Last modified: 09/17/2019
Terms and Conditions
These terms and conditions (together with the documents referred to) set out the terms on which we supply any of the services (“Services”), listed on our mobile iOS App Eddii (“App”). Our Services are directed towards adults (“Adult User”) children under 13 years of age and their parents or legal guardians (“Child User”), collectively referred to as “User.”
Please read these terms and conditions (“Terms”) carefully before using any Services on our App and you agree to be bound by these Terms.
These Terms also apply to your use of our Website and all branded pages on third party platforms (such as Facebook or YouTube) (insofar as they are applicable) and set out the terms on which you may access / make use of our App. Use of our App includes accessing, browsing or registering to use our App or any of the Services within it.
By continuing to use this App, you accept these Terms. If you do not agree with these Terms you are NOT permitted to use our App and will not be able to order any Products from, or use any Services on, our App.
Please read the Terms carefully. By registering for use of these Services, you agree to be bound by these Terms on behalf of yourself and any child user under the age of 13, to whom you are a legal guardian or parent. If you do not agree to these Terms, you must not access, use or authorize use of the Services.
Please check these Terms periodically for changes as every term in this agreement is subject to amendment. We reserve the right to change these Terms at any time; Provided however, you have the right to reject such amendment or cancel the contract without cost, penalty or cancellation indemnity by sending the company a notice to that effect no later than 30 days following such amendment. Your continued use of the Services following this 30 day period means that you agree to such changes.
I. General Provisions
1.Information About Us
This App and Website are operated by Eddii inc. (“We”, “Us”, “Our”). We are registered in the state of Delaware, 2035 Sunset Lake Road, Suite B-2, in the city of Newark, zip code 19702 and county of New Castle under Employer Identification Number 20-1052002.
2.Use of the Services
Eddii provides Services to assist people with diabetes to self-manage their condition. The Services require your active engagement and participation and you understand that, despite your efforts, individual user’s results will vary for a variety of reasons. Eddii cannot guarantee that you will successfully manage your condition or be responsible for any health problems that may arise while or in connection with the use of our Services. We encourage you to consult with your healthcare provider before commencing the Services and use as recommended by your healthcare provider. A full description of the Services can be found at www.eddiihealth.com. The Services may be updated or discontinued from time to time.
You will receive a user account for your personal use that requires a username and password. You are responsible for all activities that occur under your user account. You shall: (i) be responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use your best efforts to prevent unauthorized access to, or use of, the Services, and notify promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the Services.
The term of this Agreement will begin upon your successful registration and the activation of the Services by Eddii and will continue until you cease using the Services unless a term is otherwise set forth in the registration.
Eddii reserves the right to refuse activation of a user for any reason and may suspend or terminate your access to the Services if you (a) breach any term of this Agreement, or (b) engage in any conduct that Eddii determines in its discretion may have an adverse effect on Eddii or its reputation.
You may terminate this Agreement for convenience upon written notice to Eddii or its vendor or through the applicable cancellation process. Eddii may terminate for convenience upon sixty (60) days of written notice.
Upon termination, you will no longer have access to the Services. In addition to termination, Eddii reserves the right to pursue any and all remedies available to it.
7. Non-Confidential Information
8.Disclaimer and Limitation of Liability
The Services are provided on an “as is” basis and use of the 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 indirect, incidental, special or consequential damages that result from your use of or inability to use the Services, including but not limited to reliance on any information obtained from the Services, regardless of the form of action.
You agree to defend, indemnify, and hold Eddii, its officers, directors, partners, employees, contractors, agents, licensors, suppliers and third party service vendors, harmless from and against any claims, actions or demands, liabilities including without limitation, reasonable legal fees, alleged to result from your use of the Services and third party medical devices.
All users agree (1) that all matters relating to access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Massachusetts without regard to its conflicts of laws provisions and (2) waive any objection to such jurisdiction or venue and the right to trial by jury in any judicial proceeding involving any dispute, controversy, or claim arising out of or relating to these Terms or the Services. The failure of Eddii to insist on or enforce strict performance of these Terms will not be construed as a waiver by Eddii of any provision or any right it has to enforce these Terms, nor will any course of conduct between Eddii and you or any other party be deemed to modify any provision of these Terms. The provisions of these Terms are severable. The invalidity, in whole or in part, of any provision of these Terms will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms will remain in full force and effect. The Services are not available to all persons or in all geographic locations. Any offer for any Service is void where prohibited.
The parties acknowledge that they have agreed that this agreement and all related documents be drawn up in the English language.
II.Product and Service Specific Provisions
Diabetes is a complex disease and managing it on your own can be complicated. Eddii provides you with encouragement to help you, or your child, manage your diabetes. Eddii works with you to self-manage your condition and achieve a high quality of life with diabetes. Eddii serves as a resource for you and assists you in your daily regimen to manage your condition.
You understand and agree to the following with respect to Eddii:
Managing diabetes is an inexact science and diabetes can result in acute and chronic complications,
Eddii, and its third party service vendors support your self-management of your condition but proper care and treatment of diabetes requires the oversight of a licensed healthcare professional,
Eddii is not a licensed medical care provider,
As a result, using Eddii should be only supplemental to treatment and care provided by your health care provider. It should not replace regular medical visits with your health care provider,
Eddii does not provide any medical or clinical services or advice and does not diagnose, treat or manage any illness, disease or condition, including diabetes,
Always consult with your healthcare professional regarding your condition and any changes in prescription or treatment plan. You should not change your medication or therapy based on information you received through the Services alone, and
Eddii and its third party service vendors are not responsible for any health problems that may arise in connection with its services.
2. License Grant
During the term of this Agreement, Eddii grants you a non-exclusive, non-transferable, non-sublicensible, revocable and limited right to access and use the Services and any documentation made available to you by Eddii solely for purposes of your personal use of the Services in accordance with the terms of this Agreement. These Services are limited to users in the United States or Canada as applicable based on the Product and Services description. The Services are enabled by technology, software and certain content delivered electronically. You agree that you will not reverse- engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Services. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Services. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Services except to an authorized user. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.