Smart Bolus Calculator LLC End User License Agreement
END USER LICENSE AGREEMENT
Last updated December 10, 2024
Smart Bolus Calculator LLC is licensed to You (End-User) by Smart Bolus Calculator LLC, located and registered at 9490 Nw 41st ST, Apt 637, Doral, Florida 33178, United States ("Licensor"), for use only under the terms of this License Agreement. Our VAT number is Not applicable .
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Smart Bolus Calculator LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Smart Bolus Calculator LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Smart Bolus Calculator LLC when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Smart Bolus Calculator LLC is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
TABLE OF CONTENTS
6. USER-GENERATED CONTRIBUTIONS
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
1. THE APPLICATION
Smart Bolus Calculator LLC ("Licensed Application") is a piece of software created to Smart Bolus Calculator LLC is an application designed to simplify the calculation of insulin doses for people with diabetes. It operates by inputting personalized information, such as Insulin-to-Carbohydrate Ratio, Correction Factor, Correction Above Limit, Insulin Action Duration (IOB), Reverse Correction Bolus, Target Glucose, and Minimum Glucose for Calculations. With this data, the application automatically calculates the insulin doses needed to effectively manage blood glucose levels. Additionally, Smart Bolus Calculator LLC offers the ability to save personal settings, maintain a detailed history to improve glycemic control. — and customized for iOS and Android mobile devices ("Devices"). It is used to The service provided entails the provision of a mobile application called Smart Bolus Calculator LLC, designed to assist users in calculating the insulin doses necessary to effectively manage their diabetes. The application allows users to input personalized information, such as Insulin-to-Carbohydrate Ratio, Correction Factor, Correction Above Limit, Insulin Action Duration (IOB), Reverse Correction Bolus, Target Glucose, and Minimum Glucose for Calculations, to accurately calculate insulin doses. Additionally, the application offers features to save personal settings, maintain a detailed history, and facilitate decision-making related to diabetes treatment. The primary goal of the service is to improve glycemic control and promote a better quality of life for people living with diabetes..
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Smart Bolus Calculator LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Smart Bolus Calculator LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 Smart Bolus Calculator LLC and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy, which can be accessed by Clicking on the configuration icon.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. LIABILITY
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Smart Bolus Calculator LLC's sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify Smart Bolus Calculator LLC about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Smart Bolus Calculator LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Smart Bolus Calculator LLC and the End-User acknowledge that Smart Bolus Calculator LLC, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Smart Bolus Calculator LLC
9490 Nw 41st ST, Apt 637
Doral, FL 33178
United States
Contact@smartboluscalculatorllc.com
13. TERMINATION
The license is valid until terminated by Smart Bolus Calculator LLC or by You. Your rights under this license will terminate automatically and without notice from Smart Bolus Calculator LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Smart Bolus Calculator LLC represents and warrants that Smart Bolus Calculator LLC will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Smart Bolus Calculator LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Smart Bolus Calculator LLC, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Florida excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
17.3 Thank you for using Smart Bolus Calculator. This document sets forth the terms and conditions under which Smart Bolus Calculator provides access to and use of its mobile application. By using the application, the user agrees to comply with these terms and conditions, as well as with the privacy policies set forth below. Users are advised to carefully read this contract before accessing or using the application. By accessing or using the application, the user agrees to all the terms and conditions set forth herein. 1. Description of the Service The service provided by Smart Bolus Calculator LLC consists of providing a application called Smart Bolus Calculator, designed to help users calculate the insulin doses necessary to manage their diabetes effectively. The application allows users to input personalized information, such as insulin-carbohydrate ratio, correction factor, correction above the limit, duration of insulin action (IOB), reverse correction bolus, target glucose, and minimum glucose for calculations, to accurately calculate insulin doses. Additionally, the application offers functionalities for saving personal settings, keeping a detailed history, and facilitating decision-making related to diabetes treatment. The main goal of the service is to improve glycemic control and promote a better quality of life for people living with diabetes. 2. Usage Recommendations This application is intended solely for informational purposes. This application was not developed by medical professionals and is not a substitute for medical advice. Do not use this application unless you have a thorough understanding of all aspects of properly self-administering insulin, including how your body reacts to insulin. Keep in mind that a variety of factors beyond carbohydrate intake can affect how you respond to insulin, including your stress levels, recent exercise, hormone levels, and other medications you are taking. Always consult your endocrinologist or other healthcare professional before making any medical or treatment decisions, or if you have any specific questions about managing your diabetes or any other medical matter. When using this application, always make sure to take your own experiences and common sense into account. Never take an insulin dose you feel may be too high, and continuously check your insulin levels for at least 2 hours after taking a dose or if you begin experiencing any symptoms of hypoglycemia or hyperglycemia. Upon pressing 'accept bolus' in Smart Bolus Calculator, the user assumes responsibility for manually administering the corresponding insulin dose to ensure the accuracy of the 'insulin on board' function provided by the application. It is crucial to note that administering the bolus with a margin of 1-2-5 or 10-15-20 minutes (it can be more or less time) before or after accepting administration in the application can compromise the accuracy of the 'insulin on board'. Therefore, we strongly advise users to administer the insulin dose immediately upon pressing 'accept bolus' and to utilize Smart Bolus Calculator correctly. We disclaim responsibility for any misuse of the application resulting from failure to follow this recommendation, which could lead to severe hypoglycemia, hyperglycemia, and incorrect utilization of the 'insulin on board' function presented by Smart Bolus Calculator to the user. Moreover, users are accountable for accurately inputting their personal settings within the application. We highly recommend consulting with your healthcare professional, as various factors such as stress, sleep patterns, physical activity, pregnancy, menstrual cycle, hormonal fluctuations, and other variables may impact blood glucose levels, necessitating frequent adjustments to personal settings. Smart Bolus Calculator assumes no liability for hypoglycemia or hyperglycemia resulting from changes in personal settings influenced by these variable factors. If the user enters their current glucose level along with the amount of carbohydrates to consume in Smart Bolus Calculator's calculator and disagrees with the suggested dose, they can manually adjust it. This adjustment will also be saved in the history to reflect the final administered dose. In instances of disagreement with the suggested dosage, we recommend reviewing personal settings accessed through the bolus configuration page within the application and seeking guidance from a healthcare professional for any necessary corrections or additional advice. 3. User Information The user acknowledges and agrees that Smart Bolus Calculator may retain copies of the information provided by the user and disclose such information to third parties in the following cases: A. Protecting the integrity of the mobile application: Smart Bolus Calculator is committed to protecting the integrity of the mobile application by implementing appropriate security measures, including continuous monitoring of suspicious activities, encryption of sensitive data, and regular updating of security systems to prevent any vulnerabilities. B. Protecting Smart Bolus Calculator's rights: Recognizing the importance of safeguarding intellectual property and contractual rights, Smart Bolus Calculator reserves all rights to the application, including copyrights, trademarks, and other intellectual property rights. Any unauthorized use of the application or its content will constitute a violation of these rights and will be pursued as permitted by law. C. Compliance with legal procedures: Smart Bolus Calculator is committed to complying with all applicable legal and regulatory requirements, including data protection and privacy requirements established by current laws. This includes compliance with valid legal requests and cooperation with competent authorities in legal investigations. D. Enforcing Smart Bolus Calculator's rights and actions under this contract: In case of breach of the terms and conditions set forth in this contract, Smart Bolus Calculator reserves the right to take appropriate measures to enforce its rights and actions. This may include the suspension or termination of access to the application and the pursuit of legal action as permitted by law. E. Using information for future research, as deemed necessary by Smart Bolus Calculator: Smart Bolus Calculator may use the information collected from users to conduct future research aimed at improving the application and its services. This research will be conducted ethically and in accordance with applicable data protection laws, to ensure the privacy and security of user information. 4. License By using Smart Bolus Calculator, users grant the application a license and right to access and use the information provided for the purpose of calculating insulin doses. However, the user may not: A. Use, copy, modify, delete, publish, sell, or resell the application's content. B. Use the Content on other websites or in any media without prior written authorization from Smart Bolus Calculator. C. All material displayed or offered in the application, including graphic material and software, is the exclusive property of Smart Bolus Calculator and is protected by applicable intellectual property laws, including copyright and trademark laws. These laws protect the rights of the application owners, and any unauthorized use of the content, including reproduction, distribution, or modification, may be subject to legal action under these laws. 5. Acceptance By accessing, viewing, or using the application, you agree to comply with the terms and conditions set forth herein, as well as with the application's privacy and usage policies. If you do not agree to these terms and conditions, please refrain from using the application. 6. Responsibility Smart Bolus Calculator is not responsible for the misuse of the application by users. The company assumes no responsibility for damages, losses, or harm resulting from the use of the application. Likewise, the company is not responsible for the accuracy, completeness, or correctness of the information provided by users. It is recommended that any decision related to medical treatment be consulted with a qualified healthcare professional. 7. Age Range Classification Smart Bolus Calculator application is intended solely for use by individuals over the age of 18. It is not authorized or intended for use by individuals under that age. Smart Bolus Calculator disclaims any liability for damages that may result from use by individuals under the age of 18.