Last reviewed: May 2023
1. Application Owner
Name: IGLUCO TECH, S.L. (hereinafter “IGLUCO TECH”).
Address: Av. de la República Argentina 25, 8th Floor, 41011 Seville (Spain).
Contact email: info@glucube.com
IGLUCO TECH is the owner of GLUCUBE APP ("App," "Application") and makes this App available to users to provide information about its products and as a means of contact.
An updated list of countries where the application is available and where the EULA applies is included in Annex I.
2. User acceptance
This End User License Agreement (“EULA,” “License”) constitutes a formal agreement between the user and IGLUCO TECH. By accessing or using the Application, including downloading or using content, the user fully agrees to comply with this EULA.
The user must read this EULA carefully and then click the "I ACCEPT" button at the bottom of the page to indicate that they fully understand and accept the terms stipulated in this EULA and agree to comply with them. If the user does not agree with this EULA, they may refrain from using the Application. IGLUCO TECH reserves the right to modify this EULA at any time without prior notice.
The current version of the EULA will appear on the IGLUCO TECH website. If the user experiences any technical problems regarding viewing this EULA on the electronic device, they can find an exact duplicate of this EULA at https://www.glucube.com
This Application is licensed for use by IGLUCO TECH under the terms of this License, but IGLUCO TECH does not sell it and reserves all rights not expressly granted. IGLUCO TECH retains ownership of all rights, title, and interest in and to the Application. Except for the limited rights and licenses expressly granted under this EULA, nothing in this EULA grants you or any third party, by implication, waiver, estoppel, or otherwise, any intellectual property or other rights, title, or interest in or to IGLUCO TECH’s intellectual property.
The App may provide links to third-party websites and applications, such as social media applications (e.g., Facebook, Twitter, among others). Use of such third-party websites, applications, and other products and services is subject to different terms of use not present in this EULA. The user acknowledges and agrees that IGLUCO TECH is not, and will not be, responsible for third-party websites, applications, products, and services, nor any act or omission of such third parties.
3. General Rules
The user agrees that by using the Application, they will comply with (1) all applicable laws; (2) this EULA; and (3) the end user license agreement of the licensed application platform by which the application may be governed (e.g., Google Play or Apple Store). Specifically, and without limitation, the user agrees not to:
- Use the Application in any illegal manner or in a way that promotes or encourages illegal activities, including (but not limited to) intellectual property infringement; or
- Attempt to gain unauthorized access to the Application or any network, server, or computer system connected to the Application; or
- Modify, adapt, translate, or reverse engineer any part of the Application or reformat or frame any part of the pages that make up the Application, except as expressly permitted by this EULA or by law.
- Use the content and information obtained through the App to send advertising, direct sales messages, or for any other commercial purpose, or to collect or store personal data of third parties.
The recommendations and technical information provided in this Application are derived from various tests and studies conducted by IGLUCO TECH; however, during product application, various factors beyond our control may occur.
The user agrees to indemnify IGLUCO TECH in full and on demand for any loss, damage, cost, or expense they suffer or incur directly or indirectly as a result of using the Application in any way that is not in accordance with this EULA.
4. Improvements and updates
IGLUCO TECH may, at its sole discretion and when deemed appropriate, provide improvements, updates, or new versions of this Application according to its standard terms and conditions. This EULA will also apply to such improvements and updates.
5. Access to this Application
We do not guarantee that this Application or any feature or content within it will always be available or uninterrupted, and access to this Application is permitted on a temporary basis. We may suspend, withdraw, interrupt, or change all or part of this Application without prior notice.
You are responsible for making all necessary arrangements to access this Application and agree that there are inherent risks in software, hardware, and internet connections that could result in data interruptions or errors with respect to data transmitted or displayed through this Application, regardless of measures taken to mitigate or avoid such situations.
You are also responsible for ensuring that all persons who access this Application through your internet connection are aware of this EULA and any other applicable terms and comply with them.
6. Location Information
For the connection between the GLUCUBE measurement device and the Application, we will ask you to enable certain features on your mobile device to grant IGLUCO TECH the ability to collect your exact geolocation. If you agree to this collection, we will use this information to improve our products and services, including our device placement strategy. Please review our Privacy Policy for details regarding the information IGLUCO TECH collects and how it uses and discloses such information.
7. Personal Data Protection Policy
IGLUCO TECH, in the event of processing Personal Data, will only use the personal information in accordance with the terms of the Privacy Policy. By using the App, the user acknowledges and agrees that they have read and accepted the terms of the Privacy Policy included on the following website: https://www.glucube.com/en_GB/politica-de-privacidad-web.
8. Intellectual Property
All content provided in the App, and more specifically images, designs, texts, figures, logos, icons, software, trade names, trademarks, industrial designs, or any other symbols susceptible to industrial and commercial use, may be the intellectual property rights of IGLUCO TECH or third parties who have duly authorized their use in the App.
In no case shall it be understood that any license or waiver, transfer, total or partial assignment of such rights is granted, nor is any right or expectation of right conferred to users. Specifically, the translation, reproduction, distribution, or public communication of such content without the prior written authorization of IGLUCO TECH or the corresponding rights holders is prohibited.
9. Not for Medical Advice
IGLUCO TECH IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE. THE APP IS NOT INTENDED TO BE RELIED UPON IN PLACE OF MEDICAL ADVICE OR TREATMENT OFFERED BY A TRAINED HEALTHCARE PROVIDER. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS REGARDING YOUR HEALTH. USERS SHOULD ALWAYS SEEK ADVICE FROM THEIR HEALTHCARE PROFESSIONALS REGARDING ANY QUESTIONS ABOUT THEIR MEDICAL CONDITION. YOU AGREE THAT THIS APPLICATION SHOULD NOT BE USED FOR MAKING MEDICAL DECISIONS. USERS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT DUE TO INFORMATION PROVIDED BY THIS APPLICATION.
Users’ glucose levels may rise or fall to very high or very low levels. Users should follow their healthcare professional's advice regarding these very high or very low blood glucose readings. This Application is designed to help users check if their glucose levels are within their desired range. Users are responsible for communicating their levels and related data and seeking appropriate medical advice.
YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF THIS APPLICATION AND FOR ALL DECISIONS TO TAKE OR NOT TO TAKE ACTION BASED ON ANY DATA PROVIDED OR DISPLAYED BY THIS APPLICATION. THE USE OF THIS APPLICATION IS SOLELY AT YOUR DISCRETION AND RISK. IGLUCO TECH IS NOT RESPONSIBLE FOR ANY DIAGNOSIS, DECISION, OR EVALUATION MADE BY A USER OR FOR ANY INJURIES A USER MAY SUSTAIN AS A RESULT OF ANY DECISION MADE BASED ON INFORMATION PROVIDED OR DISPLAYED IN THIS APPLICATION, OR OTHER CONTENT OF THIS APPLICATION AND DOCUMENTATION.
10. Liability and Warranties
The user acknowledges and agrees that the use of the App and the content included therein is at their own risk and responsibility. The application is provided "as is," and IGLUCO TECH expressly disclaims all representations, conditions, and warranties of any kind, whether express or implied, including, without limitation, warranties of title, merchantability, or fitness for a particular purpose.
IGLUCO TECH is not responsible for direct or indirect damages, loss of profits (including but not limited to loss of profitability), loss or interruption of activities suffered by users that may be caused by (i) interference, omissions, interruptions, viruses, malfunctions, and/or disconnections in the operational performance of this electronic system or users' equipment, caused by factors beyond IGLUCO TECH's control that prevent or delay navigation through the System or access to any part of the App content; and (ii) the inaccuracy, errors, or omissions in the information contained in the App, as IGLUCO TECH does not guarantee that the content of such information is appropriate for the user's individual objectives.
NOTWITHSTANDING ANY LOSSES YOU MAY SUFFER, THE ENTIRE LIABILITY OF IGLUCO TECH UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDIES WILL BE LIMITED TO THE FIXING, REPAIR, OR OTHERWISE RECTIFYING ANY DEFICIENCIES IN THE APPLICATION. NOTHING IN THIS CLAUSE IS DESIGNED TO EXCLUDE ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED, OR WHICH IS AVAILABLE TO A USER IN ACCORDANCE WITH THE NATIONAL LAWS OF THAT USER.
IGLUCO TECH does not control the user's use of the App nor assumes any obligation to monitor the information provided by the user. Specifically, IGLUCO TECH does not guarantee, in any case, that the user will use the App in accordance with the Law, this EULA, or generally accepted morals, customs, and public order, nor that such use will be diligent and prudent.
Nothing in this EULA excludes or limits our liability for death or personal injury due to our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. Unless otherwise prohibited by applicable law, IGLUCO TECH’s liability for any damages or loss of profits, direct or indirect, foreseeable or unforeseeable, incidental, special, punitive, habitual or otherwise, or consequential, whether arising from tort (including negligence), breach of contract, statute, fault in contracting, positive obligation breach, or any other legal concept arising out of or related to: access or use or inability to use this Application; or access to or use of (or reliance on) any content or material displayed on or made available through this Application, is expressly excluded by this document unless the damage is caused by IGLUCO TECH with deliberate intent or gross negligence.
ANY PROVISION IN THIS EULA THAT PROVIDES A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE AND DOES ALLOCATE RISKS BETWEEN THE PARTIES UNDER THIS EULA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS EULA. THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
The user agrees not to rent, lease, sublicense, lend, provide, or otherwise make available the App or the System, in whole or in part, to any person without our prior written consent. The user also agrees not to translate, merge, adapt, vary, alter, or modify, in whole or in part, the App or the System, nor permit the App or the System, or any part of it, to be combined with or incorporated into any other program, except as necessary to use the App and the System as permitted by these terms.
The user also acknowledges and agrees that all information and material, including software, text, data, figures, photos, designs, logos, and icons included in the App, are provided purely for informational purposes and do not establish professional relationships between users and IGLUCO TECH.
The user agrees not to transmit any material that is defamatory, offensive, or otherwise objectionable regarding their use of the App or the System. The user also agrees not to use the App in a way that could damage, disable, overburden, impair, or endanger our systems or security, or interfere with other users’ systems.
The user will not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the system.
11. International Users
Please note that this Application may not be available to users in certain countries due to regulatory restrictions. If you attempt to download this Application and are a resident of a country where its use is not approved, it will not be downloaded.
If you attempt to download this Application or download or use it in a country or region where its use has not been approved, you do so at your own risk, and IGLUCO TECH will not accept any liability for such use.
12. Changes to this EULA
We reserve the right, at our discretion, to change this EULA at any time. If we revise this EULA in a way that materially modifies your rights or obligations, you will be given the opportunity to accept the new terms and conditions. If you accept, the revised EULA will apply to your use of this Application, and it will be binding on you. Irrelevant modifications to this EULA will become effective upon posting. Any disputes arising from this EULA will be resolved in accordance with the version of this EULA that was in effect when the dispute arose. We may update this Application from time to time, and we may change the content at any time. However, please note that any part of the content of this Application may be outdated at any given time, and we are under no obligation to update it. We do not guarantee that this Application or any part of its content will be free of errors or omissions.
13. Governing Law and Jurisdiction
This EULA will be governed by the laws of Spain.
The user expressly agrees, unless they hold consumer status or are subject to a special jurisdiction, to submit to the Courts and Tribunals of Seville for the resolution of any disputes arising from the interpretation or enforcement of these contractual conditions.
14. Contacto
If you have any questions, comments, complaints, or claims regarding this EULA, you can contact IGLUCO TECH by email at info@glucube.com.