Feetsee

Feetsee™ for At-Home Use

The following Terms of Use is a legal agreement between You and (Diabetis) for the use of the Feetsee device with its software and all related components (Feetsee), the Feetsee website (the Site) and the Mobile application (the App), as well as any related products and services, including their source code, features, content, accessories, generated material and/or linked Diabetis’ webpages, offered from time to time by Diabetis in connection with the Feetsee, the Site and/or the App (collectively altogether Feetsee Products and/or Services).

BY ACCESSING AND USING AND/OR REGISTERING TO THE SITE AND PURCHASING AND/OR USING FEETSEE PRODUCTS AND/OR SERVICES YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY ALL OF THESE TERMS OF USE.

PLEASE READ THESE TERMS OF USE ALONG WITH OUR PRIVACY POLICY AND OTHER ACCOMPANYING DOCUMENTATION CAREFULLY. YOU MAY NOT USE FEETSEE, UNLESS YOU AGREE TO THE TERMS OF USE, WHICH MAY CHANGE AS THE RELEVANT PRODUCT AND/OR SERVICE EVOLVES.

1. DEFINITIONS

References to “Feetsee device” or “Feetsee At-Home” in these Terms of Use refer to the foot monitoring device for periodic evaluation of the temperature over the soles of the feet for signs of inflammation, which is not a replacement for a physical examination by a qualified healthcare professional and should not be used independently for diagnosis or in replacement of healthcare plans. Feetsee device consists of the Thermal Camera (Camera), Feetsee Software (Software), and Feetsee Stand for the feet (Accessory).

References to “Feetsee” or “Feetsee Products and/or Services” in these Terms of Use refer to the Feetsee At-Home with its software and all related components, the Site and the App as well as any related products and services, including their source code, features, content, accessories, generated material and/or linked Diabetis’ webpages

References to “Diabetis” or “we” or “us” or “our” in these Terms of Use are to Diabetis JSC, which is the company providing Feetsee Products and/or Services.

References to “You” in these Terms of Use are to the users of Feetsee Products and/or Services (including, if applicable, any legal entity which you represent or act for).

References to “the Site” in these Terms and conditions are to this website and its contents.

2. ACKNOWLEDGMENTS

The Terms of Use apply to all Feetsee Products and/or Services by Diabetis related to Feetsee device and its maintenance through the Site and/or the App.

Diabetis reserves the right to modify the Terms of Use at any time as needed with a prior notice about the essential updates or changes. All such revisions shall take effect immediately upon posting of the updated Terms on the Site and/or App (if applicable) unless otherwise stated. You should periodically check these Terms of Use for updates. Any use of the Site and/or the App (if applicable) after the effective date of any changes will constitute your acceptance of such changes.

Before registering at the Site and/or downloading the App, you are requested to create your user account by using your email address as the account name and by creating a password as part of Diabetis security procedures. You are responsible for all activities conducted using your account.

Diabetis processes information about You in accordance with the Privacy Policy.

DIABETIS IS NOT A MEDICAL CARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE.

Certain elements of Feetsee device or the Site and/or the App (if applicable) may be provided by third parties, which may be governed by third-party terms and conditions. You agree to comply with all terms and conditions applicable to such third-party elements, in addition to the terms and conditions contained in these Terms of Use. DIABETIS MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY ELEMENTS.

3. PRODUCTS

3.1. FEETSEE DEVICE

Feetsee At-Home is the device provided exclusively to patients and healthcare providers for periodic evaluation of the temperature on the soles of the feet and provides information indicating when the patient (user) should communicate with his/her healthcare provider for further evaluation of any localized inflammation observed over a patient’s feet.

Feetsee At-Home device consists of the Thermal Camera (Camera), Feetsee Software (Software), and Feetsee Stand for the feet (Accessory).

The Feetsee At-Home is an in-home, daily-use device that measures the temperature over a patient’s feet and wirelessly transmits the temperature data to Diabetis, which processes and stores the data in the Feetsee Cloud. Feetsee Software displays the results of the processing of the data obtained from the Thermal Camera, and informs the user whether or not inflammation signs were observed over the user’s feet. The Feetsee At-Home system is intended to be used by a patient in conjunction with a healthcare professional for periodic evaluation of the temperature over the soles of the feet for signs of inflammation. Feetsee At-Home can also be used in clinical environments. It is intended for people aged 18 and above, who are at risk of inflammatory conditions or injuries to the foot. It is for prescription use only.

The Feetsee At-Home is not a medical device and does not provide medical advice, service, or care. You should not solely rely on the Feetsee At-Home for the diagnosis or treatment of any health problems or disease. You should follow the advice of your health-care providers and consult with them on a regular basis.

3.2. FEETSEE SITE AND THE APP

The Site and the App (if applicable) include information regarding Diabetis, as well the use of Feetsee At-Home and tracking its data through Your or healthcare specialist’s (if applicable) account. All rights in and to the content made available on the Site at the user account and/or the App (if applicable) are reserved to Diabetis unless such data is Your personal data (the processing of Your personal data is detailed in our Privacy Policy).

4. INTELLECTUAL PROPERTY RIGHTS

4.1. GENERAL RESTRICTIONS

The Feetsee At-Home, the Site, the App, it’s content and any and all intellectual property rights pertaining thereto (including without limitation, any all intellectual property rights relating to the Feetsee device), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered, are owned by and/or licensed to the Diabetis and are protected by applicable copyright and other intellectual property laws and international conventions and treaties.

All rights not expressly granted to You hereunder are reserved by Diabetis and its licensors (if any).

“Feetsee” and any of Diabetis marks and logos and all proprietary identifiers used by us in connection with Feetsee Products and/or Services are trademarks, service marks and trade names of Diabetis, whether or not registered. No right, license, or interest to such marks is granted hereunder. Other names that are mentioned on Feetsee Products and/or Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You hereunder.

The use of Feetsee Products and/or Services provided to You are subject to the following restrictions: (a) You shall not re-sell, license, lease, rent, transfer, reproduce, distribute, or otherwise commercially exploit the Feetsee At-Home system or any portion of the system thereof, (b) You shall not modify, adjust, merge, make plagiaristic works of, decompile, disassemble, or reverse engineer any part of the Feetsee At-Home; (c) You shall not use any means, including but not limited to programming or script, to mine the data or other content associated with the Feetsee At-Home; (d) You shall not use Feetsee Products and/or Services to build a similar or competitive device, application, tool, or other product or service; (e) except as expressly stated herein, no part of Feetsee Products and/or Services may be copied, distributed, downloaded, or transmitted in any form or by any means; and (f) You shall not change, remove, or destroy any copyright notices or other proprietary markings present on or in Feetsee Products and/or Services.

However, Diabetis grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and/or the App for Your individual, non-commercial purposes, with that grant conditioned on Your strict compliance with these Terms of Use.

DO NOT USE THE SITE AND/OR THE APP TO SUBMIT OR POST ANY INFORMATION THAT YOU DEEM CONFIDENTIAL OR IN WHICH YOU CLAIM OWNERSHIP RIGHTS. YOU HEREBY GRANT AND CONVEY TO DIABETIS AN UNRESTRICTED WORLDWIDE AND FREE LICENSE TO USE ANY INFORMATION SUBMITTED BY YOU THROUGH THE SITE AND/OR THE APP FOR ANY PURPOSE, INCLUDING MARKETING AND ALL OTHER COMMERCIAL USES UNLESS SUCH DATA ARE CONSIDERED TO BE YOUR SENSITIVE PERSONAL DATA.

4.2. OWNERSHIP

Except Your personally identifiable data, Diabetis and its suppliers own all rights, title, and interest in and to Feetsee Products and/or Services and all intellectual property rights related to Feetsee Products and/or Services.

You warrant Your intention to use the the Products and/or Services for internal use only and will not be purchasing Feetsee Products and/or Services with the intent to resell or distribute it.

5. DATA PROTECTION

Diabetis is aware of the responsibility that comes with Your use of Feetsee Products and/or Services. As part of the services, You acknowledge and agree that You will be required to provide Diabetis with certain information – not only do You provide us with general personal data but also with data on Your health, which may apply certain proprietary methodologies for analysis, processing, and transmission of such information.

An explanation regarding the information that Diabetis collects from You appears in Privacy Policy, which further informs You about the use and protection of Your data in connection with using Feetsee Products and/or Services.

The Site and/or the App (if applicable) also include information regarding Diabetis as well as content such as contact information, videos, text, logos, images, data compilations, links, other specialized and technical content, know-how and other features obtained from or through the Site and/or the App (if applicable). All rights in and to such content made available on the Site and the App (if applicable) are reserved to Diabetis.

6. NO MEDICAL ADVICE

Diabetis is not a healthcare institution or medical facility. Neither Diabetis nor Feetsee Products and/or Services does give medical advice or diagnosis, and You should not rely on any of the information from Feetsee At-Home, the Site, and/or App (if applicable) as if it were personal medical advice. All content and media on the Feetsee At-Home and/or the Site and/or the App (if applicable) is created and published online for informational purposes only.

The Feetsee At-Home is not a replacement for a consultation and examination by a qualified healthcare provider and should not be used independently for any monitoring or diagnostic purposes. You should continue following your health care provider’s advised healthcare plan and doing regular self-examinations. The measurement of plantar foot temperature with Feetsee At-Home is not a representation of Your internal body temperature, and it should not be used to evaluate a fever or Your overall health. The precision and quality of a scan may be affected, for example, if You move Your feet during a scan or if You did not follow the instructions of acclimatization.

The content and results from Feetsee Products and/or Services is not intended to be, and is not, a substitute for professional medical advice, diagnosis, or treatment.

You are solely responsible for following foot care recommendations and communication with Your healthcare providers, including the interpretation of any data, and any communication with the healthcare providers, made by You as the result of the use of Feetsee Products and/or Services. You acknowledge that image capture, image processing, and image display also depend on Your specific smartphone or tablet hardware environment and corresponding system settings, which are beyond Diabetis’ reasonable control. Diabetis does not warrant that the image presentation through Feetsee Products and/or Services will be free from any hardware-based display errors such as image distortions, color deviations, or poor contrast and brightness values. IT IS THE SOLE RESPONSIBILITY OF YOU AND ANY OTHER USER TO ANTICIPATE THE POSSIBILITY OF SUCH DISPLAY ERRORS IN INTERPRETING IMAGES AND FEEDBACK RECEIVED THROUGH FEETSEE PRODUCTS AND/OR SERVICES.

Always seek the guidance of Your doctor or other qualified health professional with any questions You may have regarding Your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something You have read on the Feetsee At-Home and/or the Site and/or the App (if applicable). IF YOU CHOOSE TO RELY ON ANY INFORMATION PROVIDED BY DIABETIS, YOU DO IT SOLELY AT YOUR OWN RISK. All clinical and medical treatment, diagnosis, and/or billing decisions are Your own responsibility.

Diabetis does not guarantee that: (i) You are fully trained on Feetsee Products and/or Services use, maintenance, or operation or (ii) training will satisfy any licensure or accreditation. You must ensure Your full qualification in the use and operation of Feetsee Products and/or Services.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF FEETSEE PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK.

When using Feetsee Products and/or Services, information will be transmitted over the internet. Accordingly, Diabetis assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Feetsee Products and/or Services. You assure You are aware Feetsee Products and/or Services may not work in all areas with limited wifi connectivity or for all individuals. Consultation with Your health-care provider regularly to confirm whether Feetsee Products and/or Services is transmitting appropriate data and for physical examinations is Your obligation.

Feetsee Products and/or Services are provided on an "as is" basis. DIABETIS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

(a) DIABETIS MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE FEETSEE WILL BE APPROPRIATE FOR YOU OR MEET YOUR REQUIREMENTS; (2) YOUR USE OF FEETSEE PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS, INCLUDING ANY ADVICE, COMMUNICATION, OR SUPPORT THAT MAY BE OBTAINED FROM OR IN CONNECTION WITH USE OF FEETSEE PRODUCTS AND/OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY TECHNICAL OR OTHER ERRORS WILL BE CORRECTED. Feetsee Products and/or Services is not a replacement for a consultation or a physical examination by a qualified healthcare provider and should not be used independently to diagnose inflammation, foot ulcers, or other diseases, complications, or conditions.

(b) DIABETIS DOES NOT GUARANTEE THE EFFICACY OF FEETSEE PRODUCTS AND/OR SERVICES OR ANY INFORMATION PROVIDED THROUGH FEETSEE PRODUCTS AND/OR SERVICES. NO RESULTS OF ANY KIND ARE GUARANTEED.

(C) NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM DIABETIS OR THROUGH FEETSEE PRODUCTS AND/OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

We may use third-party services to help us provide Feetsee Products and/or Services, but such use does not indicate that we take responsibility, endorse them, or are liable for their actions.

NO LIABILITY FOR CONDUCT OF THIRD PARTIES

YOU ACKNOWLEDGE AND AGREE THAT DIABETIS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE DIABETIS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING HEALTH CARE PROVIDERS OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF HARM OR INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

We are not liable for anything that happens to You that somehow may be connected to Your use of Feetsee Products and/or Services.

Diabetis does not warrant or represent that the Feetsee At-Home and/or the Site and/or the App (if applicable) and its content is free of errors or defects. All information included in the Site and/or the App (if applicable) is subject to change at any time, and Diabetis is not liable for any damages based on or resulting from the modification, suspension, or discontinuation of the website.

8. INDEMNITY

To the maximum extent permitted by law, in no event will Diabetis or its suppliers and licensors be liable to You or any third party for any direct, special, incidental, consequential, punitive, or indirect damages (whether in contract, tort (including negligence), or otherwise), which include, without limitation, damages for personal injury, lost profits, lost data and business interruption, arising out of the use or inability to use the software, website, and services, even if they have been advised of the possibility of such damages.

Diabetis will have no liability for errors, unreliable operation, or other issues resulting from use of the Feetsee Products and/or Services or in connection with rooted or jailbroken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system. Use of Feetsee Products and/or Services will be at Your sole and exclusive risk and liability.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DIABETIS AND ITS SUPPLIERS AND LICENSORS AND THE THIRD PARTIES HARMLESS FROM ANY LIABILITY, LOSS, DAMAGE, CLAIM, AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, RELATED TO YOUR VIOLATION OF RULES USING FEETSEE PRODUCTS AND/OR SERVICES OR FOR ANY CLAIMS MADE AGAINST DIABETIS BY ANY THIRD PARTY ARISING FROM YOUR USE OF THOSE. YOU AGREE YOUR INDEMNIFICATION OF DIABETIS INURES TO THE BENEFIT OF THE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF LICENSOR, AND ITS SUCCESSORS IN INTEREST.

9. TRANSFER OF THE RIGHTS

We may transfer our rights and obligations under these Terms of Use to another organization, but this will not affect Your rights or our obligations under the Terms of Use.

If Diabetis fails to insist that You perform any of Your obligations under these Terms of Use, or if we do not enforce our rights against You, or if we delay in doing so, that will not mean that we have waived our rights against You and will not mean that You do not have to comply with those obligations. If we do waive a default by You, we will only do so in writing, and that will not mean that we will automatically waive any later default by You.

10. REGISTRATION AND THE USE OF THE SITE AND/OR THE APP (IF APPLICABLE)

10.1. REGISTRATION

Once you have acquired Feetsee At-Home and have received registration code and start to use the Site / download and use the App (íf applicable) Diabetis will ask for and collect personally identifiable and other information about You. Diabetis may use a third-party service provider to provide services as detailed in Privacy policy.

By registering at the Site / downloading and starting to use the App (íf applicable), You take sole responsibility for all the content You submit, and all of such content You submit must be Your own. You represent and warrant that the content You submit does not (i) defame any party; (ii) violate any party’s copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary or personal right; (iii) contain any material or information furnished to You in confidence or with the understanding that it would not be disclosed or published (including, but not limited to, any confidential information related to the business of Your employer, colleagues, or clients); or (iv) otherwise violate any applicable law or regulation. You additionally represent, warrant and covenant that You are under no obligation that would in any way interfere with the disclosure or use of any content You submit unless such content is qualified as Your personal data which is the priority of Diabetis to keep confidential.

Since You are downloading the App from a third-party platform, service provider, or distributor Your use of the App may also be governed by usage rules which the platform provider may have established and which relate to Your use of the App.

10.2. PASSWORD PRIVACY

The password chosen on first log-in will be evaluated regarding its compliance with appropriate security standards by Diabetis software.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to Your passwords or accounts. It is Your sole responsibility to (i) control the dissemination and use of activation codes and passwords; (ii) promptly inform Diabetis of any need to deactivate a password.

You grant Diabetis and all other persons or entities involved in the operation of Feetsee Products and/or Services the right to transmit, monitor, retrieve, store, and use Your personal information in connection with the operation of Feetsee Products and/or Services. Diabetis cannot and does not assume any responsibility or liability for any information You submit, or Your or third parties' use or misuse of information transmitted or received using Feetsee Products and/or Services.

In order to protect the security of Your personal data available on Your account to the greatest extent possible, You must safeguard and not disclose Your account log-in details and You must supervise the use of such account. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED TO DIABETIS AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

11. RULES OF CONDUCT

When accessing or using Feetsee Products and/or Services You agree that, in addition to any other terms, rules or guidelines that may be included in these Terms of Use, that You will not undertake the following actions, each of which shall constitute a material breach of these Terms of Use: (i) Using Feetsee Products and/or Services for any purpose in violation of local, state, national, or international laws; (ii) Distributing computer viruses or other harmful computer code;
(iii) Allowing any other person or entity to use Your identification for using Feetsee Products and/or Services.

Diabetis reserves the right (but is not obligated) to do any or all of the following:
(i) Investigate an allegation that any action using Feetsee Products and/or Services does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the user; (ii) terminate a user's access to Feetsee Products and/or Services upon any breach of these Terms of Use.

12. NOTICES

By providing Diabetis with Your email address and phone number, You agree to receive required notices electronically in relation to Feetsee Products and/or Services by using that email address. It is Your responsibility to update or change Your email address as appropriate.

Diabetis may contact You periodically at the phone number You provide us upon registration regarding Your use of Feetsee Products and/or Services, including when we notice trends relating to Your use (or non-use) of device; to schedule follow-up appointments, and training and support appointments; and to communicate instructions from Your healthcare provider.

13. MISCELLANEOUS

You acknowledge and agree that Diabetis may restrict, alter or reduce services, or modify these Terms of Use or any policy, agreement or other terms referenced in the Terms of Use at any time by providing to You a revised version of the Terms of Use or the respective document ("Revised Terms") in accordance with section below.

These Terms of Use, and all matters arising out of or relating to these Terms of Use, shall be governed by the laws of the Republic of Lithuania. Any legal action or proceeding relating to these Terms of Use shall be instituted solely in the courts of the Republic of Lithuania within the jurisdiction of Vilnius city.

14. EVENTS OUTSIDE OUR CONTROL

Diabetis will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms of Use that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.

If an event outside our control takes place that affects the performance of our obligations under these Terms of Use our obligations under these Terms of Use will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control; and we will use our reasonable endeavors to find a solution by which our obligations under these Terms of Use may be performed despite the event outside our control.

15. OTHER

Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.