Sinocare iCAN APP Terms of Use
Preamble
These terms of use (the “T&Cs”) of Sinocare Meditech Inc. (“Sinocare”, “we”, “us”) apply to the registration of a user account (“User Account”) for the use of the Sinocare Continuous Glucose Monitor System App for mobile phones (“iCAN APP”) and stipulate the terms and conditions for the use of the iCAN APP. The use of the iCAN APP and the registration of a User Account are mandatory to be able to use Sinocare’s blood glucose sensor and transmitter for measuring and monitoring blood glucose levels of diabetics (the “Product”). The Product in connection with the iCAN APP assists diabetics in measuring, displaying and monitoring their current blood glucose levels, in identifying long-term glucose trends and developments based on their glucose levels, and warns diabetics if they become hyperglycemic or hypoglycemic and thus reach life-threatening states. These T&Cs, applicable to the registration of a User Account and the use of the iCAN APP, shall exclusively govern the relationship between any individual who registered a User Account for the use of the iCAN APP (the “User”) and Sinocare. In the relationship between the user and Sinocare, these T&Cs apply exclusively to the use of the iCAN APP. The application of terms and conditions of the User is expressly rejected, even if the User expressly refers to their application. Preamble These terms of use (the “T&Cs”) of Sinocare Meditech Inc. (“Sinocare”, “we”, “us”) apply to the registration of a user account (“User Account”) for the use of the Sinocare Continuous Glucose Monitor System App for mobile phones (“iCAN APP”) and stipulate the terms and conditions for the use of the iCAN APP. The use of the iCAN APP and the registration of a User Account are mandatory to be able to use Sinocare’s blood glucose sensor and transmitter for measuring and monitoring blood glucose levels of diabetics (the “Product”). The Product in connection with the iCAN APP assists diabetics in measuring, displaying and monitoring their current blood glucose levels, in identifying lon
1. SCOPE
1.1 Subject to these T&Cs Sinocare offers to Users to register a User Account and use the iCAN APP in connection with the Product to measure and monitor their current and long-term blood glucose levels. The T&Cs stipulate the terms and conditions for the registration of a User Account and the use of the Sinocare’s iCAN APP. The T&Cs constitute the user agreement for the use of the iCAN APP between the User and Sinocare after the registration of a User Account (“User Agreement”).
1.2. The T&Cs govern the mutual rights and obligation with respect to the provision and use of the iCAN APP.
1.3. Sinocare is not a healthcare professional and does not provide medical, health or other professional services or advice in relation to the User. We do not verify the accuracy of the health and user data as defined in our privacy notice for the iCAN APP. The current and applicable privacy notice can be found here: [iCAN APP Privay Notice].
1.4. The use of the Product and the iCAN APP does not replace proper healthcare and the regular consultation with healthcare professionals such as physicians. Should Users feel unwell, experience pain, or notice any other abnormality that may be related to their health, it is the User’s sole responsibility to urgently consult a physician or other appropriate medical care. Sinocare cannot give appropriate medical advice and recommends that Users consult a physician or other medical professionals. In urgent or life threatening cases, Users should dial the local emergency number of the country where they are currently located.
1.5. At their own responsibility, Users may also share data collected during the use of the Product and the iCAN APP with their physicians, healthcare professionals or other healthcare service providers for the purpose of receiving medical treatment and advice. By using the “Access” function of the iCAN APP, Users can also share their live blood glucose levels with selected family members and friends who have downloaded the separate Sinocare REACH APP and created a respective account. The User is free to decide which REACH APP user shall have access and may at any time freely revoke the access right.
1.6. The iCAN APP may be downloaded from Apple’s App Store and the Google Play Store. The use of Apple’s App Store and the Google Play Store are subject to separate independent terms and conditions and Apple’s and Google’s privacy notice, which are not controlled by Sinocare and cannot be influenced by us. The terms of use and privacy policy can be accessed at:
a) Apple:
• Apple Media Service Terms and Conditions:
https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html
• Privacy Policy:
https://www.apple.com/legal/privacy/en-ww/
b) Google:
• Google Play Terms of Service:
https://play.google.com/intl/de_uk/about/play-terms/index.html
• Privacy Policy:
2. DESCRIPTION OF SINOCARE SERVICES
2.1 Upon the successful completion of the registration of a User Account as set out in section 3, Sinocare grants the User access to the ICAN APP and the User receives a non-exclusive, non-transferable, non-assignable, non-permanent, limited right to access and use the ICAN APP in accordance with these T&Cs and the applicable laws (“Sinocare Services”).
2.2 In connection with the use of the Product and the iCAN AP , Sinocare Services include that Users:
a) measure and monitor their current and long term blood glucose levels and trends;
b) transmit, retrieve and display certain information regarding their diabetes on their mobile device on which they have installed the iCAN APP;
c) receive warning messages and alerts in case of hyperglycemic or hypoglycemic and thus live-threatening states;
d) may voluntarily upload and store the collected data on Sinocare’s cloud servers located in Germany using the cloud services offered by Sinocare in the iCAN APP ;
e) may use the iCAN APP in offline mode without uploading their personal data to our cloud servers after the successful registration of a User Account;
f) may access and transfer this data, if uploaded to the cloud servers, to any other mobile device at any time by logging into their respective User Account;
g) perform backups of their data which are then stored on our cloud server;
h) share their uploaded anonymized data with research and development centers in the United States of America and Peoples’ Republic of China for statistical and analytical research purposes and to improve data related to diabetes research;
i) share their live blood glucose level data with family and friends which have an account in the Sinocare REACH APP and disable access at any time.
2.3 The access and usage right granted under these T&Cs is generally limited to the iCAN APP and the Sinocare Services in their current state upon registration of a User Account.
2.4 Sinocare is entitled to introduce additional features and functions (“Upgrades”) which may be only available upon payment of an additional fee. Such Upgrades may be subject to additional terms and conditions. If any such additional terms or fees accrue, Sinocare will inform the User accordingly of the applicable terms and fees prior to the purchase of any Upgrades.
3. REGISTRATION PROCESS AND USER ACCOUNT
3.1 Users may only register a User Account with Sinocare for the use of the iCAN APP, if they purchased a Product from Sinocare’s local distributors. Users are only entitled to register a User Account if they are at least 18 year old, or at the age at which they have the legal capacity under the national law of their habitual residence.
3.2 During the registration process for a User Account, Users must accept these T&Cs, confirm that they have taken note of Sinocare’s Privacy Notice for the iCAN APP , which can be found at [iCAN APP Privacy Notice].
3.3 When registering a User Account, Users must provide the following information during the registration process (“Account Data”):
a) their email address;
b) a user name; and
c) an individual password.
The provided information must be correct and the User must be the owner of the email address.
3.4 When logging in to his User Account in the iCAN APP, the User will be prompted in the future to provide his email address or his user name and his individual password.
3.5 Users are obliged to keep all Account Data, in particular his user name and password, secret and carefully secure access to the User Account. Users shall ensure that no third parties have access to the User Account. The User must inform Sinocare immediately, if he becomes aware of the loss of login credentials, his mobile device with the installed iCAN APP, or if there are indications that the User Account has been misused. Such notice must include the User’s email address and user name and may be sent to [iCansupport@sinocare.com].
3.6 Sinocare reserves the right to delete the provided Account Data after a reasonable time, if the registration process fails, remains incomplete or is cancelled.
3.7 The User Account is not transferrable to a third party, as it is bound to the User, who indicated the Account Data during the registration process and successfully completed the registration. In the event that the User dies, Sinocare is permitted to give the User’s inheritors access to the User Account and to provide them with the information required for this purpose.
3.8 In case the User Agreement is terminated by Sinocare or the User according to Section 7 of these T&Cs, the right to use and log in to the ICAN APP expires as well automatically and immediately. Sinocare is then entitled to suspend the User Account immediately and delete the data associated with the User Account within a reasonable period of time, subject to retention obligations under applicable laws.
4. USE OF THE ICAN APP
4.1 The User is obliged to use the iCAN APP solely for the purposes defined in these T&Cs and in accordance with these T&Cs. In particular, any kind of use is prohibited that may lead to a damage to the iCAN APP, Sinocare’s IT infrastructure (including its cloud servers), its distributors, third parties, other Users of the iCAN APP, violates statutory legal provisions or infringes any third party rights (e.g. intellectual property rights, data privacy rights). Users are not permitted to use the iCAN APP in a manner that is suitable to harm Sinocare, its distributors, other Users, third parties or to take advantage of or threaten the operation of the iCAN APP or Sinocare’s IT infrastructure (including its cloud servers).
4.2 Sinocare owns and retains all rights, in particular intellectual property rights, title and interest in and to the iCAN APP and all respective usage rights to the iCAN APP. The User is entitled during the term of the User Agreement on a non-exclusive, non-permanent and non-transferable basis to use the iCAN APP and its features in accordance with these T&Cs as well as the potentially applicable additional terms and conditions for Upgrades. The User shall be not entitled to
a) use the iCAN APP for commercial purposes or to benefit any third party;
b) use or attempt to use any unauthorized means to modify, reroute, or gain access to Sinocare Services;
c) enable unauthorized third party applications, hardware or software to access, interfere with, or modify the iCAN APP or the Product;
d) sublicense any of the User’s rights under these T&Cs to a third party;
e) modify, copy, dissemble, decompile, translate, decode, edit, distribute, or make the iCAN APP publicly available or create derivative works of it, unless permitted by law;
f) reverse engineer or derive the source code of the iCAN APP, unless permitted by law; or
g) use any automated means, processes or services to access or use Sinocare Services, or to copy or scrape any data from the Sinocare Services and the iCAN APP.
4.3 The User is solely responsible to ensure that its mobile device meets the technical requirements for the use of the iCAN APP. Users also have to ensure that they are using the latest version of the iCAN APP. If the User does not update his iCAN APP to the latest version provided by Sinocare, Sinocare cannot guarantee that the use of the iCAN APP takes place with the current security standards.
5. SUPPLY OF THE ICAN APP
5.1 Upon purchase of the Product, the Customer acquires, subject to the required minimum age of 18 years pursuant to Section 3.1. and the prerequisite of the registration of a User Account pursuant to Section 3, the right to download ICAN APP from the providers mentioned in Section
5.2 and to install it on his mobile device. 5.2 Sinocare supplies the iCAN APP as a digital download on its website, which can be found at [●], and through Apple’s App Store and the Google Play Store. To the extent that the supply of the iCAN APP is carried out by the providers of the aforementioned app stores, any potential delay in the supply of the iCAN APP (including updates) by the providers of the app store is not the responsibility of Sinocare and does not constitute any claims of the User against Sinocare.
5.3 The use and supply of the iCAN APP is free of charge and the User may download the iCAN APP at any time from Sinocare’s website or the app stores mentioned above. If in the future the iCAN APP should provide chargeable content, Sinocare will inform the User in due time about the chargeability.
5.4 Sinocare supplies the iCAN APP in its latest version and with the features and functions as set forth in Section 2. The features, functions and attributes of the Sinocare Services and the iCAN APP described in Section 2 constitute the subjective and objective conformity requirements agreed upon between Sinocare and the User.
5.5 Sinocare provides installation and instruction manuals for the iCAN APP along with the instruction manual for the Product. Further information can also be found in the ICAN APP or here: [●]
6. WARRANTY AND LIABILITY
6.1 Sinocare warrants that the iCAN APP conforms to the subjective and objective conformity requirements at the time of its supply and that its use by the User to the contractually agreed extent in the country of first download of the app does not conflict with any third party rights.
6.2 Insofar as the iCAN APP does not meet the subjective or objective requirements for conformity as stipulated in these T&Cs, the user shall be entitled to the statutory warranty claims such as subsequent performance, revocation of the contract, reduction of the purchase price or damages, provided that the prerequisites of these provisions are met.
6.3 In accordance with Section 6.4, Sinocare will provide updates to the iCAN APP, which maintain the contractual condition of the iCAN APP, including (critical) security updates (“Updates”).
6.4 Sinocare provides Updates for the iCAN APP as of the initial supply of the app to an individual User for a minimum period of two (2) years and as long as Sinocare supplies the iCAN APP to an individual User. The maximum eligibility of an individual User to receive Updates ends with the termination of the User Agreement pursuant to Section 7 of these T&Cs.
6.5 Sinocare informs the User on available Updates by a corresponding notice in the iCAN APP or on the website. In addition, providers of the app stores may inform the User on available Updates. Sinocare shall not be liable for any defect due to a failure by the User to update the iCAN APP of which Sinocare has informed the User, unless the failure to update is caused by defective installation instructions provided to the User.
6.6 The liability under statutory law (regardless of the legal basis) of Sinocare and its legal representatives and vicarious agents is limited to damages (a) resulting from intent and gross negligence of Sinocare, its legal representatives or vicarious agents, (b) to life, body or health or (c) resulting from the culpable breach of material contractual obligations, i.e. obligations the fulfillment of which is a prerequisite for the due performance of the contract or the breach of which jeopardizes the realization of the purpose of the contract and compliance with which the other party may regularly rely on (so called “cardinal obligations” = “Kardinalspflichten”). In the latter case the liability shall be limited in case of slight negligence to the damage which was typically foreseeable at the time of contract conclusion.
6.7 The liability for the loss of data is limited to the effort for retrieval that would have occurred in case of regular and proper back-ups. The User is solely responsible for conducting the back-ups of the data that they entered or uploaded to Sinocare’s cloud servers through the use of the respective feature in the iCAN APP. The User is also solely responsible for saving any information required for evidence, accounting or other purposes on a storage device independent of Sinocare’s services.
7. TERM, TERMINATION AND SUSPENSION
7.1 These T&Cs become binding upon successful registration of a User Account and acceptance of these T&Cs by the User during the registration process. The User Agreement for the Sinocare Services is concluded for an indefinite term.
7.2 The User may terminate the User Agreement at any time either by sending a termination notice in text form via email to [iCansupport@sinocare.com] or by closing the User Account in the iCAN APP and deletion of the iCAN APP. In the event the User terminates the User Agreement by sending a termination notice via email, Sinocare will suspend the account and delete all data associated with the User’s User Account after a reasonable period of time and in accordance with Sinocare’s data retention policies.
7.3 Sinocare may terminate the User Agreement at any time with a notice period of 30 days to the end of the month in text form without specifying any reasons.
7.4 If Sinocare has concrete indications of violations of the User against legal provisions or against obligations under these T&Cs, Sinocare may suspend the respective User Account until it is ensured that no further violations are committed.
7.5 In the event that the User repeatedly violates legal provisions or obligations arising from these T&Cs, Sinocare may permanently suspend the respective User Account. Violations of obligations under these T&Cs permitting permanent suspension include, in particular, the User’s obligations not to:
a) transfer the User Account to a third party or grant a third party access to the User Account;
b) provide false information during the registration process;
c) use an email address that is not owned by the User;
d) use the iCAN APP in a manner that may cause damage to the iCAN APP, Sinocare’s IT infrastructure (including its cloud servers); or
e) violate these T&Cs, statutory legal provisions or any third party rights.
7.6 If Sinocare suspends a User, Sinocare will take into account the legitimate interests of the User, in particular whether the User is responsible for the violation. Sinocare will inform the User of the reasons for temporary or permanent suspension at the latest when the suspension becomes effective.
7.7 Sinocare and the User have the right to terminate the User Agreement at any time without notice for good cause. Good cause includes, in particular, if the User repeatedly violates these T&Cs.
7.8 Sinocare may also terminate the User Agreement, if the User decides to reject material changes pursuant to Section 9.1.
7.9 If Sinocare has permanently suspended a User or terminated the User Agreement in accordance with these T&Cs, the User has no right to have his suspended User Account reinstated. The User is also not allowed to register a new User Account after a permanent suspension or a termination by Sinocare.
8. PRIVACY
8.1 Sinocare’s current and applicable Privacy Notice for the iCAN APP can be found here: [Privacy Notice]
9. MISCELLANEOUS
9.1 Sinocare may, at its sole discretion, extend, reduce, change or completely cease to provide Sinocare Services to the Users, and amend these T&Cs. As far as changes are exclusively connected with advantages for the User, Sinocare will inform the User 30 days before the changes apply. In case of material changes to the Sinocare Services or to these T&Cs that could be disadvantageous for the User (e.g. introduction of a fee for previously free services, modifications of termination rights to the detriment of Users), Sinocare will inform the User upon a 30 days’ notice period. Changes become binding for the User and Sinocare if the User does not reject in writing (email is sufficient) within this deadline and continues to use the iCAN APP and the Sinocare Services after the expiration of the deadline. Sinocare informs the End User about this effect along with the change notice.
9.2 These T&Cs shall exclusively be governed by and construed under the laws of EU legislation excluding its provision on the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the event that your residence or abode is in a member state of the European Union and if you are a consumer, this stipulation is not in conflict with mandatory rules of the country in which your residence or abode is situated. Such rules shall remain unaffected.
9.3 Should any provision of these T&Cs be or become invalid in whole or in parts or should a loophole requiring closing show up, the validity of the other provisions shall not be affected. Rather, the Parties shall be obliged to replace the invalid or unenforceable provisions with another valid provision as close to the economic effect as possible.
Date of the Terms of Use: Jan 2024
