Terms and Conditions of Use

OVERVIEW

The website and the app KiDS t1d.com/ (the "website and the app") is managed by Kids t1d Inc., 8 The Green Suite #5931, Dover, DE 19901, Reg Number: 7711629 (doing business as “KiDS t1d” or the "Company"). Throughout the present document, the terms “we”, “us”, “KiDS t1d” and “our” refer to KiDS t1d, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all Terms, Conditions, Policies and Notices stated here.

The present Terms and Conditions are to be viewed as a whole, together with our Privacy Policy document.

Any new features or services which are added to the current website and the app shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website and the app. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and the app following the posting of any changes constitutes acceptance of those changes.

AUTHORITY AND CAPACITY

The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement.

ENFORCEABILITY

This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.

DISCLAIMER

The content we provide via the website and app is provided for general information purposes only. It is not set up to provide specific advice on which you should rely. The website and app is not a substitute for professional medical care by a qualified doctor or other healthcare professional. If you are not a healthcare professional then you should ALWAYS check with your doctor if you have any concerns about your child’s medical condition or treatment and before taking, or not taking, any action on the basis of the content on our website and app. If you are a healthcare professional then this information (including any professional reference material) is intended to support, not replace, your own knowledge, experience and judgement.

We do not endorse any specific products, processes, service providers, diets, or other information that may be mentioned on our website an app (including, those promoted by any advertisers or advertising sponsors).

To the maximum extent permitted by applicable law, nothing in this document will:
- limit or exclude your liability or misinterpretation of the information presented on the website and the app;
- limit any of your liabilities in any way that is not permitted under applicable law;
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph;
(b) will govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.

SECTION 1 – DEFINITIONS

"User" means the person who made the purchase and payment of a Service;
"Registration" or "Register" means the procedure of creating a user account on our website and the app;
"Purchase" means the preliminary contract under which a Buyer and the KiDS t1d company give their consent to the subsequent phase of signing a contract and definitive payment of the amount of the Service purchased;
"Membership" means the status obtained by a user, after having made at least one purchase;
"Service Provider" means a freelancer, a third party that provides specific services directly to the users;
"Provider services" means the services provided by the third-party Service Providers, services that are contracted by the users according to their choice.

SECTION 2 – WEBSITE AND APP TERMS

The website and the app works as a portal for our range of services for children with diabetes. Based on the information you provide, our software will analize and prove you with concludent data about the situation of your child. Accordingly we would deploy the tools and solutions that best fit your child’s situation.

For optimal use of our services, any information or material provided to us through the website and the app by users - both at the time of registration and subsequently - must be truthful, accurate, up-to-date, legitimate and not fraudulent. We may verify the contents of this information or material, but we are not required to, and therefore we decline any responsibility regarding them. Failure to comply with this obligation will result in account suspension. We may retain any amount contractually provided by user until full compliance is met as required by us.

SECTION 3 – SERVICE TERMS

KiDS t1d is an aggregated medical solution for use of the diabetes management system to monitor, log and maintain your child’s type 1 diabetes. With the combination of mobile and web technology you will always have a clear view of your child medical situation in this regard.

Users declare that they understand our contractual position and obligations, and also undertake to use our services in good faith, and to act within the purposes set out by KiDS t1d, without any alteration or interpretation. Any type of misrepresentation of our services will be considered a breach of contract and will result in immediate termination of our services and cancellation of access to your user account, without prior notice.

KiDS t1d will be allowed to send by mail or telephone advertising messages illustrating the newly available services of the company.

SECTION 4 – SERVICES

The users have the option to create an account on our website or through our app, and provide the required data in order to receive the beneficial information. The diabetes management system allows for them to capture fast and easy all the necessary dietary information. This information over time gives the users and and their respective dietitian valuable insight on how certain foods impacts their child’s body. Trends and the effect of foods on your child can be analysed and help in determining the healthiest way forward.

Services provided are as follows:

Meal Planner

The meal planner allows the parent to pre-create meals and input them in the calendar. You input all the necessary carbohydrate information or use the integrated carb counter (Fatsecret™). Teachers, Grandparent or friends & family can simply select the meal, this action will automatically populate the carbohydrate section reducing calculation mistakes.

Calculator

An insulin administration calculator does the mathematics for the user based on your child’s correction and/or carbohydrate ratio. The calculations are shown on the device to confirm the insulin doses are correct before administering.

Hyper / Hypo assistance

The application has a built-in assistant in case of a hyper – or hypoglycaemic event. Should your child experience a hyper / hypo glycaemic event, the teacher, grandparent or family member can simply press a button on the mobile application. This will bring up a to-do list with immediate steps to follow created by you for your child. Once this button is pressed the parents will be sent a notification and you can immediately get in contact with the person responsible for your child.

Admin Portal

Parents have an administration portal that allows them to control who has access to the application. Access can be granted and revoked to children, teachers, family & friends, doctors, dietitians and temporary users. Basal insulin administration information and reminders can be adjusted. Carbohydrate and correction factors can be adjusted as required.

We reserve the right to stop offering user support & service updates to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of our services.

KiDS t1d is the only entity with full administrative access to the services.

SECTION 5 – SERVICE DISCLAIMER

The services are made available online to our users through the http://kidsid.arkasoftwares.co/home website and also through the app that is available to download from Android and iOS App Stores.

The services on the KiDS t1d website and the app are provided “as is”. KiDS t1d provides no warranties whatsoever, of any kind, be they expressed or implied. Furthermore, KiDS t1d does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services.

We reserve the right but are not obligated, to limit access to our services to any entity, on any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services and investments are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time.

SECTION 6 – REGISTRATION

Registration and purchase of the available services are permitted to any company who wishes to conclude legally binding contracts in accordance with its national and the international legislation. The legal representative of the user declares that they have the authorization to enter into a contract with us and we will deny any future implication for false statements by the user.

Registration on the website and the app is intended exclusively for parents’ use. The registered user will be able, at their own discretion, to authorize third parties to use their data on this website and the app.

When registering as a user, you are asked to indicate a series information regarding yourself, but also personal sensitive data (such as health related information).

For the avoidance of doubt, we do not assume any responsibility for the veracity, accuracy or suitability of this information. In addition, the user must promptly notify us of any change in relation to the information provided and is solely responsible for the statements made. The user should always verify that the entered data is correct.

For no reason can we and the website and the app be responsible for the loss or damage of data derived from having used the service or having visited the content of the website and the app itself.

SECTION 7 – ACCOUNT INFORMATION, BILLING AND PAYMENTS

We provide 3 subscription plans for our services, one is free and two are based on with montly payments. Each subscription has implemented the services as follows:

Free plan services:

• - parent-portal
• - meal-planner
• - weekly-reports
• - 1-device-only-for-child

$10/month Plan services:

• - parent-portal
• - meal-planner
• - weekly-reports
• - 1-device-only-for-child
• - reports
• - multiple-childs

$15/month Plan services:

• - parent-portal
• - meal-planner
• - weekly-reports
• - 1-device-only-for-child
• - reports
• - multiple-childs
• - doctor-portal
• - temporary-users-access

The fees must be paid repeatedly, on a monthly basis. The current fees are displayed on our website or in our app, and are due for payment in advance. If payment is not received in full or is late you acknowledge that access to the services may be suspended. Your subscription fee obligation remains unaffected by this. We reserve the right to change the subscription plans costs and services, at our own discretion.

You can purchase our services on our website or via the app. We use Stripe as card payment processor, so third party conditions apply. For any unclarities regarding the processing methods and conditions we encourage you to read their documentation at https://stripe.com/ssa.

SECTION 8 – CONTRACTUAL RELATIONSHIP

Our role is to be able to offer as many services as possible to as many people as possible so that more children can take advantage of this type of services. KiDS t1d is to be viewed a partner to the user, a service provider, not an employee.

SECTION 9 – LICENSE AGREEMENT

A. Platform Usage.

Usage. In consideration of user’s payment for the provided services, KiDS t1d hereby grants to user, and user hereby accepts, a non-exclusive, non-transferable, revocable, limited right during the term of the Service to (i) access and use the System for its internal business purposes in accordance with the terms of this Terms & Conditions; and (ii) permit end-user to access and use the System for user purposes (and not for resale or distribution), each of the foregoing solely in accordance with the applicable terms and conditions of these Terms & Conditions, and any applicable third party licenses and/or terms and conditions referenced in Section C (the User Acknowledgments) (collectively, the "Usage").

B. Usage Restrictions

• user shall not sell, lease, assign, sublicense or otherwise transfer any of the rights contained in the Usage without the prior written consent of KiDS t1d, and any attempt to do so shall be considered null and void.

• user shall not, and shall ensure that no third party given access to the System may modify, adapt, decompile, translate, disassemble, reverse engineer, make derivative works of, or otherwise attempt to derive the source code for, the System. In addition, user shall not remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary right notices that are contained within the System (if any).

• except as expressly permitted herein, user shall not, and shall ensure that no third party given access to the System may (a) copy any portion of the System, including any documentation associated therewith; or (b) sell, rent, lease, lend, or distribute the System, in whole or in part, or use the System to operate in, or as, a time-sharing, outsourcing, or service bureau environment, or in any other way allow any third party (except Traders in the manner set forth in the Agreement) to access or use the System without the express prior written consent of the Service Provider.

Violation of any license restrictions shall give right to KiDS t1d for with or without notice termination of this Agreement.

C. user Acknowledgments. user hereby acknowledges as follows:

(a) user’s failure to comply with the terms and conditions of this Agreement may result in suspension or deactivation of the user's use of the System (as determined in the KiDS t1d's sole discretion) with or without notice; license suspension or deactivation shall not give right to user for funds refund;

(b) the System contains certain third party software components, which are governed, (i) in the case of open source software, solely by their respective licenses; and (ii) in the case of closed-source (proprietary) third party software, by the terms and conditions of this Agreement, which may be supplemented or superseded by the applicable third party KiDS t1d’s terms and conditions, as specified within the documentation provided or made accessible by the KiDS t1d as part of the System;

(c) technical requirements and interface/device feature demands may change from time to time in order to comply with future versions of the System;

(d) any misuse of the System may cause loss and/or damage to user, and in the event that user bypasses or misuses the System, user shall be solely liable for any loss or expense incurred by user or its employees as a result of such bypassing or misuse;

(e) it is critical for user to pay special attention to the features of the System and not operate it without a clear understanding of its operation and of the inherent risks involved.

D. Authorization to Use Third Party Services

The user hereby authorizes KiDS t1d to use third-party Services on user's behalf (the "Authorization"). Third-party Services shall be used on the user’s behalf pursuant to the following: the term of the Authorization shall commence on the later of the Effective Date hereof or the date on which KiDS t1d has been granted access to the third-party Services and shall terminate on the earlier of (i) the termination date of this Agreement; or (ii) the date on which KiDS t1d receives written notice from user or the third-party Services provider that user’s license to use the third-party Services has expired or been terminated (and user undertakes to notify KiDS t1d immediately upon such expiration or termination). No additional third-party Services will be connected to user’s System without the user’s prior approval.

SECTION 10 – CANCELLATION AND SUSPENSION

If the user decides to cancel their membership, they must make a specific request using the contact forms and details found on their user account or request this to their system administrator, as their employer and master user of the corpotrate account.

We expressly communicate that in case of detection of fraudulent activity in the use of the contents of this website and the app, we reserve the right to suspend - refuse - cancel the registration / adhesion to the website and the app of the user who undertakes these actions, sanctioning the offense as punishable by law and delegating all preliminary and ancillary costs to the user who has not observed the correct use of the site.

The company will not be obliged, and there will be maximum autonomy in this sense, to communicate the reason for which the Registration / Membership has been suspended / canceled / refused, in cases of use of the site found to be swollen.

In case of refusal, suspension or cancellation of the registration to the Service for non-compliance with the website and the app's regulation or fraudulent use of it, the user will no longer be able to purchase new services, or subscribe / enroll new users to the purchased services. Already made payments are not refundable. At our own discretion, we will evaluate the user's communication and consequently, we will provide an express reply or motivation in this sense, without being in any way obliged in the action performed. The sending of the communication by the user does not bind us in any way and we will be free to respond or not to the reason for denial.

When the services are terminated, all data and copies of such data will be deleted from KiDS t1ds servers in accordance with our data retention policy, or as per the applicable laws.

SECTION 11 – SETTLEMENT OF DISPUTES

The Users can open a dispute, in relation to a purchased Service, through the appropriate mail procedure.

In case of opening of a dispute by the User:

a) The User is required to indicate in detail the reasons underlying the opening of the dispute;

b) The company receives an email alert containing the reasons for the dispute indicated by the User and draws up a solution;

c) Any feedback published on the website and the app, are temporarily suspended, pending the judgment of merit by the site operators;

d) The user is required to provide us with all the information useful for assessing the incident and to express an opinion on the dispute. All information must be received within 3 working days from the moment they are requested by the website and the app operators;

e) The operators of the website and the app will issue an impartial judgment on the dispute within 30 days from the collection of the information indicated in point c).

In the event of disputes opened outside the established deadlines, the manager of the website and the app will be able to decide whether to proceed with the handling of the dispute or not without any prior notice.

SECTION 12 – INTELLECTUAL PROPERTY

The user hereby acknowledges and agrees that Company and its third-party service providers exclusively own all rights, title and interest in and to the System and the services provided, and any associated documentation, content, and deliverables (collectively, the "Documentation") developed and/or provided during the Services and all Intellectual Property Rights therein. As used herein, “Intellectual Property Rights” means all patents, copyrights, trademarks, service marks, trade secrets, and confidential and proprietary rights therein, and all goodwill associated therewith. The user also acknowledges that the System and Documentation contain confidential and proprietary information and trade secrets belonging to the Company, as well as its third-party service providers, and that nothing herein gives the user any right, title or interest in the System or Documentation except for user’s limited express rights granted by any separate agreements. The user's possession, access, and use of our services do not transfer to the user, or to any third party, any rights, title, or interest in or to such intellectual property rights.

Users must not, without prior written consent from KiDS t1d:

• - Republish material from https://www.kidst1d.com/
• - Sell, rent or sub-license material from https://www.kidst1d.com/
• - Reproduce, duplicate or copy material from https://www.kidst1d.com/
• - Redistribute content from https://www.kidst1d.com/

SECTION 13 – PERSONAL INFORMATION

Your submission of personal information through the website and app is governed by our Privacy Policy.

SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website and the app is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website and the app, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website and the app should be taken to indicate that all information in the Service or on any related website and the app has been modified or updated.

SECTION 15 – SERVICE LEVEL COVENANT

A. Purpose

The purpose of this section is to provide an agreement between us and “the user” as to what constitutes acceptable service in quantifiable and measurable terms. It documents the mutually service objectives, how those objectives will be measured, and the schedule of distribution for the measurements.

The intent of this Service Level Covenant is to ensure the proper understanding and commitments are in place for effective support, measurement and resource planning in the provision of the services.

B. Software Quality

The Service Provider will make reasonable efforts to ensure that the Software is running uninterrupted throughout the duration of this Agreement, excluding reasonable downtime periods required for maintenance, upgrades and security modifications as performed by KiDS t1d and its data center and hosting providers. The Company will notify the user prior to any scheduled maintenance, security or upgrade work performed or its network, hosting or storage providers.

We will apply appropriate process and practices in order to deliver high quality software to the user, containing as few defects as is practical. Defects can include the following:

• Software bugs (e.g. errors or faults in source code or design that cause an application to produce an unexpected result).

• Software that is made up of working code but does not meet the initial requirements laid out by the user and described in the functional specifications.

As we gain increased application and business knowledge, it is expected that we will help the user to plan the better use of applications to meet business goals.

C. Our Responsibilities

• We will provide the services and support as defined in this document.

• We will deal with your requests in a consistent and fair manner.

• We will communicate honestly and openly with you about the progress of our services.

D. Your Obligations

• You will follow the guidance contained or referenced in our services and use our services in the way intended.

• You or someone on your behalf will provide us with timely and good quality information with which to service your request when required.

• You will help with prioritising your requests and be prepared to sponsor your requests.

SECTION 16 – PROHIBITED USES

You may not use our services for any illegal or unauthorized purposes nor may you violate any laws in your jurisdiction. You may not provide documents having obscene, offensive, pornographic, defamatory, or vulgar designs or messages, or that may have any criminal, civil or administrative relevance. We will give full support to the competent authorities in order to punish any offenders.

You must not transmit any worms or viruses or any code of a destructive nature. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website and the app, other website and the apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website and the app, other website and the apps, or the Internet. We reserve the right to terminate your use of the service for violating any of the prohibited uses.

SECTION 17 – WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website and the app will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall KiDS t1d, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless KiDS t1d and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 21 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 22 – GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Staes of America and any other applicable international laws.

SECTION 23 – FINAL PROVISIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website and the app. It is your responsibility to check our website and the app periodically for changes. Your continued use of or access to our website and the app or the service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Information entered on the request forms contained on the website and the app is not disclosed to third parties.

The information on the website and the app can only be viewed and printed for personal, non-commercial use.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us here.