Terms of Use

Terms and Conditions of Use ("Terms of Use")

 

1.         Introduction to Diabattle and Acceptance of these Terms of Use: The website www.diabattle.com.br and/or related application ("Diabattle") were developed by N8 Soluções Inteligentes Ltda. (CNPJ 20.951.317/0001-10) and/or its controlling, controlled and affiliated companies ("N8") to allow users with diabetes to log and monitor data on blood sugar and insulin levels, as well as on their eating habits and physical activities. By accessing and using Diabattle, user wins points to join in one or more competitions among users (as described on Diabattle), in order to encourage constant monitoring of his/her blood sugar and insulin levels, physical activities and healthy eating. In addition, user will have access to other services offered and available on Diabattle or by means of any Diabattle platform, interface or device ("Services"). By accessing Diabattle, participating in competitions and/or using the Services, you, individual, older than 16 years old (or duly authorized by at least one parent or represented by a legal guardian) in the form prescribed by law ("User") acknowledges and accepts with the terms and conditions below, which govern access to and use of Diabattle and of the Services, accompanied by the Privacy Policy and other documents, as amended and published on Diabattle on a regular basis and that will be an integral part of these terms and conditions of use by reference.

2.         User Registration: User shall be solely and exclusively liable for any information provided for purposes of registration and for keeping his/her data and password secret and confidential before third parties. User acknowledges and accepts that the following, including but not limited to, shall not allowed: (a) to provide any personal information that is not true, complete, accurate and up to date (in particular with regard to name and identification); (b) to register on behalf of third parties or using third party’s name or information, without the prior and express written consent from such third party; (c) to access and/or disclose information about Diabattle or N8, other Users or third parties, without authorization, or in to violate the intimacy and/or privacy of any individual in any way; (d) to use any file, computer program, software or code that may contain virus, bug or any other mechanism that may: (i) prevent, harm or limit in any way the proper operation of hardware and software products, access to the Internet and to Diabattle and/or use of the Services or (ii) imply or cause unauthorized access to confidential information owned by N8 and/or other Users, by Diabattle or the Services. Diabattle and/or N8 may refuse or cancel registration of any User who, at N8’s discretion, fails to comply with these Terms of Use or may be providing false, incomplete or inaccurate information. Any User who has his/her registration cancelled for breach of these Terms of Use will not be allowed to make new registrations. N8 may require confirmation of the truth, accuracy and update of any information. N8 undertakes to maintain the User’s personally identifiable information as confidential in the form prescribed by its Privacy Policy. Nevertheless, User acknowledges and accepts that N8 cannot ensure secrecy and confidentiality of any and all information provided and/or disclosed by User in or by means of Diabattle or in any other way (including by means of questions and/or suggestions submitted). User shall be solely responsible for any information he/she may provide on or by means of Diabattle or in any other way. Due to Diabattle’s structure and the nature of the Services, N8 cannot guarantee the Users’ identity, the authenticity or accuracy of any content, material or information that the User may come to access, receive, acquire or use in any way through Diabattle or the Services and, therefore, cannot be held liable for any content, material or information of third parties or other Users, nor for the use or destination the User may give to them.

3.         User’s Responsibilities: User shall be solely and exclusively liable for any and all content, material or information (including personal information, images and videos) that he/she may provide, upload, disclose, publish or transmit directly for purposes of access, registration and/or use of Diabattle or the Services ("User Content"), being fully liable for the truth, accuracy, update and legality of the User Content. Any and all User Content provided, uploaded or disclosed in any way on Diabattle or through the Services shall be the User’s sole liability and N8 cannot be held liable for any misrepresentation, inaccuracy, error or omission in the User Content.

User acknowledges and accepts that by providing, uploading, disclosing, publishing or transmitting any User Content directly for purposes of access, registration and/or use of Diabattle or the Services, User hereby grants to N8 a royalty-free, non-exclusive, transferable, worldwide right and authorization to use, copy, edit, modify, reproduce, create derivative works, as well as to distribute, disclose, process and use any User Content (in whole or in part) in any way, whether in connection with Diabattle or any of the Services, or in connection with any of N8’s businesses or activities. User represents and warrants to be the titleholder of all rights and authorizations required to provide, upload, add, disclose, publish or transmit the User Content, as well as to grant to N8 the rights over the User Content mentioned above, without breaching any rights to privacy, intimacy, intellectual property or any other third parties’ rights.

4.         Services: Services consist on offering and making access to and use of Diabattle application available to Users so as to allow Users to log and monitor data about their blood sugar and insulin levels, eating habits and physical activities, as well as to compete with other Diabattle Users, and to access findings resulting from monitoring performed using Diabattle. Therefore, Diabattle only encourages Users to constantly monitor their blood sugar and insulin levels, as well as healthy eating habits and physical exercises, without interfering with the actual monitoring or its quality, which shall be made exclusively by the User and, thus, N8 cannot be held liable for any error or negligence on the part of Users with the monitoring nor with any health issues deriving therefrom. Access to and use of Diabattle are free of any charges (including registration fees). Diabattle may, at any time and at its sole criteria, change Diabattle’s access and use policy to start charging for its use and any such change will become effective thirty (30) days counted as of written notice to Users.

5.         Diabattle Intellectual Property: User acknowledges and accepts that the Services and Diabattle constitute and/or encompass patents, trademarks, computer programs, copyrights and other industrial properties, trade secrets and/or confidential information, which are and will remain sole property of N8, its other Users and/or suppliers, which are protected by local laws and international treaties governing intellectual property ("Diabattle Intellectual Property"). Subject to the provisions of these Terms of Use, N8 hereby grants to the duly registered User a personal, non-transferable and non-exclusive license for non-commercial use of Diabattle, the Services and Diabattle Intellectual Property then available. These Terms of Use do not assign or transfer to User any rights related to Diabattle Intellectual Property. User is forbidden to decode, decompile, disassemble, reverse engineer or in any way acquire or attempt to acquire the concepts, source code or algorithms used in any component or part of Diabattle Intellectual Property, the Services or Diabattle, directly or through third parties. Likewise, User is forbidden to: (a) sell or attempt to sell, lease, sublicense or in any way transfer or use any right to access and/or use Diabattle, the Services, Diabattle Intellectual Property or rights granted to the User under these Terms of Use; and (b) do or attempt to do any of the following: reproduce, modify, translate or create derivative work of Diabattle, the Services and/or any Diabattle Intellectual Property, unless with the prior written consent of N8 and/or the respective titleholder.

6.         Limitation of Warranty: User acknowledges and accepts that Diabattle is not offering any medical or health service and that use of Diabattle or the Services does not imply any warranty that User will maintain or improve his/her physical condition or health and does not preclude follow-ups and consultations with medical professionals. User acknowledges and accepts that use of Diabattle and the Services is offered without warranties of any kind, expressed or implied, including, but not limited to, any warranty that Diabattle will operate uninterruptedly or free of errors, or of fitness for a particular purpose. N8 cannot warrant that any and all Diabattle Intellectual Property or User Content will always be available on Diabattle or through the Services. N8 reserves itself the right to suspend or cancel User’s access to Diabattle or to any of the Services in case User, at N8’s discretion, violates any technical specification, security rule, legal provision, these Terms of Use and/or any third parties’ rights.

7.         Suspension of Access/Cancellation of Services: N8 shall have the right to suspend access to and/or cancel use of Diabattle or of any of the Services at any time and regardless of cause or reason, upon written notice to the User at least forty-eight (48) hours in advance. Without prejudice to any other applicable measures, N8 may suspend access to and definitively cancel the User’s account at any time upon written notice with immediate effect in case: (i) N8 receives a court order requesting cancelation of the User’s account; (ii) N8 receives any information or complaint from another User or from third parties reporting improper use by the User of data or personal information of any other User or third parties; (iii) the User fails to comply with any provision of these Terms of Use and other Diabattle’s policies. Likewise, the User may cancel his/her registration and, as a result, his/her access to and use of Diabattle and/or of all or any of the Services, at any time and regardless of cause or reason, pursuant to the instructions set forth on Diabattle. It is hereby agreed that in the event of cancelation of Diabattle’s use or of any of the Services, the User will not be entitled to reimbursement or refund of any amounts paid and it is hereby agreed that the provisions of these Terms of Use that are of a perpetual nature will survive cancelation of access to and use of Diabattle and of the Services.

8.         Limitation of Liability: Under no circumstances will Diabattle and/or the Services involve diagnostics, consultations or medical procedures, which will have to be arranged by User with medical professionals duly qualified for such purposes. Diabattle will not be held liable for any adverse effect on User’s physical conditions or health. User will be solely liable and undertake to hold N8 harmless and to indemnify N8 in connection with any claim, lawsuit, losses and/or damages in any way related to or resulting from: (a) any failure to comply or breach of applicable laws or provisions of these Terms of Use; (b) access to or use of Diabattle and/or of the Services by the User or by third parties that may have enabled access to and use of his/her account; (c) any User Content that may be uploaded into Diabattle or through the Services. Notwithstanding any provision otherwise set forth in these Terms of Use, on Diabattle or in any notice or message addressed to the User, under no circumstances will N8 be liable before User or any third party for loss of data or information, moral damages, loss of profits or any other indirect damages. Without prejudice to the above, the User acknowledges and agrees that N8’s aggregate liability before the User and/or any third party for any losses and damages related to the access to and/or use of Diabattle and/or of the Services will not, under any circumstances, exceed the amount actually paid by the User to access and use Diabattle and/or the Services.

9.         Integral Agreement: These Terms of Use constitute the entire agreement between the User and N8 with regard to the access to and use of Diabattle and governs use of the Services, superseding any prior agreements and understandings between the User and N8.

10.       Applicable Laws and Venue: These Terms of Use are governed by the laws of the Federative Republic of Brazil. The parties hereby elect the courts of the city of São Paulo/SP to solve any issues and/or controversies related to the access to and use of Diabattle, the Services or the provisions of these Terms of Use, with the exclusion of all others no matter how privileged they may be.

 

 

Privacy Policy

 

1.         Introduction

N8 Soluções Inteligentes Ltda. (CNPJ 20.951.317/0001-10) and/or its controlling, controlled and/or related companies ("N8") respects the privacy and protects personal data of individuals and, for this reason, developed this Privacy Policy, which aims to clarify the practices to be adopted to collect and process information to be provided by any individual using ("User") the site and/or Diabattle application ("Diabattle"), in particular with regard to privacy and to User’s personally identifiable data ("Personal Data"). User must fully read this Privacy Policy prior to using or submitting any information through Diabattle. This Privacy Policy encompasses any form of processing Personal Data collected when User access or uses Diabattle and/or any services offered or made available on Diabattle or through any Diabattle platform, interface or device ("Services").

Users younger than sixteen (16) years old shall only access and use Diabattle upon specific authorization from at least one of the parents or a legal guardian. Diabattle reserves itself the right to request proof of age of any User, at any time, to confirm if access and use are in compliance with the terms of this Policy, as well as to cancel any noncompliant accounts.

By accessing or using Diabattle, the User agrees to be bound to this Privacy Policy and authorizes processing of information (including Personal Data) according to the terms of this Privacy Policy, which shall be governed by Law Nº 13.709/18 (General Personal Data Protection Law).

2.         Personal Data collected by Diabattle

Information (including Personal Data) shall be collected upon the User’s registration with Diabattle, including User’s username, e-mail and date of birth.

Diabattle will also collect information relative to User’s health, to wit: (i) type of diabetes; (ii) date in which diabetes was identified; (iii) blood sugar (level, date and time); (iv) insulin (name, date and time); (v) carbohydrate ingestion (quantity, date and time) e (vi) practiced physical exercises (type, date and time), which will be used for Diabattle’s actual operation and/or Services.

User may access his/her account on Diabattle at any time to correct, add or delete information, including Personal Data.  

User warrants that all information (including Personal Data) provided is true and accurate. User shall be fully liable for such information and undertakes to keep it duly updated. Cookies may be sent to the device used by the User upon access to Diabattle in order to improve its performance and customize the User’s access experience. User is totally free to block such cookies but doing so may prevent access to the customized experience and the User may not be able to use certain features on Diabattle.

The following information will be stored for security and/or statistical purposes upon access to and/or use of Diabattle by the User: (i) names of Internet access and services providers; (ii) form of access to Diabattle; (iii) the User’s IP address; and (iv) geographic region, date and time of access.

Diabattle may also collect information (including Personal Data) about the User, third parties who ensured to have secured the User’s consent to provide such information or information that the User disclosed to the general public and/or free of charge. By way of example, Diabattle may collect and use demographic information generally available to the public at a given jurisdiction or credit checking information, subject to the applicable laws.

By clicking here, the User acknowledges that Diabattle may collect Personal Data and accepts with how this information will be processed and shared pursuant to the provisions of this Policy.

3.         Storage and Duration of Processing

Diabattle is headquartered in Brazil and the information (including Personal Data) collected from the User will be stored by Diabattle in its servers and/or in the servers owned by Tightdb, Inc., a company retained by Diabattle to provide cloud computing services named Realm (https://realm.io), located in San Francisco, California, in the United States.

Information (including Personal Data) provided by the User will be retained during the whole period of time the User holds an active account on Diabattle or as required to provide Services to the User and for an additional period required to allow: (i) the User to recover its account in case he/she decides to resume it after cancellation, (ii) Diabattle to comply with agreements and/or with the applicable laws and regulations; (iii) Diabattle to review its operations and/or Services, always subject to the applicable laws. For further information on where and for how long the information (including Personal Data) will be stored, as well as on opt-out and transfer rights, please send an email to the person in charge of data protection on Diabattle at diabattleapp@gmail.com.

When Diabattle is no longer required to process the User’s information (including Personal Data) pursuant to the provisions of this Privacy Policy or, upon express request from the User to delete his/her information, Diabattle will delete or anonymize such information, subject to the applicable laws.

4.         Processing Purposes

Information (including Personal Data) collected by Diabattle will be used for the following purposes: (i) to operate Diabattle and/or provide Services to the User; (ii) to activate the User’s registration and keep it updated; (iii) to better understand the User’s requirements, concerns and interests, as well as to develop, improve and customize Diabattle, the Services and/or the content provided to the User; (iv) to allow the User to recover his/her information; (v) to enable communication with the User for purposes of support, customer service or feedback; (vi) to send upgrades, notices and/or additional information related to Diabattle and/or the Services, as well as to inform about novelties or implementation of new features; (vii) to improve Diabattle’s usability and interface; (viii) for statistical analysis by means of anonymization of Personal Data in the form prescribed by the applicable laws; (ix) to release communications and/or marketing campaigns, as well as special partner offers; and/or (x) to comply with the applicable laws and regulations.

User acknowledges and accepts that any information and Personal Data provided by the User may be disclosed, in whole or in part, to reply to court orders and/or judicial proceedings, as well as to inquire and/or to take any measures against any alleged wrongful activity or violation of this Privacy Policy, the Terms of Use or applicable laws. In any other case, the User will be previously consulted about disclosure of any information provided.

5.         Transfer of Personal Data

Diabattle will not sell or transfer Personal Data, except in accordance with the terms of this Privacy Policy. Diabattle will not disclose Personal Data to third parties for independent use, unless: (i) the User requests or consents to it; (ii) the information has to be disclosed in order to comply with applicable laws or search warrant, subpoena and/or court order; (iii) required to comply with an agreement with the User or to protect Diabattle’s rights, property or integrity, as well as its employees, Users or others; (iv) required to cope with emergencies, acts of God or force majeure events; (v) required to solve disputes, claims or to allow people with legal authority to act on behalf of the User; or (vi) such information is required to allow Diabattle’s suppliers or service provider to perform activities on behalf of Diabattle.

In the latter case, Diabattle has partnered with several service providers whose services and/or solutions supplement, facilitate and/or improve Diabattle and/or the Services. They include, but are not limited to: (i) application analysis services (Google Analytics for mobile apps); (ii) data analysis services (Google Analytics); (iii) cloud hosting services (i.e., Realm); (vi) e-mail marketing services (Mailchimp); (vii) payment processing services (Apple Store); and (viii) business, financial and legal consulting services. These service providers may receive or have access to Users’ Personal Data in any other way for specific purposes and shall only be able to use such information for the above mentioned purposes. In any way, Diabattle, as controller of Personal Data collected from Users, shall remain liable for processing performed by service providers, except in case of circumstances beyond its reasonable control.

Certain User’s account information, including username, level and points may be disclosed to other Users to optimize Diabattle and/or the Services or to meet a Services related request. The username may also be disclosed to other Users if and when the User sends messages and/or comments through Diabattle and/or the Services, and other users may also contact such User by means of messages and comments.

Considering that the information (including Personal Data) collected from the User will be stored by Diabattle in its servers and/or in the servers owned by the cloud computing services provider located in the United States, User acknowledges and accepts that Personal Data may be transferred to the United States for processing. In any event, Diabattle clarifies that it shall only collect and transfer Personal Data to the United States: (i) with the User’s consent; and/or (ii) to enable Diabattle to operate and to provide Services to the User.

User acknowledges and accepts that Diabattle may purchase and/or sell assets, as well as share and/or transfer User’s information (including Personal Dara) as part of such transactions and/or as of its effective date. Likewise, in case Diabattle (and/or its assets or part of them) is purchased by a third party, terminate its activities, files for court reorganization or bankruptcy, or yet, undergoes a change of control, the User acknowledges and accepts that Personal Data may be accessed, transferred and/or purchased as assets by such third parties (including during preliminary stages, such as due diligence).

6.         Security of Personal Data

Diabattle shall adopt all reasonable physical, technical and administrative precautions to protect the information (including Personal Data) provided by the User, which shall be stored in a secure environment and protected with commonly used security systems. Access to information (including Personal Data) collected is restricted to authorized individuals with a need to know such information, who will also have to abide by this Privacy Policy.

7.         User Rights

To the extent permitted by the applicable laws, the User may contact Diabattle to: (i) confirm that Personal Data is being processed; (ii) access Personal Data; (iii) correct Personal Data incomplete, inaccurate or outdated; (iv) anonymize, block or delete Personal Data unnecessary, excessive or treated in violation of the applicable laws; (v) carry Personal Data to other service provider or product, subject to trade secrets; (vi) delete Personal Data processed without consent from the respective titleholder; (vii) obtain information about sharing of Personal Data; (viii) obtain information about the possibility of lack of consent and its consequences; (ix) revoke consent in the form prescribed by the applicable laws. For such purposes, the User will have to contact the person in charge of data protection on Diabattle at diabattleapp@gmail.com and Diabattle will reply within a reasonable period of time and in accordance with the applicable laws.

7.         Hyperlinks

This Privacy Policy applies exclusively to Diabattle and not to access to third party sites, even if the User has been directed to such third party sites by means of links available on Diabattle. Therefore, the User is advised to check the applicable privacy policy and terms of use when directed to external sites prior to providing any information.

8.         Amendments

This Privacy Policy may be subject to occasional amendments but the current version will always be available on Diabattle for regular consultation by the User. Access to and use of Diabattle after any amendment to this Privacy Policy constitutes acceptance of such amendments by the User. In case an occasional amendment reduces the User’ rights, his/her express consent will be required again.

9.         Governing Law and Venue

This Privacy Policy shall be governed by the laws of the Federative Republic of Brazil. The parties elect the courts of the city of São Paulo/SP to solve any issues and/or controversies related to the access to and use of Diabattle, the Services or any provision of this Privacy Policy, with the exclusion of all others, no matter how privileged they may be.

10.       Questions and/or SuggestionsIn case the User has any issues and/or comments about this Privacy Policy he/she may send an email to the person in charge of data protection on Diabattle at diabattleapp@gmail.com.