Terms and Conditions
Revised, January 26, 2022
This document captures the complete set of terms and conditions and represents the agreement (“The Agreement” ) between You and Medical Data Networks LLC (DBA “T1 Pal”, “T1pal Nightscout”, “Loop”, “T1Pal Loop”, and “T1Pal Co-Pilot”). This Agreement also governs the use of all products and services of Medical Data Networks, LLC.
The term “You” in this Agreement refers to you, an individual, and/or to the company on whose behalf you authorized the Agreement.
Please read this Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree” at registration time or log into or otherwise use any one of our applications (T1Pal Nightscout, T1Pal Loop).
A. INTRODUCTION TO OUR SERVICES
This Agreement governs your use of Medical Data Networks LLC Services (“Services”), and where available, through which you can connect, buy, get, license, rent, or subscribe to content. Content and/or content-related data processing services are offered through the capabilities of Medical Data Networks LLC, and/or contracted third parties.
Our services are all served by computing and data storage resources in the United States, and where such services are legal, our services are made available for your use in your country or territory of residence (“Home Country”). By your using a credit card billed to you in a particular country or territory, you are specifying it as your Home Country, and further, you accept these terms and conditions.
To use our Services, you need compatible hardware, software, and internet access services where sometimes additional user or equipment fees are charged directly to you. We do not pay for such fees charged to you, even if the performance of our services is impacted by these capabilities.
Please read this Agreement carefully before you proceed with the registration process.
THE SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE Medical Data Networks LLC WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.
If you do not agree with the following terms and conditions, you must discontinue the registration process and refrain from using the Service. If you use the Service on behalf of a company, by clicking the “I Accept” button you confirm and warrant that you have full authority to bind the company and consent on the company’s behalf to this Agreement.
Medical Data Networks, LLC may revise these terms and conditions at any time, with or without prior notice to you. You should review these Terms and Conditions from time to time because you agree to be bound so long as you continue to use the Service.
Further, the terms of conditions governing the accounts you access through the Service apply.
Services provided by Medical Data Networks LLC may enable you to access, use, and control your account(s) including to view, post data, perform calculations based on posted data, and/or process and/or view other content on those accounts and view feeds (“Online Content”). Our services may further allow you to link contacts between your existing service(s), provided by others, to accounts and your website or sites, and personal displays.
Please note that content display may be affected by the applications, operating systems, screens, and other measures and devices used in content processing and display. Consequently, the display of the Online Content on your other devices or applications may differ from the original display in lay-out, arrangement, color and font style, color, and size.
Our services include hosted “Nightscout” service called T1Pal Nightscout, a Loop iPhone application, personalized “CoPilot”, and/or “Ground School” services. As part of our services, we may help you configure and use our various services, in combination with the services of others. We may introduce additional services from time to time, and this agreement would then automatically be extended to cover any such additional services.
We make no guarantee and provide no specific assurance as to the quality or accuracy of any systems that enable our service capabilities. None of our devices or services should be understood to be medical devices, services, and/or software.
Any coaching or advice provided in connection with our operations staff and/or support staff and/or trainers must not be understood as providing any medical advice. We only provide limited guidance on the use of our technology for data processing and content delivery. Medical Data Networks LLC does not provide medical guidance of any kind.
Subject to terms and conditions of this Agreement, Medical Data Networks LLC hereby grants you ONLY and you accept a limited, nonexclusive, nontransferable, revocable license to use the Service, only as authorized in this Agreement, for your personal and non-commercial use.
Your limited right of use will automatically expire upon the termination or cancellation of this Agreement, by either party, for any reason. You acknowledge that Medical Data Networks LLC has no obligation whatsoever to furnish any maintenance or support services, and/or data backup, storage services, and/or history of data measurements with respect to the Service. Medical Data Networks, LLC makes no assurance with respect to the reliability, performance, or security of our service capabilities.
You are solely responsible for your use of our Services. Medical Data Networks LLC provides no assurance it can monitor, examine or inspect the Online Content delivered to you through the services provided. Medical Data Networks LLC merely offers a platform for communicating online content and is not responsible for such content’s accuracy, reliability, timeliness, copyright compliance, legality, decency, quality, or any other aspect of such content.
Online Content produced, transformed, derived from, and/or otherwise used by any Medical Data Networks LLC application or advice, may or may not include links to third-party websites and content. Any linked content is not under the control of Medical Data Networks LLC and Medical Data Networks LLC therefore cannot be responsible whatsoever for the content of any such linked content. The Online Content does not represent or reflect any advice, views, opinions, or beliefs of Medical Data Networks LLC and Medical Data Networks LLC does not endorse or claim any responsibility for the Online Content.
You acknowledge and expressly assume the risk that by using the Service. You may encounter content (either Online Content or linked content) that may be deemed offensive, indecent, or objectionable and that may or may not be identified as having explicit language in it. You agree that Medical Data Networks LLC shall have no liability for such content.
You agree that you are fully accountable for the Online Content delivered to you through the Service and for any consequences resulting from your use of or reliance upon such Online Content.
You may not use the Service to transfer Online Content which may reasonably be deemed to be: (1) Infringing or violating intellectual property rights of other parties, including patents, copyrights, trademarks, service marks, and trade secrets; or (2) Identifying minors, their personal details or their address and ways to contact them; or, (3) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws; or, (4) Prohibited by any applicable law, including court restraining orders, to be published, disseminated, or otherwise made available to the public; or, (5) Threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable.
Medical Data Networks LLC, at any time and for any reason, may suspend or terminate this Agreement with or without prior notice. Notwithstanding any remedies that may be available under any applicable law, Medical Data Networks LLC may temporarily or permanently deny, limit, suspend, or terminate your use of the Service if Medical Data Networks LLC believes that: (1) you have abused your rights to use the Service; or (2) you have breached this Agreement; or, (3) you have performed any act or omission that violates any applicable law, rules, or regulations; or, (4) you have performed any act or omission which is harmful or likely to be harmful to T1 Pal, or any other third party, including other users or suppliers of T1 Pal; or, (5) you made use of the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act. Upon termination of the Agreement, you shall cease all use of the Service.
All rights, title, and interest, including copyrights, trademarks, trade names, service marks, trade secrets, and other intellectual property rights, and any goodwill associated therewith, in, and to the Service, including computer code, graphic design, layout, and the user interfaces of the Service. All such rights are owned by, or licensed to Medical Data Networks LLC.
Unless expressly permitted in the Agreement, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human-readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any material that is subject to Medical Data Networks LLC or to third parties’ proprietary rights in the Service, either by yourself or by a third party on your behalf, in any way or by any means, including by electronic, mechanical or optical means.
This provision shall survive termination of this Agreement.
DISCLAIMER OF WARRANTIES
All of the services of Medical Data Networks, LLC are PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED GUARANTEE OR ASSURANCE OF QUALITY, RELIABILITY, SECURITY, OR FUNCTIONALITY.
Medical Data Networks LLC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN ANY INSTANCE INVOLVING PERFORMANCE OR NONPERFORMANCE BY T1 Pal WITH RESPECT TO THE SERVICE.
Medical Data Networks LLC DOES NOT WARRANT OR GUARANTEE THAT:
1) THE USE OF THE SERVICE WILL NOT CAUSE ANY DAMAGES TO YOUR HARDWARE, SOFTWARE, AND EXISTING SERVICES OR TO ANY OTHER SERVICES PROVIDED TO YOUR DEVICES, SOFTWARE, OR APPLICATIONS AND CONTENT THAT RESIDE ON YOUR DEVICES;
2) THE SERVICE WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, OR THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERROR, OR THAT THE SERVICE, INCLUDING THE CONTENT DELIVERED TO YOU OR THE ACCESS INFORMATION YOU PROVIDED, WILL BE IMMUNE FROM UNAUTHORIZED ACCESS; OR
3) THE ONLINE CONTENT YOU RECEIVE TO YOUR DEVICES, SOFTWARE, APPLICATIONS, AND/OR WEBSITE WILL BE FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR THAT ANY CONTENT, INFORMATION, OR DATA RECEIVED ON OR THROUGH THE SERVICE WILL BE FREE OF ANY VIRUSES, WORMS, SPYWARE, OR ANY OTHER DESTRUCTIVE PROPERTIES, OR THAT THE ONLINE CONTENT WILL BE LEGAL, NON INFRINGING OR VIOLATING ANY RIGHTS OR APPLICABLE LAWS OR THAT THE ONLINE CONTENT WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF any and all of Medical Data Networks LLC’s services IS ENTIRELY AT YOUR OWN RISK. This includes your risk to life and limb, and continued health. You specifically release and hold harmless any claim against Medical Data Networks LLC, and/or its officers and/or its employees, for any injury caused directly or indirectly by software and/or services of Medical Data Networks LLC.
THE FOREGOING DISCLAIMER OF WARRANTY SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Limitation of Liability
Medical Data Networks LLC INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY T1 Pal, OR FROM YOUR RELIANCE ON ONLINE CONTENT DELIVERED THROUGH THE SERVICE, OR FROM ANY COMMUNICATION WITH T1 Pal OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE SERVICE, REGARDLESS OF WHETHER Medical Data Networks LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS. THIS PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
You hereby undertake to defend, indemnify and hold Medical Data Networks LLC, its officers, employees, shareholders, affiliates, subsidiaries, and anyone acting on its behalf, harmless, immediately after receiving a written notice from and against any claim, action, or demand asserted by any third party and arising from, or otherwise related to, your use of the Service, your breach of this Agreement, or your infringement of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity in connection with your use of the Service. In such cases, you will promptly notify Medical Data Networks LLC in writing of such a claim and you will reimburse Medical Data Networks LLC for any expenses, including court fees, attorney fees, and the damages (actual and consequential), which T1 Pal might endure. These obligations survive termination of this Agreement.
Compliance with Export Restrictions
You agree not to export or re-export the Service or any part thereof to any country, person, entity, or end-user subject to the U.S.A. export restrictions.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
Reservation of Rights
All rights not expressly granted herein are reserved by Medical Data Networks LLC. This provision shall survive termination of this Agreement.
Interpretation and Governing Law
The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. The word “including” as used herein shall be construed to mean “including but not limited to.” This Agreement shall be subject to and governed by the laws of the State of Delaware, except for its conflict of law rules. This provision shall survive termination of this License.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Any attempt to sublicense, assign or transfer any of your rights, duties, or obligations hereunder is void.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any proposals or prior agreement, oral or written, and any other communications relating to the subject matter of this agreement.
Copyright and Patent Complaints
Medical Data Networks LLC respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored, or transmitted to the Sites in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Medical Data Networks LLC the following written information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or patent interest;
· A description of the copyrighted work or patent that you claim has been infringed upon;
· A specific description of where the material that you claim is infringing is located on the Sites;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.