GENERAL LICENSE TERMS FOR USERS OF DIABETESGUARD AND SAFETYALARM
Note: Terms and Conditions for Guardians are summarized at the bottom.
- General – Requirements – Guardians
DiabetesGuard is a service developed to help diabetic patients and their Guardians (here after referred to as The User) feel safer by receiving proper health care assistance when problems arise because of the disease. DiabetesGuard is a health security service (here after referred to as The Service) which combines a mobile application with a smart digital alarm system so that Guardians and assistance personnel can access information about The User’s location and relevant medical data when health care is being implemented. The Service is provided to users of iPhone and Android smart phones that are connected to WiFi or 4G.
«The Service», meaning all services provided by SmartCare AS, (here after referred to as «SmartCare»), or SmartCare’s partners who are naturally associated with the service. The use of DiabetesGuard sets forth a legally binding agreement between SmartCare and whoever signs the agreement for the right to use DiabetesGuard (here after referred to as «The User»).
This document defines the Terms and Conditions between SmartCare and The User.
DiabetesGuard may only be used under the condition that The User fully accepts the terms of this license and any conditions for additional services.
The use of DiabetesGuard requires that The User is over the age of 18 or has obtained parental approval. The User must carefully read the license Terms and Conditions and accept them as legally binding.
By initiating the service DiabetesGuard, The User accepts all the license Terms and Conditions as legally binding. Using the service also requires that The User has functioning internet access and a Norwegian mobile phone number.
Guardians must be over the age of 18. Guardians must confirm by SMS that they can be a Guardian for The User. If Guardians are contacted when The User has triggered an alarm, it is expected that the Guardian will rush to help The User, or make sure that someone rushes to help The User.
- License – Copyright – Trademark – Duration
All rights to DiabetesGuard and associated applications, software, manual and databases is owned by SmartCare. The User must acknowledge SmartCare’s copyrights, trademarks and domain rights to DiabetesGuard. The User is given a temporary and limited non-exclusive right (license) to use DiabetesGuard.
The User has no right to transfer the license to others. DiabetesGuard is for private use only and is not allowed to be used for commercial purposes.
The User may not copy, alter verbiage, attempt to modify, create and/or re-create derivative works, pick apart, rent, lease, sublicense, leave it to others or otherwise dispose of DiabetesGuard and associated application software, manuals and databases, without the express written consent of SmartCare.
DiabetesGuard must not under any circumstances be used for purposes that are illegal or otherwise misused in violation of law, these Terms and Conditions, and the purposes that The Service DiabetesGuard is meant for.
The Application DiabetesGuard is offered to The User as an ongoing subscription.
In collaboration with SmartCare’s partners, The User is offered the basic service at no charge.
The subscription may mutually be terminated with a 30 day notice, this is calculated 30 days from the date of termination.
Upon expiration of the subscription period, The User’s right to use DiabetesGuard will lapse, and The User shall cease all use of The Service.
SmartCare can discontinue The Service during the subscription period with immediate effect and/or terminate this Agreement immediately if The User violates their duties under this Agreement and does not correct them within the deadline SmartCare sets.
For the subscription DiabetesGuard Plus, additional terms with payment conditions apply.
In the event of a significant violation, the Agreement may be terminated with immediate effect.
Upon termination of the contractual relationship, access to The Service will be blocked and The User is obligated to remove the application DiabetesGuard, along with its software and contents relating to this from their mobile phone. It is not allowed to use the service DiabetesGuard after the contract period ends.
- Partnership with the App Store and partners of SmartCare
The service DiabetesGuard is offered by SmartCare as a mobile application customized for iPhone and Android smartphones.
The User acknowledges and accepts that the use of The Service sets forth agreement to obey and follow the Terms and Conditions of the App Store and other distributors. The same applies to The Terms and Conditions of any partners, suppliers etc. to SmartCare.
SmartCare offers various features in the service; including news forums, demo videos, time alarm, SOS-alarm and training features, etc.
There are special conditions for the use of other services in the application DiabetesGuard supplied by SmartCare’s partners. These terms will be posted on our partner’s websites.
The User accepts that SmartCare can change the subscription, terms and conditions, products or services etc. with a 30 day notice.
The current Terms and Conditions are found at www.smartcare.no. In addition, SmartCare will make automatic updates to The Service. Its current Terms and Conditions will be found on the website at all times.
The User has no right to transfer their subscription to a third party.
SmartCare has the right to transfer this license agreement to a third party if the rights to the application DiabetesGuard are transferred to a third party.
SmartCare follows all rules on the processing of personal data. SmartCare’s privacy statement, paragraph §19, is enclosed. SmartCare is responsible as stated in The Personal Data Act paragraph § 2.
By entering into this license agreement The User agrees that SmartCare logs and stores sensitive information about The User to use the services provided in connection with DiabetesGuard, including data and information about The User to use for updating the software, application, support and other services between SmartCare and The User.
The basic service DiabetesGuard is a free product and income comes from marketing and business collaborating partners. This implies that The User of the free service must consent to SmartCare and SmartCare’s collaborating partners to promote various products and services.
By adopting DiabetesGuard, The User agrees that SmartCare can contact/call/send user information and details of relevant products, applications and services provided by SmartCare and SmartCare’s partners per SMS, email, Snapchat, Instagram, Facebook and similar services and Social Media.
By adopting DiabetesGuard, The User agrees that SmartCare’s collaborating partners can contact/call/send user information and details of relevant products, applications and services provided by SmartCare and SmartCare’s partners per SMS, email, Snapchat, Instagram, Facebook and similar services and Social Media.
By adopting DiabetesGuard, The User’s Guardians agrees that SmartCare can contact/call/send user information and details of relevant products, applications and services provided by SmartCare and SmartCare’s partners per SMS, email, Snapchat, Instagram, Facebook and similar services and Social Media.
The User and The User’s given Guardians agree that SmartCare provides contact information to partners for marketing purposes.
The User agrees that SmartCare or their affiliates may collect technical information from operators and suppliers so that SmartCare can provide appropriate services, including mobile phone number, IP address etc.
- Disclaimer of Responsibility
SmartCare strives to ensure that DiabetesGuard at any time is an efficient application to help The User.
However, The User accepts, and fully understands, that acquisition and use of DiabetesGuard and any other services related, are technical/electronic aids and come as is.
Additionally, the application depends on other applications, services, suppliers, and The Service is constantly developing and changing.
As a result of this, the service DiabetesGuard may contain errors, inaccuracies, delays, and imperfections.
SmartCare provides no guarantees of service reliability, accuracy, or area of use. The same applies to any external services provided by third parties.
SmartCare disclaims, as stated above, any direct or indirect responsibility for errors, inaccuracies, delays, and imperfections in the application DiabetesGuard and any related products, applications and services.
SmartCare accepts no liability for damage and/or loss to person or property as a result of the service and its use. SmartCare has no responsibility for loss of data or information belonging to The User.
SmartCare’s responsibility in any circumstance is limited to the amount The User has paid to SmartCare.
It’s important to know that DiabetesGuard is used by users with health issues and as a result it is very important that the user clarify whether there are special circumstances to be aware of.
DiabetesGuard is not a drug and not a substitute for The User’s prescribed drugs. The User must not use DiabetesGuard without consultation with their doctor.
- Relationship with External Services
In the event that the use of DiabetesGuard provides The User access to materials, links and other external services from second/third parties, The User accepts that this is at your own risk and expense.
SmartCare is under no circumstances responsible for the content or information in such material, links or other external services.
Materials, links and other external services may contain proprietary content and are protected by law.
- Governing Law and Jurisdiction
Any dispute between SmartCare and The User, and any disputes in relation to the service DiabetesGuard, are subject to Norwegian law.
If dispute, the legal venue is: Kristiansand District Court in Norway
ADDITIONAL TERMS AND CONDITIONS FOR USERS OF DIABETESGUARD PLUS
DiabetesGuard Plus is a paid service for additional services to DiabetesGuard as stated by current product descriptions.
By using the additional services for DiabetesGuard Plus, The User accepts these license terms in addition to the general Terms and Conditions of DiabetesGuard as legally binding.
DiabetesGuard Plus is a paid service that The User has access to provided that The User pays the license fee and otherwise meets the general license terms of this Agreement.
Payments can be made anytime by using any of the offered payment methods under the terms.
Upon expiration of the subscription period, The User’s right to use DiabetesGuard Plus will lapse, and The User shall cease all use of the additional service. SmartCare can discontinue The Service with immediate effect if the payment is not made.
- Relationship with Third Parties – Authorization and Reimbursement of Costs
In the subscription plan that includes services from Falck, The User and their Guardians agree that Falck is given access to SmartCare’s information about The User and their Guardians. It also agrees that both SmartCare and Falck can pass this information on to third parties in the event of an alarm.
The additional service means that third parties should assist if The User needs them. The User hereby give Falck and SmartCare authorization to provide information to engage publicly or privately to reach out to The User if The User invokes help through the system.
SmartCare, Falck and other providers shall not be held responsible for costs incurred because of a false alarm from The User, and can claim their expenses at The User’ cost.
- Access to Services
- Falck 24/7 Guardian: Falck as additional assistance upon triggered alarm in home country
- Falck Travel Assistance: Falck as additional assistance while traveling
- Falck Diabetes Advice: Access to counseling services on weekdays between 8:00a.m. and 4:00p.m. where nurses trained as diabetes advisors and employees of Falck advises The User about diabetes.
- Using Falck as extra assistance in the home country
Falck can be connected to the alarm function as an additional Guardian. Falck receives a notification when a user needs help and none of The User’s Guardians are responding. The service applies in The User’s home country.
The User must have registered at least 3 Guardians in their DiabetesGuard to add Falck as an additional Guardian in the subscription plan.
When Alarm is triggered:
Falck will call The User within 60 seconds after the alarm is received by Falck. By contacting The User, Falck clarifies The User’s need for help. If it’s necessary to call for emergency, Falck can assist in contacting a Guardian if The User is not capable of this themselves. If no contact with The User is possible, Falck calls the Guardian network in order of priority. The Guardian that they first get ahold of, is asked to go to The User’s whereabouts to verify The User’s need for help. Falck calls the Guardians every 15 min until successful.
Upon contact with the Guardians, Falck sends the Guardians the GPS location of The User. The User is still responsible for entering adequate and accurate information in the alarm comment field so that Guardians could identify The User even with inaccurate GPS location, or where The User is located in an area with limited network access and where GPS location can not be found.
The User is responsible for making it easy/possible for Guardians to get into The User’s house if needed.
If in need of emergency assistance by the official alarm center, Falck may not guarantee what help the official alarm center offers, and the response time for sending an ambulance.
- Falck as additional assistance while traveling
Falck can be connected to the alarm function as an additional Guardian and receive notification when a user needs help. The service extends during travels (*See list of countries)
If The User is abroad, The User must update their Guardians to include the name and telephone number of fellow travelers and/or the contact information for the 24/7 front desk where they are staying.
When alarm is triggered:
Alarm is received and logged by Falck’s emergency central. Falck contacts The User within 60 seconds after the alarm is received by Falck. By contacting The User, Falck clarifies The User’s need for help.
Falck provides contact for emergency and transport to treatment locations of the destination if there is a need for emergency help and The User themselves are not capable of this.
If no contact with The User is achievable, Falck calls the Guardian network in the order of priority. The Guardian that they first come in contact with is asked to go to The User’s whereabouts to verify The User’s need for help.
Falck calls the Guardians every 15 min until contact is successful. Upon contact with Guardians, Falck will send GPS location of The User via SMS.
It is possible to register the hotel reception as a Guardian if you are traveling alone and the hotel offers a 24/7 concierge service at the hotel. Falck will then contact the reception if the alarm is triggered.
Falck refers to the travel insurance’s assistance partner via The User’s insurance cards if there is a need for travel assistance during the trip. Assuming that The User has uploaded an insurance card to their DiabetesGuard.
*) List of countries: Belgium, Bulgaria, Cyprus, Denmark, Estonia, Finland, France, Faroe Islands, Greece, Netherlands, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal,
Romania, San Marino, Slovakia, Slovenia, Spain, Great Britain and Northern Ireland, Sweden, Switzerland, Czech Republic, Germany, Hungary and Austria.
The User can ask questions related to
- Type 1 and Type 2 diabetes
- General questions about the treatment of diabetes
- Activity profile of insulin
- Insulin types (pens/pumps)
- Durability and handling of insulin
- Carbohydrates and dietary guidance
- Lifestyle Changes
- Symptoms of low and high blood sugar
- Insulin Shock
- Ketoacidosis/Acid poisoning
- Blood glucose measurement and injection technique
- General guidance on managing diabetes treatment when traveling, sickness, sports, alcohol, steroid treatment
All calls are handled by nurses who are trained in diabetes counseling. There is no specific treatment suggestions or advice in relation to treatment or diagnosis.
DiabetesGuard Plus can mutually be terminated with a written 30 day notice, this is calculated 30 days from the date asked to terminate.
Guardians must be over 18 years old.
Guardians must confirm by SMS that they can be Guardians of The User.
If Guardians are contacted by automatic notification or Falck when The User has triggered an alarm, it is expected that Guardians will give priority and rush to The User, or ensure that someone rushes out to The User.
In the subscription plan that includes services from Falck, the following applies: If no contact with The User, Falck will call the Guardian network in order of priority. The Guardian whom they first come in contact with is asked to go to The User’s whereabouts to verify The User’s need for help. Falck calls the Guardians every 15 min until successfully getting in contact. Upon contact with Guardians, Falck sends Guardians The User’s GPS location.
By verifying through SMS to be the Guardians of The User, the Guardians agree that SmartCare and SmartCare’s partners can contact/call/send information and details of relevant products, applications and services provided by SmartCare and SmartCare’s partners per SMS, email, Snapchat, Instagram, Facebook and similar services and Social Media.
Guardians agree that SmartCare provides contact information to partners for marketing purposes.
Updated: 3 August 2016