauses directly or indirectly contradict with any of the clauses found in Sections 1 through 9 of the T&Cs, the following clauses will take precedence.
USA
10.1 The following provisions, which are included in and constitute part of the T&Cs, apply to you if you reside in the United States or any of its territories.
10.2 To the greatest extent permitted by applicable law, Blood Sugar & Diabetes Tracker, its affiliates, and any third-party providers’ sole liability under any provision of or otherwise related to these terms and conditions and the user’s exclusive remedies for all of the aforementioned shall be limited to either fixing, repairing, or otherwise correcting any defects within the products, even if any such loss was anticipated or anticipated by the parties.The higher of the amount you actually paid for the products or $10.00 USD, when applicable. Blood Sugar & Diabetes Tracker, its affiliates, or its third-party providers shall not, to the maximum extent permitted by applicable law, be liable to the user (or its patients, employees, contractors, agents, or assigns) for monetary damages, including any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits,For any loss of data or other information, for business interruption, for personal injury, for privacy loss resulting from or in any manner connected to the use of the platform, third-party software, and/or third-party hardware used or potentially used with the platform, for loss from viruses or other technologically harmful materials that may affect your information system and hardware as a result of downloading any products or mobile applications, materials, or websites linked to the products, or OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE) WHETHER IN WARRANTY, CONTRACT OR TORT, INCLUDING NEGLIGENCE OR PRODUCT LIABILITY
even if Blood Sugar & Diabetes Tracker, its affiliates, or any third-party provider has been informed of the possibility of such damages, including without limitation medical expenses, legal fees, loss of revenue or profits (direct or indirect).In the event that a product error results in computer issues and associated data loss, only the user can implement the backup plans and safeguards required to appropriately address its needs. For these reasons, YOU AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND UNDERSTAND THAT ANY APPLICABLE FEE CHARGED WOULD BE HIGHER WITHOUT YOUR ASSENT TO THIS PROVISION.
10.3 APART FROM WHAT IS SPECIFICALLY MENTIONED HERE, Blood Sugar & Diabetes Tracker DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES, PROMISES, AND REPRESENTATIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10.4 The laws of the United States and the State of Indiana, notwithstanding their conflict of law provisions, will apply to these terms and conditions. The User agrees that a court of competent jurisdiction located in Marion County, Indiana, will have exclusive jurisdiction and venue over any dispute pertaining to the Products or these T&Cs.