Terms of use

1. Legal Agreement

1.1.
These Terms of Use (“Terms of Use”) form a legal agreement between you (including, if applicable, any legal entity which you represent or act for) (“you”) and us (“us”, “we”, “LabStyle”, “Labstyle Innovation Incorporated”, or“MyDario.com”) and sets forth the terms and conditions governing your access to, and use of this website (the “Site”) and LabStyle Innovation Incorporated’s services, including without limitation any applications, mobile applications, software, features, content, websites and/or linked pages, offered from time to time by LabStyle in connection therewith (collectively, the “Service(s)”). Please read these Terms of Use carefully before using the Site or the Services. By using the Site or the Services in any manner, you agree to be bound by these Terms of Use, as may be amended by us from time to time. If you do not agree to these Terms of Use, please refrain from using the Site or the Services.
1.2.
The Services are intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from receiving services under the laws of their jurisdiction (“Legal Capacity”). Accordingly, if you are not of Legal Capacity, you are not allowed to use the Site and/or Services. Be aware that we are not and shall not be held liable for any breach of this requirement.
1.3.
WE RESERVE THE RIGHT TO CHANGE OR DISCONTINUE THE SITE OR ANY OF THE SERVICES AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON OR FOR NO REASON. WE MAY ALSO REVISE THESE TERMS OF USE WITHOUT NOTICE AT ANY TIME AT OUR SOLE DISCRETION. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AND SERVICES FOLLOWING SUCH MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFICATIONS. THEREFORE, YOU MUST REVISIT THESE TERMS OF USE REGULARLY TO BE UPDATED OF ANY MODIFICATION MADE.
1.4.
We reserve our right to refuse provision of the Services, to anyone, for any reason or for no reason.
1.5.
Please make sure you read these Terms of Use along with our Privacy Policy [www.mydario.com/privacy-policy] (the“Privacy Policy”). Please read our Privacy Policy carefully before using the Site or the Services.
1.6.
All communications between you and us shall be by electronic means. You hereby agree and agree to receive communications from us in an electronic form.

2. Creating an Account

2.1.
You are required to create an account in order to use the Services. You agree that all information provided by you is accurate, full, complete and up-to-date at all times. Your registration must be completed using your real name. Any registration is solely for you and you may only use one single account. You may not use the accounts of others, or allow others to use your account, and you are solely responsible for preventing such unauthorized use of your account.
2.2.
You agree that we rely on the “User ID” format to confirm whether users accessing and using our Services are authorized to do so. If a user accesses the Services using a User ID that was issued to you, we will rely on that User ID and will assume you personally are accessing the Services. You are solely responsible for any and all access and/or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
2.3.
You understand and agree that the personal data you enter into your account may be used by us or by any third party for research, development, commercialize and/or academic purposes, after being completely and truly anonymized (de-identified).
2.4.
We strongly recommend having a complex password, to be kept secured at all times. You are also encouraged to change your password regularly.

3. Using the Site and Services

3.1.
Please keep in mind that when you use the Site and/or the Services, you may be able to gain access to information and materials created by you, as well as others, including any data, text, information, graphics, photos, profiles, audio clips and videos, links and any application (collectively, “Content”) that you submit, post and display on your account. Therefore, you agree not to revise Content created by others, and not to create, post or use any Content in any manner which may infringe the copyright, trademark, trade secret, or other intellectual property or other proprietary right of others; violate the privacy, publicity, confidentially or other rights of third parties; be discriminatory, defamatory, obscene, threatening, abusive, sexually degrading or hateful, as determined by us in our sole discretion; or be false or inaccurate, as well as be unauthorized and/or illegal under any applicable law. We may, at our sole discretion, terminate accounts or remove Content from the Site and/or from any of our applications or mobile applications if we determine or suspect that those accounts or Content violate these Terms of Use.
3.2.
You may not post nude, including partial, as well as sexually offensive photos and/or videos, of any kind.
3.3.
You may not harass or intimidate any other users of the Site and/or the Services.
3.4.
You agree to be held solely responsible and solely liable for anything that occurs in your account and any activity in your account, including without limitation, for any Content being uploaded in your account.
3.5.
You agree that information and opinions in Content created by third parties represent solely the thought of the author and are neither endorsed by us or reflect our beliefs. You acknowledge that you may be exposed to certain Content which may violate our policies or otherwise be offensive to you.
3.6.
You agree that you use the Site and Services at your own risk. While we prohibit any misuse of the Site and Services, we take no responsibility for your exposure to Content on the Site and/or on any of our applications or mobile applications whether it violates our content policies, Terms of Use and Privacy Policy or not.
3.7.
You may not submit any unwanted e-mail, Spam or comments to any of the members of the Site and/or the Services.
3.8.
You may not transmit via the Site and/or the Services any virus, worm, Trojan horse or any other potentially malicious code.
3.9.
You may not crawl, scrape, or otherwise cache any Content from the Site and/or the Services, without our prior written consent.
3.10.
In using the Site and/or the Services you agree not to violate any applicable laws in your jurisdiction (including but not limited to any copyright laws).

4. No Medical Advice

We do NOT offer any medical advice or diagnoses and do NOT practice in medicine. Nothing in the Site and/or the Services shall be deemed or constitute as medical advice. Our Services are NOT intended to substitute any professional medical advice, diagnosis, or treatment and are offered for informational purposes only. Reliance on any information provided on the Site and/or through the Services is made solely at your own risk and you are solely responsible for any decisions or actions you take based on the information and materials made available through the Site and/or the Services.

5. Using Third Party Services

LabStyle may provide you with links or referrals to, or contact information for, third party sites and/or services, including without limitation, health care providers, researchers, etc. The use of any third party sites and/or services is made solely at your own risk. LabStyle is not be responsible for, and does not endorse, any third party content, sites or services, including without limitation, any health care providers, products, tests, studies, procedures, services, opinions, or websites accessed or mentioned on the Site and/or through the Services.

6. Termination

We reserve the right to suspend or terminate your account and/or your access and use of the Site and/or the Services, at our sole discretion, should you fail to meet the requirements set forth in these Terms of Use. If you wish to terminate your account, you may do so by (i) notifying us at any time, or (ii) closing your accounts for all of the Services which you use, where this option has been made available to you. The provisions of these Terms of Use shall survive any termination or expiration thereof, including without limitation, the warranty disclaimers, limitation of liability and indemnity provisions.

7. No Warranty

7.1.
The Site and the Services are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim all warranties, express or implied, regarding the Site and the Services, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of any trade, including without limitation to the Site and/or the Services being free from defect or any virus, worm, Trojan horse or any other potentially malicious code. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSE OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE AND SERVICES. WE MAKE NO WARRANTY THAT THE SITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE SITE AND/OR THE SERVICES, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THEREBY. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY RECEIVE FROM US OR THROUGH US AT ANY TIME.
7.2.
The Site and Services, as well as your Content, may become unavailable, in whole or in part, due to technical failure, maintenance and upgrade works, as well as upon our sole discretion or otherwise. We will not be held liable, under any circumstances, for the loss of any Content. You are strongly recommended to backup any of your own data and Content which you are entitled to backup.
7.3.
Without derogating from the above, you hereby acknowledge and agree that in provision of the Services and operation of the Site, we may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, clearing services providers, etc. Any transaction may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, network modifications, repairs, and upgrades or banking, financial institution or other similar bodies. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO PROVIDE THE SERVICES WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTY PROVIDER.
7.4.
You are solely and exclusively responsible for all your communications and interactions with us or with any person or entity with whom you may communicate, interact or engage as a result of your use of the Site and/or the Services. You agree and confirm that we do not, and do not intend to, make any inquiries of any person or entity or verify the information any person or entity submits or provides while using the Site and/or the Services. You agree to take precautions in all communications and interactions with any person or entity whether made on-line or off-line.

8. Limitation of Liability

8.1.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS OF USE, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, EMPLOYMENT OPPORTUNITIES, FROM BUSINESS INTERRUPTIONS, OR FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES AND/OR THE SITE. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION.
8.2.
YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE OF THE SITE OR THE SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS OR LIABILITY RELATING IN ANY WAY THERETO.
8.3.
THE PROVISIONS OF THIS SECTION 8 SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT HAVING JURISDICTION SHALL DETERMINE THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE WILL NOT EXCEED ONE HUNDRED US DOLLARS (U.S. $100.00).

9. Indemnity

You shall defend, indemnify, and hold harmless LabStyle, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including without limitation reasonable attorneys’ fees, that arise from or relate to (i) your access, use or misuse of the Site and/or the Services, or (ii) your violation of these Terms of Use or any applicable law, contract, policy, regulation or other obligation. LabStyle reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with LabStyle in connection therewith.

10.Intellectual Property, Confidentiality and Security

10.1.
We do not claim any ownership rights of any kind in Content that you post on or through the Site and/or the Services. By displaying, posting or publishing any Content on or through the Site and/or the Services, you hereby grant us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, perform, display, reproduce and translate such Content, subject to the terms set forth in our Privacy Policy and applicable law. For more information regarding the use of your Content, please read our Privacy Policy. Our Privacy Policy is hereby incorporated by reference into these Terms of Use
10.2.
Please note: Some of our Services are supported by advertising revenue and may display advertisements and promotions. You hereby irrevocably agree that we may place such advertising and promotions on our Site and/or the Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to our sole discretion, and we will not be obliged to give you any notice whereas to such changes in the advertising and promotions abovementioned.
10.3.
You represent and warrant that:
10.3.1.
You own the Content posted by you on or through our Site and Services or otherwise have the right to grant the license set forth in this Section;
10.3.2.
The displaying, posting or publishing and use of your Content on or our Site and Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person and/or entity;
10.3.3.
The displaying, posting or publishing of your Content on the Site and/or through the Services does not result in a breach of contract between you and a third party; and
10.3.4.
If applicable, you agree to pay for all royalties, fees, and any other form of compensation owing any person and/or entity by reason of Content you post on or through our Site and Services.
10.4.
Please note: Our Services may contain Content which belongs to us and/or to any affiliate, (“Our Content”). Our Content is protected by copyright, trademark, patent, trade secret and other laws protecting proprietary rights, and we own and retain all rights in Our Content and our Services. We hereby grant you a limited, revocable, non-sub-licensable license to reproduce and display Our Content (excluding any software code) solely for your personal use and in connection with viewing the Site and using our Services, provided you fully meet these Terms of Use and subject to our sole discretion.
10.5.
Our Services may also contain Content of users and our licensors we may be engaging with. Except as provided within these Terms of Use, you may not copy, modify, omit, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through our Site and Services, without our prior written consent.
10.6.
You acknowledge and agree that we and our licensors (as applicable) retain sole, full and exclusive ownership of all intellectual property rights of any kind related to the Site and the Services, including copyrights, trademarks and other proprietary rights (“Intellectual Property Rights”). No license is granted hereunder to any Intellectual Property Rights. Labstyle, Dario, MyDario, and “mydario.com” are our trademarks. Other names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you hereunder.
10.7.
You hereby represent and warrant that you alone retain full and absolute title to all intellectual property rights in any copyrighted materials (including trademarks) that are contained in Content that you provide. You hereby grant us a perpetual, non-exclusive, royalty-free, fully paid, worldwide, irrevocable sub-licensable license, to use all such materials for the provision of the Services and in connection thereto.
10.8.
If you believe that your work has been used in a way that constitutes copyright infringement by users of the Site or Services (in their capacity as such), please provide us all information pertaining thereto as soon as possible. We reserve the right, but no the obligation, to ask you for any further information as we deem appropriate.

11. Feedback

11.1.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by email to info@mydario.com. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

12. General Terms

12.1.
These Terms of Use do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. There are no third-party beneficiaries of these Terms of Use.
12.2.
You may not assign your rights under these Terms of Use, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be null and void.
12.3.
Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
12.4.
Failure by us to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms of Use.
12.5.
These Terms of Use will be governed by the laws of the State of Israel. You agree that the courts located in Tel Aviv, Israel will have exclusive jurisdiction over any dispute between you and us. However, you agree that we may seek equitable relief in any jurisdiction when appropriate.
12.6.
Unless a specific agreement is signed by you and us, these Terms of Use constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and we, its provisions shall supersede the provisions of these Terms of Use.
If you have questions regarding our Terms of Use, please contact us at: info@mydario.com
Last update: October 3, 2012
All rights reserved, Labstyle Innovations Incorporated