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Welcome to Human Engineering.
By using and accessing any HE Product, HE Service or Software App or by clicking "accept" to this Agreement, you are agreeing to this Agreement.
All of the following terms are a single legal agreement between you and Human Engineering. If a word or phrase is framed in this Agreement by "Quotation Marks" and marked in bold text, it means that the word or phrase may be used again, and it will have the same meaning as set forth in the sentence containing the word or phrase in quotation marks and bold text.
You understand that Human Engineering is not a healthcare professional and does not provide medical, health or other professional services or advice, nor do we verify the accuracy of User Data (as such term is defined in Section 4.2 below). HE Services and Software Apps are not replacements for proper medical care, and you agree that the User, as applicable, is solely responsible for obtaining proper treatment for his or her conditions.
In addition to the terms set forth in this Agreement, any other terms and conditions that we post or make available through any HE Service, or otherwise make available to you, apply to your use of HE Services, Software Apps and HE Products and are incorporated into and made a part of this Agreement. These additional terms include (but are not limited to) the following:
If you have purchased a HE Product and have questions concerning your HE Product, please contact Human Engineering by email (firstname.lastname@example.org).
Subject to applicable law, HE can change the terms of this Agreement by notifying you of such changes by any reasonable means, including by posting a notice of new terms to our Website. Your clicking "accept" to the new terms or your continued use of any HE Product, HE Service or Software App after any such change is acceptance of the new terms. Any such changes will not apply to any dispute between you and us arising prior to the date on which we notified you of the revised Agreement incorporating such changes. If you do not agree with the new terms, you have the right to discontinue your use of the HE Services and Software Apps as described in Section 5.2 below.
HE Services and Software Apps, and the business, development and activities of Human Engineering, are subject to change as determined from time to time by Human Engineering in its discretion by notifying you of such changes by any reasonable means, including our posting of a notice on our Website or otherwise providing you with notice through the applicable HE Service or Software App. Subject to applicable law, your continued use of the applicable HE Service or Software App after any such change is acceptance of the change. We reserve the right to introduce new features or functionality for which the payment of fees may be required. If you do not agree with the changes, as described in Section 5.2 below, you have the right to discontinue your use of the HE Services, HE Products and Software Apps.
Our Website is accessible through the internet by any smart phone or other smart device (we refer to each as a "Smart Device") or computer, in each case with a compatible browser. You are responsible for each computer or Smart Device you use to access our Website, including providing and maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software.
We may provide Human Engineering Apps for your use on your computer or Smart Devices in connection with your use of HE Products. Software Apps may provide stand-alone functionality, may be used in connection with our Data Services, or both.
Our Data Services are intended to allow a User, as applicable, to use the data generated by, or created in connection with the use of, their HE Product ("User Data") for which the Data Service is compatible ("User Device") to help the User, as applicable, stabilize their blood sugar. Use of our Data Services requires an internet-enabled Smart Device or computer. Some Data Services receive User Data from a Software App that is downloaded to your Smart Device or computer. Users are entitled to provide, or direct the Data Service to provide, such data and reports to others as they determine at their own responsibility.
Each Data Service or Software App may require the creation of a HE user account on our Website ("User Account"). If so, you are required to accurately complete and maintain the User Account and to provide us with all required information.
Our Software Apps run on specific versions of third party operating systems and browser software for your computer or Smart Device ("Platform Software"). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Software App. If you update Platform Software prior to our making available an appropriate update to a Software App, you may no longer be able to use the Software App you have been using, or the Software App may not properly function. We may determine not to provide a compatible update to the Software App, and therefore before you update Platform Software, you should first check the applicable location where you originally downloaded the Software App to determine if an update to the Software App or Data Service is needed.
Upon your acceptance of this Agreement, and so long as you comply with the terms of this Agreement, until either party terminates this Agreement, HE grants you the personal, limited and nonexclusive right to use (a) our Website for your personal noncommercial use, (b) Data Services as they are intended to be used as described at the relevant page of our Website or in materials provided through the Data Services, and (c) Software Apps as they are intended to be used as described at the relevant page of our Website, in the Software App or in materials provided by us with or for the Software App, all in accordance with the terms of this Agreement. Human Engineering and the third parties from which we license certain technology ("licensors") own all right, title and interest to the HE Services and the Software Apps; the information, artwork and other content available through or at HE Services and Software Apps; the processes, methodologies, documents and other materials we use to provide the HE Services and Software Apps or that we provide to you in connection with your use of HE Products, HE Services, or Software Apps; and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to HE Products, HE Services, and Software Apps ("Intellectual Property Rights"). HE Products, HE Services and Software Apps are subject to the notices of Intellectual Property Rights provided by Human Engineering on our Website, and you must abide by the requirements in all of such notices. All Intellectual Property Rights are reserved by Human Engineering and its licensors, and no Intellectual Property Rights are granted to you except as set forth in this Section 4.7. Trademarks, servicemarks, trade dress, logos, names and other symbols identifying Human Engineering , HE Services, HE Products, and Software Apps, and the goodwill relating thereto, are owned by Human Engineering and its licensors. You may not remove or alter any notice provided by Human Engineering on or in connection with HE Products, HE Services or Software Apps.
HE Products, HE Services and Software Apps may include software, data or other items licensed to us by third parties. Your use of such third party items is subject to the provisions of this Agreement, except as required otherwise by the applicable licensor. You must comply with the additional license provisions required by vendors of such third party items posted by us at our Website or which we otherwise provide or make available to you, as they are amended by us from time to time. The version of such license provisions that is applicable to your use is incorporated into and made a part of this Agreement.
By agreeing to this Agreement, you are representing that you are eighteen (18) years old or older and have the legal capacity to enter into this Agreement.
Human Engineering does not endorse, recommend or validate any third party software or equipment for use with HE Products, HE Services or Software Apps. Any use by you of any such third party software or equipment is at your sole risk. We have no responsibility or liability arising from your use of such third party software or equipment, such as damage to your HE Products or problems, inaccuracies or malfunctions in HE Products, HE Services or Software Apps arising from such use.
You will not, and you will not permit anyone under your control to, do or attempt to do any of the following:
Misusing a HE Product, HE Service or Software App, improperly accessing it or the information it processes and transmits, or taking other unauthorized actions may put the User (or their User Data) at risk, cause the HE Product, Service or Software App to malfunction, or otherwise prevent or hinder the proper and intended use of the HE Product, Service or Software App. Accordingly, any such misuse is not permitted.
HE Services and Software Apps may be interrupted or unavailable, and if they are, you must rely upon direct use of the User Device for the User, as applicable, health monitoring.
You represent, warrant and agree that all information you provide to us will be true, accurate, current and complete, and you will only use HE Services, HE Products and Software Apps for the personal benefit of the applicable User, as applicable, in accordance with this Agreement.
Without limiting the provisions of this Agreement or expanding the scope of Human Engineering's responsibilities, Human Engineering is not responsible for outages or defects in power, telecommunications, computers, Smart Devices, third party software and any other event outside of Human Engineering's direct control.
To the extent permitted by applicable law, HE can suspend or terminate any HE Service or Software App, or suspend or terminate your right to use any HE Service or Software App, as it determines for any valid reason. In addition, we have no obligation to support any version of a HE Product, HE Service or Software App once a new version of such HE Product, HE Service or Software App is released.
Except to the extent prohibited by applicable law, the terms of this Agreement are governed by the laws of Finland, in Finland., without regard to its principles of conflicts of law and regardless of your location.
In the event of a dispute arising under or relating to this Agreement, the disputing party must provide the other party with written notice of the dispute, including the facts giving rise to the dispute and the relief sought by the disputing party. We will provide such notice by email to your email address. You will provide such notice to Human Engineering by mail or overnight delivery at the following address: Human Engineering Health Oy, Parrulaituri 10D 24, 00540 Helsinki, Uusimaa, Finland.
Any violation of a party's intellectual or industrial property rights will cause the non-violating party irreparable harm for which monetary damages are an inadequate remedy, and the non-violating party is entitled to temporary, preliminary and permanent injunctive relief and specific performance without the posting of bond or other security, or if required, the minimum bond or security required.
This Agreement is the complete and final agreement between the parties relating to HE Products, HE Services and Software Apps; supersedes any prior agreements or communications between the parties; and may only be modified as described in this Agreement (see Section 2.1). Failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement has been drafted in English at the express request of the parties.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the HE Services infringe your copyright, you (or your agent) may send to Human Engineering a written notice by mail or by e-mail requesting that Human Engineering remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through any HE Service, the DMCA permits you to send to HE a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Click here for details. Notices and counter-notices must be sent in writing to Human Engineering's DMCA agent as follows: By mail to Human Engineering Health Oy, Parrulaituri 10D 24, 00540 Helsinki, Uusimaa, Finland., or by e-mail to email@example.com.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. You may have equivalent rights under other applicable laws.
In accordance with the DMCA and other applicable law, Human Engineering has adopted a policy of terminating, in appropriate circumstances, HE Service users who are deemed by Human Engineering to be repeat infringers. Human Engineering may also at its sole discretion limit access to the HE Service and/or terminate the accounts of any HE Service users who infringe any intellectual property rights of others, whether or not such users are deemed to be repeat infringers.
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