Terms and Conditions for your use of the Hedia Application

1 Terms of use

Your use of the Hedia Application (the “Application”) is governed by this agreement entered into between you and Hedia IVS CVR 37664618, Blegdamsvej 36, 2200 København N (the “Application Provider”).

1.1 Please read the following information carefully. By clicking “Agree” You agree to the following terms and conditions:

2 License

2.1 Subject to the terms and conditions of this agreement, Application Provider grants to you a free of charge, non-exclusive, non-transferable, revocable license to use the Application for the purpose of receiving suggestions for insulin intake and related use.

2.2 Any use of the Application outside the license specifically granted by Application Provider constitutes an infringement of Application Provider’s intellectual property rights and is a material breach of this agreement.

3 Restrictions on License

3.1 Except as otherwise specifically permitted in this agreement, you may not:
(i) modify or create any derivative works of the Application;
(ii) copy the Application except as provided in this agreement or elsewhere by Application Provider;
(iii) separate the Application, which is licensed as a single service, into its component parts;
(iv) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any software product of the Application (except to the extent applicable laws specifically prohibit such restriction);
(v) redistribute, encumber, sell, rent, lease, sublicense or otherwise transfer rights to the Application. You may NOT transfer the Application under any circumstances; or
(vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Application.

4 Safety Information

4.1 Before commencing use of the Application, you should always discuss the use of the Application with your diabetes educator or physician. You should only use the personal settings if you agree with them.

4.2 The suggested insulin dose calculated by the Application is intended only as a guide. If you are in any doubt about the recommended insulin dose, you must follow the advice of your diabetes educator or physician.

4.3 The suggested insulin dose will be invalid if you enter incorrect data or have not recorded any insulin dose or hypo events which occurred in the preceding 6 hours. The suggested insulin dose is only valid for the person for whom the Application has been personalised.

4.4 Do not rely on the insulin dose calculation:
(i) When using the Application, you agree that the Application Provider is not providing you with medical advice. The Application is intended only as a guide for convenience.
(ii) You must confirm that the dose calculated by the Application is in accordance with that recommended by your physician or diabetes educator.

5 Disclaimer

5.1 Whilst every reasonable attempt has been made by the Application Provider to ensure that the calculated insulin dose is accurate, the Application cannot take account of all the many variables that impact on the life of a person with diabetes and on resulting blood glucose levels. The Application Provider does not guarantee the accuracy of the results provided by the Application.

5.2 As the Application is provided free of charge, the Application is licensed “as is”. Application Provider expressly does not warrant that the service will meet your requirements or that operation of the service will be uninterrupted or error free, hereunder that you will have continued access to the Application or any data within the Application at any time.

6 Limitation of Liability

6.1 To the fullest extent permitted by law the Application Provider:
(i) excludes all liability in respect of loss of data, adverse health consequences, or any consequential or incidental loss that you may suffer as a result of using the Application; and
(ii) excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these terms and conditions.

6.2 The Application Provider’s total aggregate liability for all claims relating to these terms and conditions is limited to the replacement cost of the Application.

6.3 These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, the Application Provider limits its liability in respect of any claim to, at the Application Provider’s option to:
(i) the replacement of the Application; or
(ii) the payment of the replacement cost of the Application.

7 Processing of Personal Data

7.1 Application Provider will process your personal data. By entering into this agreement, you give your consent to your personal data being processed as set out in this clause 7.

7.2 Processing will be performed by Application Provider as a data controller and by Application Provider’s sub-suppliers as data processors.

7.3 Your personal data will be processed in compliance with Danish data protection legislation.

7.4 Personal data which may be processed includes:
(i) any personal information which you register in the Application, hereunder contact information, gender and age provided that you register this information;
(ii) if you log into the Application via your facebook account, we may receive the personal data mentioned under 7.4(i) directly from facebook;
(iii) any data related to your insulin intake which you register in the Application, hereunder e.g. suggested and actual insulin doses, blood glucose levels, activities performed and food intake; and
(iv) data related to your use of the Application, e.g. which buttons you press, which pages you view etc.

7.5 Your personal data will be processed for the purposes of:
(i) suggesting insulin doses to you through the Application;
(ii) analyzing the impact of your activities and your food intake on your insulin use and provide personalized advice hereupon.
(iii) creating anonymized statistics; and
(iv) enhancing the features of the Application. For this purpose (iv), only data about your use of the Application will be used, i.e. not any health data.

7.6 We will only transfer your personal data to our sub-suppliers, e.g. our hosting providers, and only for the purposes described under clause 7.5.

7.7 You have the right to have insight into which data is processed about you and to have any such data corrected or deleted if the data is incorrect or unnecessary. To make use of this right, you can contact Application Provider on:
hello@hedia.dk
You can always file a complaint about the processing of your personal data to the Danish Data Protection Agency through their website: https://www.datatilsynet.dk/borger/klage-til-datatilsynet/

8 Changes

8.1 Application Provider may change the terms of this agreement from time to time. Such changes will be effective 30 calendar days after Application Provider’s notice of such changes to you:
(i) on Application Provider’s website; or
(ii) by means which Application Provider finds appropriate.

9 Complaints and feedback

9.1 You are always welcome to provide suggestions or feedback to us on hello@hedia.dk.

9.2 As a consumer, you can under certain conditions file a complaint with the Consumer Complaints Board (in Danish “Forbrugerklagenævnet”) by contacting Forbrugerklagenævnet, Konkurrence- og Forbrugerstyrelsen, Carl Jacobsens Vej 35, 2500 Valby or through the website http://www.forbrug.dk/Klagemuligheder/Klager-over-koeb-i-Danmark/Klag-online.

9.3 In order to file a complaint, you can also use EU’s online dispute resolution platform: http://ec.europa.eu/consumers/odr/.