Terms and Conditions
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Last updated: March 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
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Interpretation
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The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in the plural.
Definitions
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For the purposes of these Terms and Conditions:
* Application means the software program provided by the Company downloaded by You on any electronic device, named DiaHelp App
* Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) in which the Application has been downloaded.
* Affiliate means an entity that controls, is controlled by, or is under
common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
* Account means a unique account created for You to access our Service or parts of our Service.
* Company (referred to as either “the Company ”, “We”, “Us” or “Our” in this Agreement) refers to naInzulinu, Cazmanska 4, Zagreb.
* Content refers to content such as text, images, location or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
* Country refers to: Croatia
* Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
* Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
* Free Trial refers to a limited period of time that may be free when
purchasing a Subscription.
* Hazard is any source or activity of potential damage, harm, or adverse health effect on someone.
* In-app Purchase refers to the purchase of a product, item, service or
Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.
* Promotions refer to contests, sweepstakes, or other promotions offered
through the Service.
* Service refers to the Application or the Website or both.
* Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
* Terms and Conditions (also referred to as “Terms”) mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
* Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
* Website refers to DiaHelp.net, accessible from <https://diahelp.net>
* Application refers to DiaHelp.App, accessible from <https://diahelp.app>
* You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
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These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
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Subscription period
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The Service or some parts of the Service could be available only with a paid
Subscription. You will be billed in advance on a recurring and periodic basis such as daily, weekly, monthly, or annually), depending on the type of Subscription plan offered and/or selected by you when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it or if the Company modifies the Subscription fees.
Subscription cancellations
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You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current subscription period.
If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
Billing
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You shall provide the Company if necessary with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
Fee Changes
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The Company, in its sole discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will become effective at the end of the then-current subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
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Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
Free Trial
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The Company may, at its sole discretion, offer a Subscription with a Free
trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer for the future use of the Service.
In-app Purchases
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The Application may include In-app Purchases that allow you to buy products, services, or Subscriptions.
More information about how you may be able to manage In-app Purchases using
your Device may be set out in the Application Store’s own terms and conditions
or in your Device’s Help settings.
In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be canceled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for the fault.
We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are
handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.
If you have any payment-related issues with In-app Purchases, then you need to contact the Application Store directly.
Promotions
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Any Promotions made available through the Service may be governed by rules that are separate from these Terms and our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
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When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
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Your Right to Post Content
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Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use,modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content and use of Service Restrictions
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The Company is not responsible for the content of the Service’s users, nor the actions, consequences or replies to the Content of the Service and Service’s Users. You expressly understand and agree that You are solely responsible for Your Content and for all activity that occurs under or as a result of your account or Content, whether done so by You or any third person using Your account.
You may not transmit any Content nor perform any activities related to the Service and/or other Users that are unlawful, offensive, upsetting, intended to hurt or disgust, hazardous, risky, threatening, libelous, defamatory, obscene or otherwise unethical, malicious, or objectionable. Examples of such objectionable Content and Activity include, but are not limited to, the following:
* Unlawful activity or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender,national/ethnic origin, or other targeted groups.
* Spam, machine – or randomly – generated, constituting unauthorized or
unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
* Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other
information of a third person.
* Infringing on any proprietary rights of any party, including patent,
trademark, trade secret, copyright, right of publicity or other rights.
* Impersonating any person or entity including the Company and its employees or representatives.
* False information and features.
* Violating the privacy of or endangering in any kind any third person.
The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content or conduct is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post objectionable Content or conduct in an objectionable manner.
As the Company cannot control all Content posted by users and/or third parties on the Service, neither the conduct resulting from the use of the Service, in relation to the Service or the Content of the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content and/or conduct that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable nor deem responsibility to pay any amount to any kind of loss or damage in any way for any content, including any errors or omissions in any content, or any malicious activity, Hazard, loss or damage of any kind incurred as a result of your use of any content or other parts of a Service. You are solely responsible for your safety and interactions with other Users. You understand that we don’t inquire about the background nor intentions of the Users and therefore can not make any representations or warranties as to the User’s conduct. We highly recommend the usage of sealed products, products within the expiration date, and products that are offered according to your specifications – for your health protection and hygiene reasons. Content Backups
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Although regular backups of Content are performed, the Company does not
guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a
location independent of the Service.
Copyright Policy
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Intellectual Property Infringement
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We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at dmca@diahelp.app and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees)for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
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You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
* A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
* Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
* Your address, telephone number, and email address.
* A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
* A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at dmca@diahelp.app. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
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The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service may be protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
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You assign all rights, title, and interest in any Feedback You provide the Company. You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
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Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the
content, privacy policies, or practices of any third-party websites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
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We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You simply discontinue using the Service.
Limitation of Liability
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Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in a period of a year.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
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The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
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The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
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If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
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If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident.
United States Federal Government End Use Provisions
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If You are a U.S. federal government end-user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
The United States Legal Compliance
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You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
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Severability
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If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
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Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Terms shall not affect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
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These Terms and Conditions may have been translated. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
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We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material We will make reasonable efforts to provide prior notice to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
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If you have any questions about these Terms and Conditions, You can contact us:
* By email: info@diahelp.app
