SmartStart Health Ltd - Terms of Use

Thank you for using SmartStart CGM!

SmartStart CGM products and services are provided by SmartStart Health Ltd (“SmartStart”) referred to herein as “we”, “our”, or “us”. These Terms of Use ("Terms") govern your use of our learning platform, apps, and other products and services ("Services").

Please read these Terms carefully and contact us at support@smartstart.health if you have any questions.

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce into the Services, for example. We will notify you of any changes that have been implemented when you access the Services.

By using the Services, you agree to be bound by these Terms (as may be amended from time to time), including the policies referenced herein and our Privacy Policy which can be found at [https://cgm.smartstart.health/privacy-policy]. If you do not agree with these Terms, you must cease use of the Services immediately.

Who May Use the Services

You may use the Services only if you have been invited to access them by a registered doctor or health practitioner, and only in compliance with these Terms and all applicable laws.

You may use the Services on any number of electronic devices provided that you comply with these Terms. If you sell or dispose of any electronic device on which information relating to the Services is stored, you must remove such information prior to sale or disposal.

You must be 18 or over to access the Services. If you are under the age of 18 you must obtain consent from a parent or guardian to access the Services.

The Services provide information to help you understand your glucose levels through Continuous Glucose Monitoring (“CGM”) and to help you get the most out of the data it provides. We do not provide general health or medical advice and the information via the Services must not be treated as an alternative to professional medical advice, diagnosis, or treatment.

In a life-threatening emergency, dial 911 or the equivalent emergency services contact number in your country.

Our Licence to You

Subject to these Terms and our policies (including the Acceptable Use Policy and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable licence to access, view, use, and display the Services for the sole purpose of personal CGM.

Your obligations

Prior to using the Services your healthcare professional will create a user account which is personal to you. You will be provided with an email address that does not disclose any of your personal details and is not related to any personal email addresses that you may use. When creating your account you will be asked to provide your first name and first letter of your surname. No other personal details will be collected from you.

You agree that you will provide us with accurate and complete information and keep it accurate and complete through the period during which you are permitted to use the Services.

If someone else owns the phone or electronic device you are using

If you access the Services through any phone or other electronic device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other electronic device. You must ensure that the Services are inaccessible to the owner of the phone or other electronic device.

Your data

Other than your first name and first letter of your surname, we will not collect or store any personally identifiable data. The information that you do share relating to CGM will not be shared directly with your sponsoring healthcare professional. Such data will first be curated with a summary of your responses being shared. We may use any data input into the Services for the purposes of education, research, and improvement of the Services. Our privacy policy that sets out how we handle your personal data (to the limited extent it may be collected) can be found at [https://cgm.smartstart.health/privacy-policy].

Intellectual property rights

All intellectual property rights in the Services and any associated documentation throughout the world belong to us or our licensors. The rights to Services as specified in these Terms are licensed to you, not sold. You have no rights in the Services other than the right to use them in accordance with these Terms.

Links to third party website, products, and services

From time to time we may provide information or links relating to third party websites, products, and services. we are not responsible for the content of such third party websites, products, and services and is not liable for any loss, damage, or injury that you incur or suffer resulting from your use thereof.

Updates to the Services

From time to time we may automatically update the Services and change the functionality of the Services to improve performance, enhance functionality, reflect changes to browsers and/or operating systems or to address security issues. All updates may be made without notice and will be rolled out to minimise the period that the Services are inaccessible.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us a perpetual, exclusive licence to use the Feedback for any purpose without any restriction or any compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account by emailing support@smartstart.health and we will take reasonable steps to mitigate any loss of data.

Terminating the Services

We may terminate your use of the Services for any reason without notice. If you are in breach of these Terms, we may provide you with a reasonable opportunity to cease or remedy the activities that resulted in such a breach but there is no obligation for us to do so.

You can stop using the Services at any time, although we'll be sorry to see you go.

Upon termination of your use of the Services:

you must stop all activities authorised by these Terms, including your use of the Services;
you must delete any data, information, apps, or cached websites from all electronic devices on which the Services have been used or accessed; and
we may delete your user account without notice.

Disclaimers

The Services and all included content are provided on an "As is" basis without warranty of any kind, whether express or implied. We specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. We further disclaim any and all liability related to your access or use of the Services or any related content. You acknowledge and agree that any access to or use of the Services or such content is at your own risk.

The Services use Vimeo and YouTube to host all videos associated with SmartStart CGM and, while we take the utmost care to ensure only video clips specifically related to our website are visible, we cannot control the standard YouTube interface. As a result, we cannot control and are not responsible for the viewing of any ‘related content’ not created by and for us. For videos created by other parties, hosted on YouTube and embedded in our content, we are not responsible for changes beyond our control.

Limitation of liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorised access, use, or alteration of your content or information. In no event shall our aggregate liability for all claims related to the Services exceed twenty pounds Sterling (£20) or the total amount of fees received by us from you for the use of the Services during the past year, whichever is greater.

You acknowledge and agree that the disclaimers and the limitations of liability set forth in these terms of use reflect a reasonable and fair allocation of risk between you and us, and that these limitations are an essential basis to our ability to make the Services available to you on an economically feasible basis.

Nothing in these Terms seeks to limit our liability for personal injury or death attributed to our negligence, or any other liability that may not be limited by applicable law.

Indemnification

You agree to indemnify, defend, and hold us harmless from any and all claims, liabilities, expenses, and damages, including reasonable legal fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) any content that you upload into the Services, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Assignment

You may not transfer your rights or obligations under these Terms to any third party without our prior written consent. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will take reasonable steps to ensure that such a transfer will not affect your rights under these Terms.

Severability

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any part of these Terms is unlawful, the remaining paragraphs will remain in full force and effect.

Waiver

Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of any breach of it, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Referenced Policies

Acceptable Use Policy

Our mission is to make it easier to use CGM. We want to make sure that all of our participants feel safe and comfortable while using the Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in our online community and otherwise using the Services.

You aren't allowed to:

Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone access your account, or do anything that might put your account at risk.
Attempt to access any other user's account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from the Services, unless specifically authorised to do so.
Access, tamper with, or use non-public areas of our systems, unless specifically authorised to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorised to do so.
Try to reverse engineer any portion of the Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
Use the Services to distribute malware.
Impersonate or misrepresent your affiliation with any person or entity.
Encourage or help anyone do any of the things on this list.

Governing law and jurisdiction

These terms are subject to English law and the courts of England & Wales shall have the exclusive jurisdiction to hear any dispute arising out of or in connection with these Terms.