QLIC USERS SERVICE – Terms and Conditions (“Terms”) updated March 2021

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR MOBILE DEVICE SERVICE, RELATED WEBSITE AND HARDWARE. 

We, General Systems & Software (Poland) Ltd (herein referred to as “GSS”, "we" or "us"), provide our services (described below) to our users and visitors ("you" or "your") with our health management device (“QLIC Band” or the “Device”), health management mobile device application (“Qlic app” or the "App"), our website(s) (the “Site”) and related services (collectively, such services, including any new features and applications, the "Service(s)" or “Service offerings”).

The Service is available only to users who are at least 18 years old. Under no circumstances should the Service be used by children under 16 years of age, and we will not knowingly collect personal information from any person we know to be in this age group. If you are using the Service for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our Privacy Policy. If you discover that your child has been using the Service without your consent, or that someone has been using the Service for or on behalf of your child without your consent, please contact us using the information below under “How to Contact Us,” and we will take reasonable steps to delete the child’s information from our active databases. You may not provide access to or use the Service or Content (as defined below) thereof for the benefit of third parties or make commercial use of the Service or related Content, but you may use the Service for your personal use subject to this Agreement. Use of and access to the Service is void where prohibited. By accessing and using the Service, you shall ensure that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline and (d) you consent to receiving messages and promotional material offering in-Service purchases.

YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED IN THESE TERMS AND CONCLUDE A LEGALLY BINDING CONTRACT BASED ON THESE TERMS WITH US IF YOU ACCEPT THESE TERMS EXPRESSLY, OR IF YOU DOWNLOAD, USE OR ACCESS OUR APP OR WEBSITE, OR YOU CONNECT A DEVICE TO OUR APP OR YOU USE ANY OF OUR RELATED SERVICES. THESE TERMS CONTAIN IMPORTANT TERMS THAT AFFECT YOUR RIGHTS, INCLUDING DISCLAIMERS AND LIMITATIONS OF LIABILITY.

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN DO NOT DOWNLOAD, USE OR ACCESS ANY OF OUR DEVICE, APP, WEBSITE OR OUR RELATED SERVICES.

Modifications of this Agreement

We reserve the right to update or modify this Agreement at any time. By continuing to use the Service after any such changes, you agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.

Disclaimers

THE APPLICATION IS INTENDED AS A BACKUP PILL OR MEDICATION MANAGEMENT SYSTEM THAT YOU CAN PERSONALISE FOR TAKING YOUR MEDICATIONS. YOU SHOULD NOT AND MUST NOT RELY ON THE APPLICATION AS YOUR PRIMARY TOOL FOR DETERMINING WHETHER AND WHEN TO TAKE MEDICATION. YOUR USE OF ANY ASPECT OF OUR SERVCE IS AT YOUR OWN RISK. YOU MUST CONSULT WITH HEALTHCARE PROVIDERS AND MAKE YOUR MEDICAL DECISIONS BASED ON THEIR ADVICE. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE SERVICES

THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE. THE SERVICE IS NOT INTENDED TO (AND DOES NOT) CREATE ANY PATIENT RELATIONSHIP BETWEEN YOU AND US, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE OR THE RESULTS YOU RECEIVE THROUGH THE SERVICE.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICE WE MAY RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS. YOU SHOULD NOT RELY ON THE SERVICE FOR ANY LIFE-THREATENING CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.

THE SERVICE MIGHT NOT FUNCTION AS INTENDED. SPECIFICALLY, THE SERVICE MAY NOT FUNCTION PROPERLY IF YOUR DEVICE IS BROKEN OR POWERED OFF, IF THE APP IS NOT ENABLED OR IF ANY HARDWARE OR SOFTWARE ON YOUR MOBILE PREVENTS THE SERVICE FROM OPERATING AS INTENDED. THE MAINTENANCE OF YOUR MOBILE AND COMPUTING DEVICES IS YOUR SOLE RESPONSIBILITY. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE USE OF THE SERVICE.

If you use and/or access the Service on or from an iOS device which you or someone else jail broke, GSS shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data. 

We will investigate suspected violations of this Agreement or illegal and inappropriate behaviour through the Service. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behaviour or activities of anyone believed to have violated this Agreement or to have engaged in illegal behaviour. You may request termination of your account at any time and for any reason and you may exercise your rights according to the General Data Protection Regulation (”GDPR”), by sending an e-mail to info@qlicmed.com. More information about your rights pertaining to the GDPR can be found in our Privacy Policy. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.

Access and Use of the Service

Use of the Service requires a computing or a mobile device such as a smart phone or other hardware devices capable of NFC and Internet connectivity and Internet or WiFi access that you have to acquire separately from third parties (hereafter collectively "Computer"). Your ability to use the Service may be affected by the capability and performance of your Computer. Fees and charges may apply to your use the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You acknowledge and agree that meeting such system requirements and for your use of the Internet, any associated fees, charges or expenses, which may be changed from time to time, are your sole responsibility.

You are required to register with us in order to access certain aspects of the Service. If you choose to register for the Service, you are responsible for maintaining the confidentiality and security of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. You are responsible for activities that occur under your account. We will not be liable for any loss or damage arising out of the unauthorised use of your Account. We reserve the right to terminate, disable or not provide all normal features for a particular Account if we suspect or become aware of any unauthorised or unpermitted use of such Account or any part of the Service.

When you use your Device and the Service, you provide information about yourself in the registration process and you cause information relating to your medication adherence and other related data to be transmitted to your Computer and to us, to be processed and stored by us and its affiliated and unaffiliated service providers on our servers. If you do not wish to have your data processed by us in accordance with our policies, you must not use the Service.

You must not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble or otherwise tamper with any security technology or software that is part of the Service or is used to monitor or enforce these Terms. You shall not access or attempt to access an Account that you are not authorised to access. Violations of system or network security may result in civil or criminal liability. Your use of the Device and the App is subject to these Terms and any additional software license terms that accompany downloads, including third party license terms and open source software license terms. Your license rights are non-exclusive, limited, revocable, personal and non-assignable. You may not copy, modify, translate, rent, lease, distribute, lend or sell the Service. You may not remove any proprietary notices or labels. When you visit or use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. By providing us with your email address for an account, you consent to us using the email address to send you Service-Account email notices. Such notices may include, but are not limited to, notices required by law and/or notices of a change in these Terms or our Privacy Policy, and you agree that these satisfy any legal requirement that such communications be in writing. See our privacy policy for more details. We reserve the right to send you marketing and promotional emails. You may opt out of receiving marketing and promotional emails from the Service by following the instructions enclosed within those emails. If you opt out, we may still send you non-promotional emails, such as emails about your account with us or our ongoing business relations. You may also send requests about contact preferences or changes to personal information, including requests to opt out of sharing personal information with third parties, to our contact information below.

Certain content and services available through the Service may include materials from third parties. In addition, we may provide links to certain third party web sites or services. We are not responsible for examining or evaluating the content or accuracy of any such third party material or web sites. We do not warrant or endorse any third party web sites, services or content. We do not assume, and will have no liability or responsibility for any third party products, services, content, materials or web sites. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third party products, services, web sites or other materials in a manner that would infringe or violate the rights of any other party, and that we have no liability or responsibility for your use of any third party products, services, web sites or other materials. You agree to defend, indemnify and hold harmless us and our affiliates, and their respective officers, directors, employees, agents, and representatives from any and all claims arising out of your use of any third party products, services, web sites, or material of any kind.

The Service contains proprietary information and material that is owned by us and/or our licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, domestic and international copyright laws. we and our licensors reserve title, ownership and all rights and interests in the Service, except as expressly licensed in these Terms. You may not use the Service or any information and materials contained therein in any way whatsoever except for use of the Service in compliance with these Terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software or Device, in any manner, nor shall you exploit the Service or the Software or Device in any unauthorised way whatsoever, including, but not limited to trespass or burdening network capacity. 

THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.

Notwithstanding any other provision of these Terms, our licensors and we reserve the rights to change, suspend, remove or disable access to any content, features or other materials comprising a part of the Service at any time without notice. In no event will we be liable for the removal of or disabling of access to any such content, features or materials. We may also impose limits on the use of or access to certain features or portions of the Service, without notice or liability.

All GSS and Qlic logos and trademarks used in connection with the Service are trademarks or registered trademarks of GSS. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. We do not grant you any right or license with respect to any trademarks.

The Service is operated from our offices in Poland and other locations. You agree to comply with all local, state, federal, and national laws, statutes, ordinances and regulations that apply to your use of the Service.

We reserve the right to take steps that we believe is reasonably necessary or appropriate to enforce and verify your compliance with these Terms.

These Terms and all rights and licenses granted herein are effective from the time you accept these Terms until these Terms are terminated. You may terminate these Terms at any time by permanently ceasing your use of the Service and closing your Account, provided that the Terms shall continue to govern any past use the Service and Account. We may update, suspend or terminate your use of the Service and Account effective immediately if you breach these Terms or with reasonable notice to you and subject to any warranty claims you may have in case of termination. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of these Terms, will survive termination of these Terms, regardless of the reasons for termination. Upon termination, you agree to cease all use of the Service. If you fail to comply with any of the provisions of these Terms, we, at our sole discretion, without notice to you may: (i) terminate these Terms; (ii) terminate all rights of your Account; and (iii) preclude you from accessing the Service or any part of it.

Technology

We do not warrant or guarantee that the Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Service, Content, including software, text, graphics, links, or communications provided on or through the use of the Service; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Service. We have no obligation to provide technical support or maintenance for the Service. Although we take reasonable measures to keep the Service free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Service will be free of such contaminations.

License Grant

We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Service, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the App available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:

  • lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the App or the right to download or use the App;
  • use the Service for any commercial purpose or for any commercial or non-commercial public display;
  • copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the App, any App updates, or any part of the App or updates, or attempt to do any of the foregoing;
  • copy, modify or create derivative works of the Service, Documentation any Service or Documentation updates or any part of the Service, Documentation or updates;
  • remove any copyright or other proprietary notices from the App, Documentation, part of the App or from the Site;
  • transfer the Content or materials from the App or Site to anyone else or “mirror” the same on any server;
  • circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict
  • use or copying of any content;
  • use any robot, spider, site search or retrieval Service, or any other manual or automatic device or process to retrieve, index,
  • data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service;
  • harvest, collect or mine information about other users of the Service;
  • post or transmit any virus, worm Trojan horse or other harmful or disruptive element; or violate any applicable law, rule or regulation.

If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.


Waiver and Indemnity

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GSS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OF USE OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS OF USE HAS OCCURRED.

Apple, Inc.

This provision only applies in respect of the version of the App used on devices of Apple, Inc. This Agreement is an agreement between you and us. Apple has no responsibility for the App or the content of the App, including in respect of claims of intellectual property infringement, product liability or that the App does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the App and has no obligation to provide support in respect of the App. All claims in respect of the App must be directed to us and not to Apple. Your use of the App must be in compliance with the App Store Terms of Service, and you may only use the App on an iPhone that you own or control as permitted by such terms. In the event the App fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the App to you. Apple shall be a third party beneficiary of this Agreement with the right to enforce this Agreement against you.

Infringement

We accept no responsibility or liability for any material provided or posted by a user, at his solely discretion. We will make a reasonable effort to monitor and moderate the content posted by users for any obvious illegal content. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to info@qlicmed.com.

Privacy

We respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

Changes to Terms of Service

The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to the terms and conditions described in these Terms. We reserve the right to update or modify the Terms of Services at any time and from time to time without prior notice. Please review this policy periodically. These Terms was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Terms of Services shall indicate your agreement with the terms of such revised Terms of Services.

Contact

Please feel free to contact us to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service. You may contact us as follows:

General Systems & Software (Poland) Ltd.
Chwaszczyńska 9
81-553 Gdynia
Poland
support@qlicmed.com
 

Copyright © 2021, GSS.