Endobits Terms of Service
A global innovation leader at the intersection of healthcare technology and applied Artificial Intelligence (AI), Bio Conscious Technologies creates solutions that improve patient health, enhance provider efficiency, and reduce healthcare expenditures. Through our Endobits platform, the company improves overall diabetes prevention and treatment worldwide. People living with diabetes can also download our companion application which offers personalized alerts, risk forecasts, and educational resources to support them.
It is possible that if erroneous data is inputted into the Endobits platform, the Endobits profile may not present valid insights or recommendations. Endobits users should always use their best professional judgment when making recommendations using the data presented by Endobits.
Endobits Terms of Service
Endobits enables healthcare providers (collectively “users”) to view data from their patients and analysis that supports better clinical decision making (the “Services”). These Terms apply to anyone using the Endobits platform, and will govern the use of the Services.
To use and/or register for the Service you must be a legal adult who is professionally employed in a healthcare capacity and must consent to the terms associated with the use of the Service. You must not be a person barred from receiving the Service under the laws of the country in which you reside or from where you use the Service. By accepting these Terms you represent that you understand and agree to the foregoing.
SERVICES AND TERMS
Although rigorously tested, the Endobits Platform and Services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from users’ devices and from connected peripherals (including, without limitation, servers and computers). Users assume all risks and all costs associated with their use of the Endobits Platform and Services, including, without limitation, any internet access fees, third party data charges, back-up expenses, costs incurred for the use of devices and peripherals, any damage to any equipment, software, information or data, and any health-related incidents that may arise as a result of any failure, error or interruption of the Endobits Platform. Bio Conscious Technologies will provide that maintenance, technical or other support for the Platform and Services as specified in an agreed upon Services Agreement.
Registering to use the Services
Upon the completion of a Services Agreement, users must register to create an account to activate the Services. By signing up to use the Services, users confirm they consent to use the Service. Users are responsible and liable for all activity that takes place on their account.
Restrictions to use the Services
Bio Conscious Technologies. may impose certain limitations on the use of the Services, including, but not limited to restricting the number of user accounts and/or imposing charges for certain features of the Services. Users agree to use the Endobits platform and the Services only for purposes as permitted by these Terms and not to use the Services for any purpose prohibited by Bio Conscious Technologies or any law or regulation. Bio Conscious Technologies reserves the right to modify or impose any limitations on the use of the Endobits Platform and Services at any time, with or without notice to you. We also reserve the right at all times (but will have no obligation) to terminate users at any time without any liability whatsoever to you. In using the Endobits Platform and/or Services, the user shall not:
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intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone else;
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license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Endobits Platform or Services; or
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modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Endobits Platform or any software provided by us.
Indemnification
Users agree to defend, indemnify and hold Bio Conscious Technologies,, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Services; (b) your use of the Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; or (e) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
DATA TERMS
Personal Information.
Users should carefully review our privacy policy at www.bioconscious.tech/privacy as it sets out how we collect, store and use information about our users. If users do not agree with any of our privacy practices, they must not use the Endobits Platform or Services.
License to Bio Conscious Technologies, Inc.
By using the Services, users grant Bio Conscious Technologies. a worldwide, royalty-free, non-exclusive license to collect, use and store data solely for the purpose of providing the Services.
Termination by Bio Conscious Technologies, Inc
Bio Conscious Technologies may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of a user’s account and/or access to the Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Services or Website; (b) a user’s request to cancel or terminate their account; (c) discontinuance or material modification to the Services or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Endobits Platform or the Services to a user is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) user participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Bio Conscious Technologies. in its sole discretion, and Bio Conscious Technologies. will not be responsible to users or any third party for any damages that may result or arise out of such termination or suspension of users’ account and/or access to the Services.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
Bio Conscious Technologies specifically disclaims all representations and warranties of any kind relating to the Endobits Platform and Services, including but not limited to any implied warranties or conditions of merchantability or merchantable quality, satisfactory quality or fitness for a particular purpose.
Any information or material downloaded or otherwise obtained through the use of the Services is at users’ discretion and risk. Any material transmitted, stored, accessed or otherwise maintained through the use of the services is done so at users’ discretion and risk, and users will be solely responsible for any damage or loss or corruption of data that results from any such use of the Services. Users further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, or personal injury. No advice or information, whether oral or written, obtained by users from Bio Conscious Technologies. or through or from the Services shall create any warranty not expressly stated in these terms. Users will be solely responsible for any damage to their computer system, loss of data, or any other loss that results from using the Platform and the Services. Bio Conscious Technologies. will not be liable for any type of content exchanged by means of the Services and will not be responsible for any data charges users incur in their use of the Services.
The Endobits Platform and Services rely on third party servers to transmit and process data. Bio Conscious Technologies. shall not be liable for any error, failure, delay or interruption of service by the third party’s server, and Bio Conscious Technologies. shall not be liable for any error, failure, delay or interruption to the Endobits Platform and/or Services, or any other consequences arising as a result of any such problems with the third party server.
Under no circumstances shall Bio Conscious Technologies, Inc. be liable for any damages whatsoever, including, without limitation, any damages that result from (i) use of or inability to use the Endobits platform or the services, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies, (iv) personal injury or property damage of any kind whatsoever arising from or relating to use of the Services, any bugs, viruses or other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the Endobits platform, or (v) any dealings between the user and any persons whom the user sends or transmits any content to using the Service, including without limitation any products or services offered by the user to such persons.
Notwithstanding anything to the contrary contained herein, Bio Conscious Technologies’. liability to users for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty U.S. dollars ($50) or (b) amounts users paid Bio Conscious Technologies. in the prior 12 months (if any). The foregoing limitations shall apply to the fullest extent permitted by the Bio Conscious Technologies applicable law.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, as such, to the extent such exclusions or limitations are specifically prohibited by law, some of the specified exclusions or limitations may not apply to all users.
GENERAL TERMS
Access to Your Account and Content
Users acknowledge and agree that Bio Conscious Technologies. may access, use, preserve and/or disclose a users’ account information and content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Bio Conscious Technologies,, its users or the public as required or permitted by law.
Export Control
Use of the Services and the Endobits platform may be subject to the export and import laws of Canada, the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Endobits platform may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Endobits platform or the Services, users represent and warrant that they are not located in any such country or on any such list. Users also agree that they will not use the Endobits Platform and/or Services for any purposes prohibited by United States or Canadian law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Notices
BCT may provide users with notices regarding the Services, including changes to these Terms, by email or by postings on the Website and/or the Services.
Governing Law & Disputes
This Agreement shall be governed by the laws of the state of Delaware. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the state of Delaware shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Endobits Platform or the Services and users consent to the jurisdiction of such courts for any such action or proceeding. Users waive all rights that they may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The BCT Application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. Users agree that any claim or cause of action arising out of or related to these Terms or the use of the Services must be filed within one (1) year after the cause of action arose or be forever barred.
Entire Agreement
These Terms (together with the Bio Conscious Technologies Privacy Policy available at www.bioconscious.tech/privacy) constitute the entire agreement governing the use of the Endobits Platform and Services. We reserve the right to modify or change the Endobits platform and the Services at any time without notice or liability. These Terms shall not be modified except by a new posting of these Terms by Bio Conscious Technologies. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Bio Conscious Technologies’ failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Users may not assign any part of these Terms or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. Bio Conscious Technologies may assign these Terms for any reason without notice to users.
Feedback
We welcome users’ suggestions, comments and feedback on the Endobits Platform and Services (“Feedback”). If users provide Feedback, they agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to users or any third party and users have all of the necessary rights to disclose the Feedback to us; (c) Bio Conscious Technologies Inc. (including all of its successors and assignees) may freely use Feedback without any restrictions; and (d) users are not entitled to receive any compensation or reimbursement of any kind for providing such Feedback.
Questions and Contact
If users have any questions about these Terms or wish to receive any additional information, provide feedback or raise any concerns in relation to the Endobits Platform or Services, please contact us.