TERMS AND CONDITIONS
These terms and conditions ("Agreement") govern your access to and use of the services provided by Diawiser ("Company") through its AI platform ("Services"). Please read this Agreement carefully before using our Services. By accessing or using our Services, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you may not access or use our Services.
Acceptance of Terms
By using our Services, you affirm that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to this Agreement.
Description of Services
Diawiser provides an AI-powered platform that allows diabetic patients to ask diabetic-related questions and receive personalized, clinically accurate answers ("Services"). The information provided through our Services is for educational purposes only and is not intended to replace professional medical advice.
Limitation of Liability
a. Diawiser strives to provide accurate and reliable information through its Services. However, the information provided should not be considered a substitute for professional medical advice. The Company does not assume responsibility for any decisions made by users based on the information provided through the Services.
b. Users acknowledge and agree that any alteration to medication or other medical-related decisions must be confirmed by a healthcare professional. Diawiser does not hold responsibility for any consequences arising from such decisions.
c. Users understand and accept that the information provided through the Services is educational in nature and may not always reflect the most up-to-date medical knowledge or practices. Diawiser does not guarantee the accuracy, completeness, or reliability of the information provided.
d. Diawiser shall not be held liable for any damages, whether direct, indirect, incidental, consequential, or otherwise, arising from the use or inability to use the Services, including but not limited to damages for personal injury, loss of profits, data, or any other intangible losses.
b. Users agree not to rely solely on the information provided through the Services for making healthcare decisions. It is strongly recommended that users consult with qualified healthcare professionals for medical advice and confirmation of any information obtained through the Services.
c. Users are solely responsible for the content they post, transmit, or upload to the Services and must ensure that such content does not violate any applicable laws or infringe upon the rights of any third party.
All content, materials, and trademarks on the Diawiser platform are the property of the Company or its licensors and are protected by intellectual property laws. Users may not use, copy, reproduce, modify, distribute, or display any content from the Services without the prior written consent of Diawiser.
Modifications to the Agreement
Diawiser reserves the right to modify or update this Agreement at any time. Users will be notified of any material changes to the Agreement. Continued use of the Services after the modifications indicates your acceptance of the revised terms.
Welcome to DiaWiser
1.1. Welcome to DiaWiser. The following terms and conditions (hereinafter referred to as "Terms and Conditions") constitute an agreement between you and DiaWiser (hereinafter referred to as "DiaWiser," "we," "our," or "us"), the operator of a platform that provides you with access to our AI-powered health companion, which offers medically accurate responses to diabetic questions, as well as a diabetic community where patients can ask questions and receive comments from other users.
1.2. The health companion is available as a free app for download on your mobile device (hereinafter referred to as the "DiaWiser App") and, where applicable, through our web-based application (hereinafter referred to as the "Website"). DiaWiser has also developed an interactive chatbot (hereinafter referred to as the "Chatbot") that engages with patients, gathering additional information to provide more accurate recommendations. The Website, the DiaWiser App, and the Chatbot, including any software, services, or other technologies associated with them, collectively form the "DiaWiser Platform."
PLEASE NOTE THAT THE DIAWISER PLATFORM DOES NOT PROVIDE PERSONALIZED MEDICAL INFORMATION. IF YOU HAVE CONCERNS ABOUT YOUR HEALTH, PLEASE CONSULT A MEDICAL PROFESSIONAL. IN CASE OF AN EMERGENCY, CONTACT THE EMERGENCY SERVICES IMMEDIATELY. ALWAYS SEEK ADVICE FROM YOUR DOCTOR OR ANOTHER QUALIFIED HEALTHCARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR CANCEL AN APPOINTMENT BASED SOLELY ON INFORMATION YOU HAVE READ OR HEARD ON THE DIAWISER PLATFORM.
1.4. If you wish to contact us, please email our Customer Service team at firstname.lastname@example.org.
1.5. To use the DiaWiser Platform, you must be at least 16 years old. If you are under 18 years old, you need the consent of your legal guardian to use the DiaWiser Platform and agree to these Terms and Conditions.
1.6. By accessing and using the DiaWiser Platform, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access any part of the DiaWiser Platform.
1.7. The contract languages for communication with DiaWiser are English and Lithuanian.
The legal relationship between you and DiaWiser
2.2. To create a User account on the DiaWiser Platform, you must agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not create a User account on the DiaWiser Platform.
Information we collect about you
3.2. By using the DiaWiser Platform, you grant us the perpetual, worldwide, transferable, and sublicensable right to use anonymized data in compliance with applicable data protection laws. You acknowledge and accept that we own all rights to any data derived from such anonymized data.
The DiaWiser Platform
4.1. The DiaWiser Platform offers an AI-powered health companion that provides medically accurate responses to diabetic questions. The platform includes a symptom checker, personalized health information, symptom tracking functionality, and access to a diabetic community where patients can ask questions and receive comments from other users.
4.2. The DiaWiser Platform is provided to you free of charge, allowing unlimited use of symptom assessments and access to the related features.
4.3. Please note that the DiaWiser Platform is for informational purposes only and does not constitute medical consultation. It is not a substitute for medical advice from a qualified healthcare professional.
4.4. The DiaWiser Platform does not provide diagnoses for medical conditions or prescribe treatment. Consultation with a medical professional, such as a general practitioner, is necessary for accurate diagnoses and appropriate medical advice.
4.5. Ultimately, it is your responsibility to decide whether to consult a medical professional or seek medical advice regarding any medical issues related to the information provided through the DiaWiser Platform.
Creating a User account
5.1. To access the DiaWiser App, you will need to have an Apple ID or a Google account. You can download the DiaWiser App from the Apple App Store or Google Play Store (referred to as "App Store") on your mobile device or tablet. Alternatively, you can access the DiaWiser Platform directly through our web-based application or via an application provided by us or our partners.
5.2. Once you have downloaded the DiaWiser App (or accessed the web-based application on our Website), you can register and create a User account by choosing a username and password (referred to as "User Account"). Registering constitutes a binding offer by the User to accept these Terms and Conditions. We may accept this offer (but are not obligated to) by granting you access to the DiaWiser Platform for the first time through your User Account. We will send you a confirmation of registration electronically. By using, accessing, or utilizing the DiaWiser Platform, even if you do not set up a User Account, you accept and acknowledge these Terms and Conditions.
5.3. We will store the contractual text of the agreed Terms and Conditions. However, we do not assume any obligation regarding the availability of the agreed terms to the User.
5.4. We recommend that our Users use "strong" passwords for their User Accounts (strong passwords consist of a combination of numbers, upper and lower case letters, and symbols). When registering your User Account or providing us with other information, you confirm that the information provided is accurate and complete. If there are any changes to the information later on, you agree to promptly update it and notify us of such changes.
5.6. You are responsible for maintaining the confidentiality of your login information and any activity that occurs in your User Account. If you suspect that your User Account has been misused, you agree to notify us immediately by emailing email@example.com.
6.2. We grant you personal access to and use of the DiaWiser Platform. You are not allowed to transfer this right to anyone else, or to sell, give away, or transfer your User Account to anyone else. Your right to access the DiaWiser Platform does not prevent us from granting access to other individuals.
6.3. Your right to use the name "DiaWiser" or any trademarks, logos, domain names, or other distinctive marks is limited to the scope defined in these Terms and Conditions.
6.5. As a User, you agree to refrain from the following behaviors, unless they are appropriately permitted under these Terms and Conditions or mandatory copyright law, where necessary for the proper use of the DiaWiser Platform or to achieve interoperability with other programs:
Replicating or copying the DiaWiser Platform, in whole or in part.
Selling or making the DiaWiser Platform, in whole or in part, available to anyone else.
Modifying the DiaWiser Platform, in whole or in part, in any way.
Attempting to discover or access the source code of the DiaWiser Platform, in whole or in part, unless it has been expressly published by us and released into the public domain.
6.6. You acknowledge that we, and/or the entities that have granted us a license, hold all confidential information, rights of use, exploitation, and recovery, as well as any other intellectual property rights, fully or partially, related to the DiaWiser Platform.
Your use of the DiaWiser Platform
7.1. In addition to other provisions in these Terms and Conditions, this section establishes certain regulations regarding the use of the DiaWiser Platform (referred to as "Regulations").
7.2. The following activities are prohibited when using the DiaWiser Platform:
Circumventing, disabling, or manipulating any security features of the DiaWiser Platform or any features that prevent or restrict the use or copying of the content available through the DiaWiser Platform.
Creating multiple User Accounts on the DiaWiser Platform, except when the platform functionality allows linking social networks or other supported accounts with the User Account.
Providing false or misleading information in the User Account details.
Allowing anyone else to use the DiaWiser Platform on your behalf or in your place.
Using the DiaWiser Platform when your right to use it has been temporarily suspended or prohibited by us.
Sending junk mail, spam, or repeated messages.
Acting in an unlawful or illegal manner.
Modifying, interfering with, hacking, or disrupting the DiaWiser Platform or intercepting messages.
Misusing the DiaWiser Platform or introducing viruses, trojans, worms, logic bombs, or any other harmful content that may damage the DiaWiser Platform or any other user's equipment.
Extracting data from the DiaWiser Platform except as permitted under these Terms and Conditions.
Posting or contributing abusive, threatening, obscene, misleading, untruthful, or offensive content, or content that contains nudity or violence in any form.
Entering information or comments about any third-party without their consent.
7.3. Non-compliance with the Regulations listed in paragraph 7.2 constitutes a material breach of these Terms and Conditions. In such cases, we reserve the right, at our sole discretion, to take the following measures, individually or in combination:
Immediate or temporary suspension, or permanent withdrawal of the right to access the DiaWiser Platform.
Sending a warning to you.
Initiating legal proceedings against you, including a claim for reimbursement of costs and expenses incurred due to the breach (including reasonable administrative costs and legal fees).
Disclosing information to law enforcement authorities, if permitted by law and deemed necessary by us.
7.4. Our response to a breach of agreement by you is not limited to the actions described in paragraph 7.3. We are entitled to take further action in accordance with these Terms and Conditions and/or applicable statutory law.
Termination of our contractual relationship
8.2. You have the right to stop using the Diawiser Platform and terminate your agreement with Diawiser at any time, including if you do not agree with proposed changes to the Diawiser Platform or these Terms and Conditions. You can deactivate your User Account by following the instructions on the Diawiser Platform. If you access the Diawiser Platform via the Diawiser App, you can delete your User Account through the settings menu.
8.3. If we choose to terminate your agreement with us, we will provide you with a two-week notice period.
8.4. Both parties retain the right to terminate the agreement for cause. We may terminate the agreement if you violate material contractual provisions, particularly those outlined in paragraph 7.2, or if it is reasonable to assume that you are making improper use of our services. If there is a valid reason, we may also block your access to the Diawiser Platform without notice, provided that no other less severe measure is effective.
Our promise to you
9.1. Any information on symptoms provided to you in text form through the Diawiser Platform is for informational purposes only and is provided by Diawiser "as is," without any warranty, guarantee, or representation of any kind.
9.2. It is important that you do not take any action solely based on the information provided by the Diawiser Platform. You should consult a doctor or other medical professional before making any decisions regarding your health.
9.3. Due to the nature of the internet and technology, we cannot guarantee uninterrupted and fault-free use of the Diawiser Platform at all times, nor can we guarantee that it will always meet your expectations. Therefore, we assume no obligation regarding the performance or availability of the Diawiser Platform in these Terms and Conditions. We explicitly exclude any strict liability for defects in the Diawiser Platform that existed at the time the agreement on the use of the Diawiser Platform was concluded between you and us.
9.4. Our liability for any damages incurred through the use of the Diawiser Platform is limited to cases of intent and gross negligence. We may also be held liable for the negligent breach of material contractual obligations, which are essential for the proper execution of the agreement and upon which you should reasonably rely. In such cases, our liability is limited to foreseeable damages. We are not liable for breaches caused by simple negligence of obligations other than those mentioned above. These limitations of liability do not apply to cases of death or personal injury, nor do they affect any liability under the German Product Liability Act.
10.1. Any links to third-party websites or resources provided within the Diawiser Platform are for informational purposes only.
10.2. We have no control over the content of these third-party websites or resources, and we are not liable for the content or information provided on those websites or resources. We are not responsible for any financial or physical damages you may incur as a result of using or accessing these third-party websites or resources.
10.3. Please note that the availability of the Diawiser App is dependent on the third-party platform from which you downloaded it (such as the App Store). These Terms and Conditions apply to your contractual relationship with Diawiser and not to your relationship with the App Store.
Diawiser Platform updates
11.1. We continuously update and improve the Diawiser Platform to provide you with innovative services and features. We make these updates to keep up with evolving technologies, user behaviors, and internet usage patterns.
11.2. We reserve the right to change or update specific features of the Diawiser Platform, reset certain features, or suspend support for specific features. These changes may affect your use of the Diawiser Platform, including the removal, modification, or reset of features you utilize. We will notify you separately of any changes and your rights regarding those changes, provided you have signed up for notifications (as outlined in paragraph 12.3).
11.3. Updates may be released periodically by us or through the App Store from which you downloaded the Diawiser App. You may be required to update third-party software to continue using the Diawiser Platform.
Changes to these Terms and Conditions
12.1. We reserve the right to amend, Diawiserpt, or supplement these Terms and Conditions periodically. The current version of the Terms and Conditions can be found on our website (Diawiser.lt).
12.2. Changes to these Terms and Conditions may occur due to the addition of new features to the Diawiser Platform or changes in legislation or applicable regulations.
12.3. We will notify you of any changes or additions to these Terms and Conditions at least 30 calendar days before they take effect. If you do not object within 30 days of receiving the notice, the changes or additions will be considered effective and agreed upon from the specified deadline. In our notice of changes to the Terms and Conditions, we will inform you of your right to object and the consequences of doing so. If you object to the amendment within the specified timeframe and it is legally, economically, or technically unreasonable for us to continue providing the Diawiser Platform, we may terminate the agreement no earlier than the effective date of the amendment stated in the notification. Any other right of termination remains unaffected.
Documents governing the contractual relationship between you and us
The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply and are completely replaced by the current version.
Applicable legislation and jurisdiction
14.1. Our headquarters are located in Germany, and the agreement based on these Terms and Conditions is subject to the laws of the Federal Republic of Germany. However, in agreements between traders and consumers, the provisions of the law of the consumer's habitual residence may apply if certain conditions are met.
14.2. Disputes arising from your use of the Diawiser Platform will be exclusively settled by the courts of Germany.
14.3. Diawiser does not participate in dispute settlement proceedings before a consumer arbitration board, but the European Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr.
15.1. By accepting these Terms and Conditions, you consent to us communicating with you electronically, such as via email or other forms of text as defined in § 126b of the German Civil Code.
15.2. We may send you notices electronically to the email address you provided during sign-up or through other electronic means available on the Diawiser Platform.
15.3. The failure to enforce our rights under these Terms and Conditions does not constitute a waiver of those rights.
15.4. If any provision of these Terms and Conditions becomes void or unenforceable, the remaining provisions will remain in effect.
15.5. Only the contracting party itself has the right to enforce contractual provisions.
If you need to contact us regarding these Terms and Conditions or any other mentioned document, please email us at info@Diawiser.lt.