1.1 These Conditions govern the rights and obligations of the User (the User) when using the mobile application of MyDiabetic (the Application) developed and owned by Daniel Novak and Veronika Cernohorska, Drtinova 6, Praha 5, Czech Republic.
1.2 These Conditions are accessible to the User in text form within the Application and on the Provider’s website http://my-diabetic.cz/terms_and_conditions.html
2.1 The Application helps, as a supplementary tool, the User to educate him/her about diabetes mellitus compensation
2.2 In particular, the Application aims to provide the User with:
(a) a tool for education about diabetes mellitus I
(b) a tool to learn the relation between food, insulin and physical activity ;
(c) a tool to visualize how to perform blood glucose measurements
(d) a tool to demonstrate the application of insulin
(e) a tool to teach counting carb units of food
(f) a tool to show signs of hypo / hyperglycemia
2.3. The Application does not, above all, aim to:
- to providing medical advice.
- to make medical or lifestyle decisions on your behalf.
For further important information about the terms and conditions of use of the Application, see particularly Article 9 of the Conditions.
3.1 Any natural person who has reached the age of 4 may become the User.
3.2 The User is usually registered in the Application as follows:
(a) the Application is exclusively available for compatible devices with the operating systems of iOS and Android. It can be downloaded through electronic shops of the mobile applications of App store and Google Play, operated by third parties;
(b) a necessary condition of registration is reading and acceptance of the Conditions;
(c) the registration is complete by confirmation given by the Provider within the first logging in to the Application. By completing the registration, the User and the Provider enter into a contractual relationship under these Conditions.
3.3 The Provider provides the User with the Application in the condition of the day when the registration is complete. The Provider is entitled to change and modify the functions, settings, the user interface, or any other parameters of the Application at any time without prior notification of the User, to which the User gives their express consent
4.1 The Provider may charge a fee for using the Application subject to the conditions specified in the Application or on the Provider’s website https://www.mydiabetic.cz/. The payments for using the Application (i.e. particularly for making the Application contents, an Application service, or its part accessible) are usually made in advance for a given period (if determined) through the payment gateway in compliance with the instructions of the Provider or a third party making such a payment possible.
4.2 The amount charged for using the Application (i.e. particularly for making the Application contents, a service of the Application, or its part accessible) is specified in the Application or in another suitable way.
4.3 The User undertakes to pay the agreed sum for using the Application properly and timely.
4.4 The Provider points out that, in relation to the payment for using the Application, third parties operating the payment systems may charge relevant fees, particularly in relation to currency conversion, banking transaction fees, fees for using a payment card, fees for using the payment system, etc. The User is obliged to get acquainted with the fees that might be charged by third parties.
4.5 The User takes account of the fact that the fees for using the Application particularly do not include, in any case, any fees charged by third parties in relation to using the Application, the price of telephone or internet connection, any fees charged for using the User’s device, any administration fees or taxes, and each User is aware of the fact that the fee for using the Application may be increased by the above fees.
5.1 In the event, for any reason on the Provider side: (i) it is impossible to use the Application or its part the User has paid for as a result of inaccessibility or error of the Application; (ii) there is an incorrect deduction of the payment for using the Application; (iii) there is another breach of the Provider’s obligations under these Conditions; the User is entitled to complain to the Provider about these failures. The User is entitled to complain to the Provider about the above failures without undue delay, but not later than within fourteen (14) days of the day when the User
identified or could have identified them. The User is entitled to make a complaint by sending an email to firstname.lastname@example.org.
5.2 The Provider undertakes to settle a complaint made by the User under Article 5.1 within thirty (30) days of the moment the User’s complaint is delivered to the Provider and to rectify the failures without undue delay in accordance with their possibilities provided the complaint is legitimate. The User shall provide the Provider, for this reason, with any necessary cooperation. Should the complaint be made later, the User’s right to settlement of such a complaint expires.
5.3 If a complaint is legitimate, the User is entitled to a refund of the fee paid for using the Application, and also to potential demonstrable damages the User incurred. The dispositive provisions of Act No. 89/2012 Coll., the Civil Code, as amended (the Civil Code), governing rights and responsibilities for defects do not apply to the relationship between the User and the Provider providing it is a case of a User who is not a consumer, as they are fully replaced by the provision of these Conditions. As for Users who are consumers at the same time, the provisions of the Civil Code prevail over the provisions of these Conditions.
5.4 The Provider shall make the final decision on the complaint. He complaint shall be settled based on the Application records, unless the User submits different reliable records of the operative events. Should the records of the Application and the records submitted by the User be in contradiction, the records of the Application prevail, unless decided otherwise by the Provider.
6.1 The Provider is obliged to take any steps, within their technical possibilities, to ensure the functionality and accessibility of the Application. Nevertheless, the Provider is not responsible for accessibility of the Application.
6.2 If the User faces a problem relating to the Application or its accessibility, they are obliged to notify the Provider of such an event in an appropriate manner and without undue delay.
7.1 The Provider is entitled to limit or interrupt the User’s access to the Application (or the user account) in the event of, also if only alleged, breach of the Conditions, the legal regulations, or if it is necessary for implementation of any measures or decisions issued by the public authorities, but always only for the period for which it is absolutely necessary.
7.2 The Provider reserves the right to stop providing or supporting the Application at any time.
7.3 The Provider is entitled to interrupt or limit provision of all or some of the services and functions of the Application at any time for the reason of maintenance, repairs, or modifications (including updates and upgrades) of the Application. The Application thus does not have to be accessible at any moment. The functionality of the Application may be subject to change within its maintenance, repairs, or modifications.
8.1 Within the use of the Application by the User, the Provider is not responsible for any services provided by third parties, such as the quality of internet connection, the quality of telecommunication services provided by the respective operator, the amount of fees, etc.
8.2 The Provider is not responsible for the impossible or limited use of the Application resulting from its inaccessibility due to any failures of a data transfer network, as well as due to any other circumstances of the technical nature the Provider cannot affect, or whose resolution requires cooperation of third parties.
8.3 The Provider shall not bear any responsibility for unauthorized usage of the Application (or the user account). The Provider is responsible for any potential unauthorized intervention of third parties due to which these parties get, without authorization, access particularly to user accounts, to the users’ personal data, or to the respective user database, or to any other data, and they use, misuse, abuse, or make these data accessible to third parties without authorization, but only providing the Provider has breached any of the obligations under these Conditions. Otherwise, the Provider shall not bear any responsibility and shall not be obliged to compensate for damages; however, this does not affect the applicable provisions of the Civil Code concerning the ban on exclusion or limitation of the Provider’s responsibility for damages.
8.4 The Provider shall not bear any responsibility for any potential loss of, damage to, or misuse of the contents entered into the Application by the User for any reason whatsoever (particularly for the reason of force majeure, acts of a third party, failure of the data transfer or connectivity).
8.5 It is the User who exclusively bears any consequences resulting, be it directly or indirectly, particularly from departure from the information specified in the Application, or any breach of the User’s obligations, i.e. the obligations under these Conditions,
or any obligations stipulated by the generally binding legal regulations.
9.1 The User shall use the Application solely in compliance with these Conditions.
9.2 The User takes into account that the Application serves for education purposes. The instructions specified in the Application are not of the character of professional medical advice (or declaration of a similar character), and they cannot replace a treatment procedure determined particularly by the User’s attending physician. Therefore, the User is always obliged to:
(a) consider the instructions specified in the Application and follow the instruction of their attending physician;
(b) in the event of occurrence of any health complications, inform their attending physician about such facts immediately;
(c) specify only truthful and accurate information in the Application; and
(d) use the information specified in the Application solely for the purposes of their education.
10.1 The Provider grants the User a licence to use the Application and the relating databases to be used by the User within the usage of the Application. The licence is being granted free of charge, as non-exclusive, for a limited period of time, i.e. for the period of a contractual relationship under these Conditions, and without any limitation with regard to the place. The licence is being granted for the purpose of using the Application and the databases in the way and for the purpose under these Conditions and in compliance with the purpose and determination of the Application, and the User undertakes to observe it.
10.2 The User undertakes not to circumvent or undermine any technological security measures in the Application, or to decompose or decompile the Application as a computer program, or to do a retrospective analysis. The User shall not use the Application in any unauthorized manner. Any interventions into the technical or material contents of the Application are forbidden.
11.1 The processing of the User’s personal data is governed by the Personal Data Processing Principles, which are an integral part of these Conditions, and to which the User agrees by installation of the Application. These Principles are available within the Application and on the following Provider’s website: http://my-diabetic.cz/en/privacy_policy.htm
12.1 The contractual relationship under these Conditions is being created for an indefinite period of time.
12.2 The Provider is entitled to withdraw from the contractual relationship under these Conditions with immediate effect upon delivery of a notice of cancellation to the User without any prior call or notification, particularly if:
(a) the person applying for registration does not meet the conditions for completion of the registration;
(b) the User provides incorrect, untruthful, or ambiguous information within their registration;
(c) the User breaches any obligation stipulated in these Conditions or any other obligation stipulated by the generally binding legal regulations;
(d) the User does not log in to their user account for more than six (6) consecutive months;
(e) the Application is cancelled without any replacement, or its operation is substantially limited; and
(f) the Provider loses the licence to operate the Application, or the exercise of this licence is interrupted.
12.3 The User is entitled to withdraw from the contractual relationship under these Conditions: (i) with immediate effect by request for cancellation of their user account; or (ii) with effect from the day of expiration of the period for which the paid services of the Application have been agreed under Article 4 if agreed.
12.4 In the event of cancellation of the Contract, the Provider shall delete the entire content uploaded to the Application by the User, as well as any other data of the user account, unless stipulated otherwise in the Personal Data Processing Principles.
13.1 Consumer pre-agreement information is as follows:
(a) the Provider’s identity is specified in the heading of these Conditions;
(b) the Provider makes it possible for the User to use the Application functions, and the Provider may charge a fee for this usage under the conditions specified herein, in the Application, and on the Provider’s website;
(c) the Provider is not able to specify any fees that might be charged by third parties;
(d) the User’s complaints and claims are settled by the Provider through the electronic address email@example.com. Information about settlement of a complaint made by the User is sent by the Provider to the User’s electronic address. A complaint, including elimination of the
failure, shall be settled without undue delay, within thirty (30) days of the day the complaint was filed, unless the User and the Provider agree on a longer period;
(e) the period of the commitment and the conditions of termination are specified in Article 12 of the Conditions;
(f) information about the functionality of the digital content is specified in Articles 3; and
(g) information about compatibility of the digital content with hardware and software is as follows: any User’s device shall comply with the technical parameters specified in the respective section of the e-shops of the mobile applications App store and Google Play.
13.2 Information about making a Contract using distance communication means is as follows:
(a) the costs of distance communication means are charged in accordance with the local rates by the operators with whom the User has entered into a contract on internet connection;
(b) the Contract is being taken out for an indefinite period of time with the possibility of cancellation under the conditions stipulated in Article 12 of the Conditions;
(c) the Provider shall not charge any additional taxes, fees, or costs for using the Application. However, such taxes, fees, and costs might be charged by third parties, as specified in these Conditions;
(d) the User shall not bear any additional costs towards the Provider in relation to the above mentioned termination of the contractual relationship;
(e) the User shall always pay a fee for using the Application; and
(f) the User has the right, under Act No. 634/1992 Coll., on consumer protection, as amended, to extra-judicial settlement of a consumer dispute under the contractual relationship under these Conditions. The entity entitled to extra-judicial settlement of disputes is Česká obchodní inspekce (the Czech Trade Inspection Authority). For more information, see www.coi.cz. Any extra-judicial settlement of a consumer dispute shall be commenced solely upon request of the User, and only on condition that it was not possible to settle the dispute directly with the Provider. A motion can be filed within one (1) year of the day when the User exercised their right that is the subject matter of the dispute with the Provider for the first time. The User is also entitled to commence extra-judicial dispute settlement online through the ODR platform available on the website https://ec.europa.eu/consumers/odr. Extra-judicial dispute settlement proceedings are not the same as mediation or arbitration, and use of such proceedings does not affect the right of the parties to take their claims to the Czech Trade Inspection Authority or to court. Within the period of extra-judicial dispute settlement proceedings, periods of limitation and time bars under the Civil Code are not running or do not begin to run until one of the dispute parties expressly refuses to continue the proceedings. The European Consumer Centre, the Czech Republic, with its Registered Address at Štěpánská 567/15, 120 00 Praha 2, website: https://www.evropskyspotrebitel.cz is the contact place under the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
13.3 Information about a Contract taken out using electronic means is as follows:
(a) the contractual relationship between the User and the Provider is based on these Conditions accepted by the User. The records regarding the registration and creation of the contractual relationship shall be saved by the Provider in the electronic form, and the User has no access
to these records;
(b) the contractual relationship is created through the procedure described in Article 3 of the Conditions; and
(c) the Provider is not bound by any codes of conduct, regardless of whether they are voluntary or obligatory.
13.4 The User gives their express consent to being provided with access to the Application, or access to the paid services provided within the Application, before expiration of the statutory period of fourteen (14) days for a withdrawal. The User takes account of the fact that by obtaining such access before expiration of the fourteen-day (14-day) withdrawal period, they forfeit the right to withdraw from the contract in compliance with § 1829 of the Civil Code within fourteen (14) days of entering into the contractual relationship. The User may cancel the contractual relationship with the Provider at any time under the conditions stipulated in Article 12 of the Conditions.
13.5 The User hereby expressly confirms that they have read and that they understand all the information specified in this Article of the Conditions before entering into the contractual relationship.
14.1 The contractual relationship established between the Provider and the User is governed by the Czech law, particularly by the Civil Code. In the event of a mutual dispute, the Conditions prevail over the supplementary provisions of the Civil Code.
14.2 The Parties undertake to settle any disputes that may arise between them in relation to performance or interpretation of the contractual relationship by negotiation and mutual agreement. If a dispute in question cannot be resolved by mutual agreement of the Parties, such a dispute shall be submitted by one of the Parties to the court of the Czech Republic having territorial and substantive jurisdiction. The Parties have agreed on the territorial jurisdiction of the Provider’s ordinary court.
15.1 Any potential ineffectiveness or invalidity of any of the provisions of these Conditions shall not result in the ineffectiveness or invalidity of these Conditions as a whole. The Provider undertakes to replace such a provision by a valid provision, which shall be as close to this provision as possible in terms of its substance and economic result.
15.2 The Provider reserves the right to inform the User about updates, shutdowns of the Application, or updates of the Conditions through the Application.
15.3 The Provider is entitled to amend these Conditions unilaterally to a reasonable extent. The Provider shall notify the User of such amendment in a suitable way, i.e. particularly through the Application or by email with a link to the current wording of the Conditions. A reasonable extent to which the Provider is entitled to propose a change in the Conditions means particularly the way of using the Application, the conditions of operating the Application, the way and scope of using the Application, etc. The User is entitled to reject such a change within fourteen (14) days of the receipt of a proposal for a change in the Conditions. In the event the User does not agree with the wording of the updated Conditions, they are obliged to apply for cancellation
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