a Bio Conscious app
The Endobits web platform is an early-release product, which relies on a user’s active Endobits account to provide data and insights. It is possible that if a user inputs erroneous data into the Endobits platform, their Endobits profile may not present valid insights or recommendations. Endobits users are recommended to always use their best judgement when making recommendations using the data presented by Endobits.
Endobits Terms of Service
BY USING THE ENDOBITS PLATFORM (“PLATFORM”) AND/OR USING THE FEATURES OF THE PLATFORM HEREBY SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SOFTWARE.
Bio Conscious Technologies, Inc.”BCT" has created the Endobits platform, web based information tool, which is currently available online at app.endobits.com and is in early stage testing. Endobits enables primary care providers for patients with diabetes (collectively “users”) to view and engage with data from their patients so to enable better treatment decision making, and greater adherence and success for the patients (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 capacity to assist patients with diabetes to monitor their health, 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
You acknowledge and understand that the Endobits platform and the Services are being provided in ‘closed beta’ so features of the Services may be limited and may not reflect the full capabilities that the Endobits platform and the Services will have on launch. The Endobits platform and the Services are made available to you on an “AS IS” and “AS AVAILABLE” basis for a limited period of time for the purpose of providing us with feedback on the quality and usability of the Endobits platform and the Services. Accordingly, the Endobits platform and The Services may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to not rely solely on the Endobits platform to conduct all activities required to carry out your responsibilities for your patients. You assume all risks and all costs associated with your use of the Endobits platform and the services, including, without limitation, any internet access fees, third party data charges, back-up expenses, costs incurred for the use of your device 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. In addition, BCT is not obligated to provide any maintenance, technical or other support for the Services or provide access to the Services under these beta-testing terms for any minimum period of time.
Registering to use the Services
To sign-up and activate the Services, legal adults, must first register to create an account. By signing up to use the Services you confirm that you consent to use this Service. You are responsible for all activity that takes place on your account. Your account is secured by your email address. You agree that it is your responsibility to ensure you email address is secure, and further understand that you are solely responsible and liable for any activities that occur under your account
Those users who join the beta trial of the Services and platform (the “Trial”) by (i) registering to participate; (ii) accessing the Endobits platform; (iii) receiving confirmation of approval to participate in the Trial; and (iv) agreeing to these Terms (together “you”) will have advance access to the Services on the following terms: License to platform and the Services. We grant to you a limited, personal, non-exclusive, non-transferable license to use the Endobits platform and the Services for testing only and not for resale or further distribution. Your right to use the Endobits platform and the Services is limited by all terms and conditions set forth in these Terms.
Third Party Data Charges
You acknowledge and agree that use of the Services may incur data charges from your mobile phone provider. It is your responsibility to pay such fees and to ascertain the level of such fees with your internet service provider.
Restrictions on Use of the Services
Bio Conscious Technologies, Inc. may impose certain limitations on the use of the Services, including, but not limited to restricting the number of accounts you may register, and/or imposing charges for certain features of the Services. You 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, Inc. or any law or regulation. Bio Conscious Technologies, Inc. reserves the right to modify or impose any limitations on the use of the Endobits platform and The 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 and/or terminate the Trial at any time without any liability whatsoever to you. In using the Endobits platform and/or The Services you shall not:
intentionally or unintentionally violate any 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;
license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Endobits platform or the Services; or
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.
You agree to defend, indemnify and hold Bio Conscious Technologies, Inc., 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.
License to Bio Conscious Technologies, Inc.
Except for material we may license to you, Bio Conscious Technologies, Inc. does not claim ownership of the materials and/or content created by you through use of the Endobits platform (“Content”). However, by using the Services you grant Bio Conscious Technologies, Inc. a worldwide, royalty-free, non-exclusive license to collect, use and store such Content solely for the purpose of providing the Services.
TERM AND TERMINATION
Termination by You
You may terminate your account and/or stop using the Services at any time. To ensure the full and complete cessation of the Services, it is your responsibility to close any accounts associated with the Services you use. Should you fail to close the account associated with the Services, and you do not otherwise notify Bio Conscious Technologies Inc. of your intention to cease Services, the Services may not cease immediately.
Termination by Bio Conscious Technologies, Inc
Bio Conscious Technologies, Inc. may at any time, under certain circumstances and without prior notice, immediately terminate the Trial or suspend all or a portion of your 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 request by you to cancel or terminate your 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 you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities; or (h) Bio Conscious Technologies, Inc. decision to end the beta-testing under these Terms and migrate of users to paid subscription services is dependent on the companies financial status. Any such termination or suspension shall be made by Bio Conscious Technologies, Inc. in its sole discretion, and Bio Conscious Technologies, Inc. will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Services.
Effect of Termination
On termination, you will lose all access to the Services and any portions thereof, including, but not limited to, your account unless you have opted to migrate to a paid subscription for the Services.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
The services and the Endobits platform are provided "as is." Bio Conscious Technologies, Inc. specifically disclaims all representations and warranties of any kind relating to the Endobits platform and the 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 data provided by the Endobits platform and the services is for information purposes only and Bio Conscious Technologies, Inc. shall not be liable for any decisions, medical or otherwise, made by you on the basis of the information provided by the platform and/or services.
Any information or material downloaded or otherwise obtained through the use of the services is at your own discretion and risk and any material transmitted, stored, accessed or otherwise maintained through the use of the services is done so at your own discretion and risk, and you will be solely responsible for any damage or loss or corruption of data that results from any such use of the services. You 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 you from Bio Conscious Technologies, Inc. or through or from the services shall create any warranty not expressly stated in these terms. You will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from using the platform and the services. Bio Conscious Technologies, Inc. will not be liable for any type of content exchanged by means of the services and will not be responsible for any data charges you incur in your use of the services.
You will be solely responsible for ensuring your computer is powered, turned on, and has access to the internet. Bio Conscious Technologies, Inc. shall not be liable for any interruptions to the Endobits platform and/or the services, or consequences arising from such interruptions, resulting from your computer’s capability to transmit and receive data.
The Endobits platform and the services rely on third party servers to transmit and process data. Bio Conscious Technologies, Inc. shall not be liable for any error, failure, delay or interruption of service by the third party’s server, and Bio Conscious Technologies, Inc. shall not be liable for any error, failure, delay or interruption to the Endobits platform and/or the 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) your use of or your 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 your 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 you and any persons whom you send or transmit any content to using the service, including without limitation any products or services offered by you to such persons.
Notwithstanding anything to the contrary contained herein, Bio Conscious Technologies, Inc. liability to you 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 you’ve paid Bio Conscious Technologies, Inc. in the prior 12 months (if any). The foregoing limitations shall apply to the fullest extent permitted by the Bio Conscious Technologies Inc. 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 exclusions or limitations set forth below may not apply to you.
Access to Your Account and Content
You acknowledge and agree that Bio Conscious Technologies, Inc. may access, use, preserve and/or disclose your 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, Inc., its users or the public as required or permitted by law.
We welcome your suggestions, comments and feedback on the Endobits platform and the Services (“Feedback”) especially during this Beta-Testing phase as it helps us to improve the product and our services. If you provide us with Feedback you 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 you or any third party and you 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) you are not entitled to receive any compensation or reimbursement of any kind for providing such Feedback.
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, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Endobits platform or the 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.
BCT may provide you 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 Province of British Columbia, Canada. No choice of laws rules of any jurisdiction shall apply to this Agreement. The courts of the Province of British Columbia shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Endobits platform or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you 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. You 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.
Questions and Contact
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Endobits platform or The Services, please contact us.