Terms of Service
describes how D Sharp Mobile Software Corporation (“Us” or “We”)
Information we collect
We collect the following information about you when you visit our website or use the Service:
Personal information – upon registration we collect personally identifying information about you such as your name, sex, age, and contact information. We also collect information about how you treat your diabetes.
Other information – we use Google Analytics to collect anonymous information about internet traffic on our site.
In order to work effectively, the Service requires that we collect information about our users on an ongoing basis. It is your responsibility to ensure that the information you provide is complete, accurate, and up-to-date. We will not seek out information about you from third parties, such as your health care providers.
Uses of Personal Information:
We use the information we collect about you in the following ways:
We store information on your behalf;
We create reports and provide analysis based on the data you provide us;
We calculate and provide you with estimated insulin dosages and make dietary recommendations;
We use your contact information to send reminders and service-related communications;
We aggregate anonymous user information to create global reports about our community of users.
Disclosure of Personal Information
We will never disclose your personal information to third parties except to law enforcement or other authorities as required by law or court order.
In the event of non-payment, we reserve the right to provide a third party collection agency with your contact information in order to recover past due accounts.
Working with Third Parties
We work with third parties in the provision of the Service and to maintain our website. In particular, we use third party vendors and hosting partners to provide the necessary hardware, networking, storage, and related technology required to run the Service. Although we own the code, databases, and all rights to the Service and our Website you retain all rights to your data. All of our agreements with third party service providers are governed by strict confidentiality requirements and none of these providers have an independent right to use or disclose your personal information for any purpose other than in accordance with your use of the Service.
The Service is a cloud-hosted application and your information may be stored on servers in jurisdictions outside Canada, including the United States of America.
To operate effectively, the Service requires that we communicate with you on an ongoing basis through e-mail and SMS. You will receive service-related communications from us; however, the type and frequency of these communications can be controlled through your user account. You may also receive communications regarding changes to the Service. You will not receive communications promoting products or services that are not run by us.
Compliance with Privacy Law
We are not a “health information custodian” within the meaning of the Ontario Personal Health Information Protection Act, 2004. As such, we are not regulated under that Act. However, we are committed to protecting your privacy in the way we collect and handle your personal information and to operating in compliance with applicable privacy laws.
By using the D Sharp website,
General Information and Disclaimer
D Sharp is a web application intended to assist you in managing your diabetes. In order to work effectively, D Sharp requires that you provide accurate information and that you keep this information up-to-date. D Sharp IS INTENDED TO BE USED IN CONJUNCTION WITH OTHER MEANS FOR MANAGING DIABETES AND IS NOT INTENDED TO REPLACE THESE OTHER MEANS, SPECIFICALLY, D Sharp IS NOT A REPLACEMENT FOR SUPERVISED MEDICAL CARE FROM A QUALIFIED HEALTH CARE PROFESSIONAL. THE INFORMATION AND CALCULATIONS PROVIDED TO YOU THROUGH D Sharp ARE NOT A SUBSTITUTE FOR ANY MEDICAL ADVICE OR OPINIONS YOU MAY RECEIVE FROM YOUR HEALTH CARE PROVIDERS. WE STRONGLY RECOMMEND THAT YOU CONSULT WITH YOUR DOCTOR BEFORE USING D Sharp AND THAT YOU USE D Sharp UNDER THE SUPERVISION OF YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROFESSIONAL.
When using D Sharp, you understand and agree that:
- You are solely responsible for protecting your user name, password, and for preventing unauthorized access to your account.
- You will notify us if you lose the mobile device used to access D Sharp or if you have any other reason to believe the security of your account has been, or could be, compromised.
- You will provide us with accurate information and keep your information up-to-date. We will not seek out information about you from third parties, such as your health care provider.
- D Sharp is a service intended to assist users with the management of diabetes and is not a substitute for medical care from a qualified health care provider. We strongly recommend that you consult with a physician before using D Sharp and that you use D Sharp under the supervision of a qualified health care provider.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM A CHANGE IN YOUR HEALTH OR ANY COMPLICATIONS ARISING DIRECTLY OR INDIRECTLY FROM YOUR DIABETES OR THE TREATMENT OF YOUR DIABETES.
We will use reasonable efforts to ensure that D Sharp is available twenty-four hours a day, seven days a week. However, there will be occasions when D Sharp will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Furthermore, D Sharp has no control over the availability of any Third Party Service, which may impact your use of the provision of D Sharp. Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control. YOU AGREE THAT WE WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT, OTHER CONTENT OR ANY THIRD PARTY SERVICE.
Disclaimer of Warranties
D Sharp IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
- THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE APPROPRIATE FOR MANAGING YOUR DIABETES;
- THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR
- THE USER EXPERIENCE AND QUALITY OF ANY SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH YOUR USE OF D Sharp WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
You hereby agree to indemnify and hold us, our shareholders, directors, officers, employees, agents, representatives, vendors and business partners, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to:
- Your use of our website and D Sharp; and
- Any breach or alleged breach of these Terms.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms.
Intellectual Property: Our website and D Sharp contain materials which are owned by us or licensed to us to use. This includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited without our explicit permission. By accepting these Terms, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of D Sharp Mobile Software Corporation.
Our website and D Sharp are accessible worldwide; however, we make no representation that D Sharp is appropriate for use in jurisdictions outside of Ontario, Canada. If you choose to access this site from another jurisdiction you do so on your own initiative and are responsible for compliance with local laws.
Entire Agreement and Governing Law
These Terms constitute the entire agreement between you and us regarding your use of the website and D Sharp and supersedes all prior agreements and understandings with respect to that use.
These Terms are to be governed and construed exclusively in accordance with the laws of Ontario, Canada. Each party agrees and hereby submits to the exclusive personal jurisdiction of the Courts of Ontario with respect to any dispute arising from or relating to the subject matter of these Terms or directly or indirectly arising from the use of any product or service provided by D Sharp.
We reserve the right to make changes to these Terms unilaterally, without notice to you. Any changes will appear promptly on our website.
Notices, Questions, and Inquiries
Please send any notices, questions, or inquiries to:
77 Metcalfe Street
Aurora, ON, L4G 1E7
(c) 2018 D Sharp Mobile Software Corporation. All rights reserved.