Droobi End User License Agreement and Terms & Conditions
Last Updated Date: September, 2019
1. Introduction and Eligibility
Please read this End User License Agreement and Terms & Conditions (the ‘EULA’) carefully before using the Droobi mobile and web application.
Binding Agreement. This EULA constitutes a binding agreement between you and Droobi Health Technology LLC. and its affiliates and subsidiaries governing your use of the App. ‘App’ means our Droobi mobile app (the ‘App’) and all Internet services under the control of Droobi that are operated in connection with the App. ‘Website’ means our Droobi web application for healthcare professional and all Internet services under the control of Droobi that are operated in connection with the Website”. ‘You’ and ‘users’ mean all users of the App. ‘Authorized members’ means the people who have been authorized, authenticated and educated by the Droobi team to access user data. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE APP/WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA.
You may use the App only if you are of legal age (18 years and over) to form a binding contract and are not a person barred from receiving services under the laws of the Qatar or other applicable jurisdiction.
Revisions to Terms. . Droobi Health may revise this EULA at any time by posting an updated version. Your continued use of the App after a change to this EULA constitutes your binding acceptance of this EULA. Notwithstanding the preceding sentences of this paragraph, no revisions to this EULA will apply to any dispute between you and Droobi that arose prior to the date of that revision.
The terms ‘post’ and ‘posting’ as used in this EULA mean the act of submitting, uploading, publishing, displaying, or similar action on the App.
Material Terms. As provided in greater detail in this EULA (and without limiting the express language of this EULA below), you acknowledge the following:
the App is licensed, not sold to you, and you may use the App only as set forth in this EULA;
the Droobi App is provided “as is” without warranties of any kind and Droobi’s liability to you is limited;
disputes arising hereunder will be resolved by binding arbitration. By accepting this EULA, you and Droobi are each waiving the right to a trial by jury or to participate in a class action;
the App may require access to the following services or resources on your mobile device: applicable device identifier, phone state and identity, location, Bluetooth connection, and Internet and data services.
The App is licensed, not sold, to you for use only under this EULA. Droobi reserves all rights not expressly grant rights to you. Subject to your complete and ongoing compliance with this EULA, Droobi hereby grants you a personal, limited, revocable, non-transferable license to use the App solely for your personal, non-commercial use, and to use the Droobi App/Website on any compatible device that you own or control.
You may not publish, distribute, extract, re-utilize, or reproduce any part of the Droobi content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in Droobi’s Terms & Conditions or as permitted by the Qatar State law. Except, as expressly provided in Droobi’s Terms & Conditions and the copyright notice, we grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights. Notwithstanding the foregoing, Droobi does not own the original Personal Information that users input into Droobi website and app.
You may not modify, copy, alter, reproduce, distribute, or make the Droobi App/Website available over a network where it could be used by multiple devices or users at the same time. You may not modify or copy in any way any content you obtain from Droobi, including without limitation, the website; distribute or transmit such content to any third party for commercial purposes; frame, scrape, or otherwise display any of the content of the Droobi on your own or any other website; use such content in any way that is competitive with Droobi or that disparages Droobi; mass distribute such content through electronic or other means; or make any unauthorized use of such content. Such modification, distribution, transmission, display, or use shall constitute a material breach of these Terms & Conditions and infringe Droobi’s copyrights, patents, trademarks, trade secrets, or other intellectual property rights owned by or licensed to Droobi. You may not decompile; reverse engineer or reverse assemble any portion of Droobi or the underlying software. If you download or print any content of Droobi, you agree to maintain all patent, copyright, trademark notices and other notices or statements of proprietary rights appearing on such content and not to remove, obliterate or cancel from view any such notices or statements. Droobi has no right or authority to authorize you to access, use, download, print, copy, modify, display, distribute, or transmit any content of any other website that you may access from Droobi.
You may not rent, lease, lend, sell, redistribute, copy or sublicense the Droobi App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Droobi App/Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or Third Party Terms. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in this EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by Droobi that replace or supplement the original Droobi App/Website or any other portion of the Droobi App/Website, unless that upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
3. Medical Information Disclaimer
The information in the Droobi App/Website is for informational purposes only. This information is in no way meant to be a substitute for medical treatment and may not be construed as medical advice, diagnosis, or treatment. Nothing contained in the Droobi App/Website is intended to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your jurisdiction. If you have any questions or concerns about diabetes treatment or treatment for other medical issues, you should contact your healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information provided in the Droobi App/Website.
4. Third Party Software
The software you download consists of a package of components, including certain third party software (‘Third Party Software’) provided under separate license terms (the ‘Third Party Terms’), which can be found in the documentation for the App or the applicable help, notices, about, or source files. Your use of the Third-Party Software in conjunction with the Droobi App/Website in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
5. Fees and Payment
Droobi account holders can access the product in two ways:
(i) Paid subscription. Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Droobi is authorized to charge the same credit card as was used for the initial subscription fee or other payment method. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(ii). Unique Invite Codes. Users with unique invite codes provided by their healthcare providers can provide them access to Droobi, free of charge to the user.
Changing Price. Droobi reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
Cancellation of services by You. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.
Cancellation of Services by Droobi. We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
PROMOTION AND DISCOUNT CODES
Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
6. Your Account
You can download the Droobi app and self-register to create a new account or you can receive an invitation to download Droobi via email or sms from your healthcare provider.
Your Login Credentials. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur with your credentials. You agree to notify us immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
Cancellation. As permitted under the terms of this EULA, we have the right at any time for any reason or no reason to suspend or terminate your account, terminate this EULA, or refuse all current or future use of the Droobi App/Website without notice, refund, obligation, or liability to you.
7. Location-Based Services
Some of the features of the Droobi App may enable Droobi to access your location in order to personalize your experience with the App based on your location (‘Location-Based Services’). In order to use certain Location-Based Services, certain features of your mobile phone must be enabled, such as GPS, Wi-Fi, and Bluetooth, which enable Droobi to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. By enabling Location-Based Services on your device, you agree and acknowledge that (a) device data we collect from you is directly relevant to your use of the App, (b) Droobi may provide Location-Based Services related to and based on your then-current location, and (c) Droobi may use any information collected in connection with the provision of Location-Based Services in connection with its provision of the App. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND DROOBI DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.
8. Communications - Consent to Receive Email/Phone Communications
You agree to receive email from us at the email address you provided to us for customer service-related and promotional purposes and in connection with providing communications that are features of the Droobi App (e.g., information on new products or features, informational notifications, and motivational alerts). You may opt out of receiving promotional emails by clicking on the unsubscribe link in promotional emails you receive. We may also send you push notifications for those same purposes through the Droobi App.
As a condition of using our Site and/or Mobile App and participating in the Services, you will be required to provide Company with your email address or phone number as part of registration. As part of the Services, you will receive from us email and other communications (e.g., SMS messages, phone calls and push notifications) relating to your use of our Site, the Mobile App and/or your participation in our Services. By disclosing this contact information or otherwise participating in the Services or sending electronic communications through the Services, including the Site or the Mobile App, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls, push notifications or otherwise, that we determine, in our sole discretion, are related to your use of or participation in the Services. As part of using the Services, you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing. Your consent to receive electronic notices, disclosures and communications includes (i) any notice, record or other type of communication or information that is provided to you in connection with your application, registration or enrollment in the Services, (ii) all communications and disclosures relating to your access to, use of or participation in the Services and (iii) all communications and disclosures relating to the Services that we are required by law or these Terms to provide to you. Any electronic communications that we send you will be deemed to have been provided on the date that we deliver the electronic communication to you.
With the exception of the Services, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services, as well as Internet services via the Internet service provider of your choice and any wireless services your require (the “Connections”). This responsibility includes, without limitation, your utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. By checking the checkbox affirming your consent to these Terms, you demonstrate that you can access information that we provide to you by posting electronic communications on the Site or the Mobile App or via email and otherwise confirm that you are able to access and use the Site and the Services and receive emails from us.
In connection with your use of the Services, you understand and acknowledge the following:
There are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Connections, and you hereby expressly assume such risks.
You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems.
You have requested access to the Services, made your own independent assessment of the adequacy of the Connections and Systems, and are satisfied with that assessment.
We are not responsible for any errors or problems that arise from the malfunction or failure of the Connections or the Systems.
We may enable the use of geolocation services with our Mobile App, and we may use this geolocation information to provide features of the Services and to improve and customize the Services. If you do not want us to use geolocation data from you mobile device, you may set your location preferences on your device accordingly.
WHEN YOU CONTACT US BY EMAIL OR TEXT, WE HAVE NO WAY OF PROTECTING YOUR INFORMATION UNTIL IT REACHES US SINCE EMAIL AND TEXT MESSAGING AND THE COMMUNICATION LINES THAT SUCH COMMUNICATIONS TRAVEL OVER DO NOT HAVE THE SECURITY FEATURES THAT ARE BUILT INTO OUR SERVICES AND MAY NOT BE SECURE. BY SENDING ANY INFORMATION TO US VIA THE SERVICES, EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH THE SERVICES, EMAIL, PUSH NOTIFICATIONS OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
Electronic Notices. By using the App, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App. If we learn of a security systems breach, we may attempt to notify you electronically by posting a notice via the App or sending an email to you.
9. Droobi’s Copyright
The contents of the Droobi App/Website include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and Droobi content (collectively, the ‘Droobi Content’). All Droobi Content and the compilation (meaning the collection, arrangement, and assembly) of all Droobi are the property of Droobi or its licensors and are protected under copyright, trademark, and other laws.
No Implied Rights. There are no implied licenses granted in this EULA. All rights not granted in this EULA are expressly reserved by Droobi, our licensors, or the copyright owner of any User Content.
10. Intellectual Property Rights and Our License to Use
Droobi Claims No Ownership. The Droobi App may include features that enable you to post certain materials from your device to the App. Except for Droobi Content provided to you on or through the App, you agree that you, solely, are responsible for, and assume all liability and consequences regarding the photos, video, audiovisual, audio, text, and any other media content that you post to or through the Droobi App along with all associated metadata (which may include, without limitation, your device type, applicable device identifier, IP address, phone state, as well as date, time, and application and location data associated with Internet and data services and the creation or submission or a particular piece of content) (collectively ‘Your User Content’).
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Droobi App/Website, any right, title, or interest (including intellectual property rights) in content delivered via the App.
You Must Have Rights to the Content You Post. You represent and warrant that: (a) you own the content posted by you on or through the Droobi App or otherwise have the right to grant the license set forth in this EULA; (b) the posting and use of Your User Content on or through the Droobi App does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (c) the posting of Your User Content on the Droobi App/Website will not require Droobi to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (d) the posting of Your User Content on the App does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person because of posting Your User Content on the App. You also acknowledge and agree that Your User Content is non-confidential.
The Droobi App contains content from users and other Droobi licensors. Except as provided within this EULA, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the App/Website.
11. Intellectual Property Policy
Droobi respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Droobi App/Website.
Droobi’s intellectual property policy is to (a) remove material that Droobi believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Droobi App, and (b) remove any User Content posted to the Droobi App by ‘repeat infringers’. Droobi considers a ‘repeat infringer’ to be any user that has posted User Content to the Droobi App/Website and for whom Droobi has received more than two takedown notices compliant with respect to that User Content. Droobi has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Droobi’s own determination.
12. Consequences of Violating this EULA
We reserve the right to suspend or terminate your account and prevent access to the Droobi App/Website for any reason, including if you engage in activity that, in Droobi’s sole judgment, violates this EULA, without notice and at our discretion. We reserve the right to refuse to provide the Droobi App/Website or any portion thereof to you in the future and we may block or prevent your future access to and use of the Droobi App/Website or any portion thereof.
Droobi may review and remove any User Content at any time for any reason, including if you engage in activity which, in Droobi’s sole judgment: violates this EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, or illegal; or violates the rights of, or harms or threatens the safety of, users of the Droobi App/Website.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the Droobi App/Website.
You are solely responsible for maintaining backup copies of any User Content you post to the Droobi App/Website. We are not responsible for the deletion or unavailability of any User Content.
13. Droobi’s Liability
Changes to the Droobi App/Website. We may change, suspend, or discontinue any aspect of the Droobi App/Website at any time, including hours of operation or availability of the App/Website or any feature, without notice or liability.
Content Accuracy We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Droobi App/Website. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the App/Website. Use the Droobi App/Website at your own risk.
Use of the Droobi App We make no promises and disclaim all liability of specific results from the use of the Droobi App/Website.
Released Parties Defined. ‘Released Parties’ include Droobi and its affiliates, officers, employees, agents, service providers, partners, and licensors.
14. Contact Information
+974 4487 1259