Terms and Conditions of Use

Welcome to D2Type

These Terms of Use ("Terms") govern your access to and use of our Services, which include:

D2Type's mobile application ("App").
The website operated by D2Type, https://D2Type.com ("Site").
All related services and features provided by D2Type.

The Privacy Policy explains how we collect, use, and disclose your personal information. These documents, together with these Terms, constitute the "Agreements." It is essential that you carefully read all of the Agreements as they contain crucial information about your legal rights. By accessing or using the Services, you agree to be legally bound by these Agreements.

The Agreements create a legally binding agreement between you and D2Type Health Inc. and its affiliates and subsidiaries ("D2Type," "we," or "us"). If you are accessing or using the Services on behalf of another person, these Agreements also create a legally binding agreement between D2Type and the helper and the person being helped. You represent and warrant that you have the necessary rights, authority, and capacity to enter into these Agreements.

If you are unwilling or unable to be bound by these agreements, you may not access or use the services. Furthermore, suppose you do not consent to the collection, use, and disclosure of your personal information, including health-related information, as described in these agreements. In that case, you should not access or use the services. Unless you are willing and able to be bound by all of the terms and conditions in these agreements, you will not receive any right or license to access or use the services.

We reserve the right to change or replace any terms of these Agreements prospectively at our discretion and for any reason. The most recent version of these Agreements will be posted on our Sites and in the Apps, and any changes will become effective upon posting. It is your responsibility to review these Agreements for any changes periodically. If we make changes significantly reducing your rights, we will notify you and provide a reasonable period before the new terms take effect. By continuing to access or use the Services after the changes become effective, you agree to be bound by the updated Agreements. If you disagree with any changes, you should discontinue using the Services.

If you accept these Agreements but later decide to terminate your account, please get in touch with Customer Support at support@D2Type.com. We will verify and process your request.

Our Services

Our Services comprise the D2Type Apps, Sites, and related features we provide.

The Services include:

Access to Content, including health-related educational material, available in the D2Type Programs, Apps, Sites, and other aspects of the Services.
The ability to create, upload, transmit, display, and access User Submissions.
Interaction with our personnel, including support teams and Health Coaches for the D2Type Programs.
Participation in online communities and interaction with other users.
Requesting and sharing health information with healthcare providers, friends, or family.
Access to information about us, our products, and services through the Sites and other offered features.

Certain features are available only to registered users of the D2Type Programs during their access and use.

To enroll or use D2Type Programs or Apps, you must:

Be at least 18 years old.
Reside in Canada or the US.
Meet condition-specific clinical criteria *Type 2 Diabetes, prediabetes) for enrollment.
Complete the prescribed registration process.

By accessing or using D2Type Programs or Apps, you confirm that you are at least 18 years old.

We reserve the right to refuse Services to anyone and change clinical eligibility criteria at our discretion. This provision is void where prohibited, and access rights are revoked in such jurisdictions.

We may change, replace, suspend, or discontinue the Services or any component without liability. Limitations or restrictions on features or access may be imposed without notice.

2. Limitations regarding Medicine and Medical Treatment

The Services provide access to Content and interaction with Health Coaches and support teams. Health Coaches may deliver Licensed Services with relevant backgrounds/licenses.

Apart from Licensed Services, we do not provide medical advice or treatment. Content and information provided, except for Licensed Services, are for informational purposes only and should not be used for diagnosis or treatment.

Always consult your physician or qualified health providers before making medical decisions or seeking advice regarding your medical condition, diet, or medication use. The Services are not a substitute for professional medical advice, and disregarding medical advice due to the Services is not recommended.

Any medical care received from other parties is separate from our Services. Your treating medical professional is responsible for obtaining your informed consent for any medical diagnosis or treatment, including telemedicine. We are not liable for advice, treatment, diagnosis, or any information, services, or products obtained from unaffiliated third parties through the Services.

3. No Emergency Services

The Services provided are strictly for non-emergency purposes. We do not facilitate emergency or time-critical communications to hospitals, law enforcement agencies, or any other emergency or time-sensitive services. The Services are not a substitute for 911, personal healthcare providers, advice nurses, or additional emergency assistance. Under no circumstances should you attempt to access emergency care through the Services or rely on the Services for emergency assistance. If you believe you have a medical emergency or require immediate consideration, please call 911 or proceed to the nearest open emergency room without delay.

If we become aware of or anticipate an emergency, we may, at our sole discretion, arrange for emergency treatment from hospitals, physicians, or medical personnel ("Emergency Responders") as we deem necessary for your immediate care. You acknowledge and agree that if we take any action to secure Emergency Responders on your behalf, you, and not we, will be solely responsible for payment of all medical services rendered in connection with such treatment.

4. Downloading the Apps from App Providers

To access and use the Apps, you must download them from a digital distribution platform such as the Apple App Store or Google Play (referred to as the "App Provider"). While you are required to download the App from the App Provider, it is important to note that the agreements are between you and us, not the App Provider. The App Provider is not obligated to provide any maintenance or support services for the Apps. Additionally, the App Provider is not responsible for addressing any claims, including product liability claims or claims related to non-compliance with legal or regulatory requirements, arising from your possession or use of the Apps. If there are any claims asserting infringement of intellectual property rights related to the Apps, we, not the App Provider, will be responsible for the investigation, defense, settlement, and discharge of such claims to the extent required by these agreements. While the agreements are between you and us, you must also comply with any other applicable terms of service from the App Provider or other relevant third parties when accessing or using the Services.

5. Registration

To enroll in a D2Type Program, registration is required. By registering with us, you represent and warrant that all information you provide is complete, accurate, and truthful. Suppose you permit a third party to assist you in providing information to us or in the registration or application process for a D2Type Program. In that case, you represent and warrant that you have reviewed and confirmed the completeness, accuracy, and truthfulness of that information before submission. You also agree to maintain and promptly update the information you submit to us or any third party on your behalf. Failure to keep your information current will constitute a breach of these agreements, which may result in immediate termination of your account.

When registering for any D2Type Program, you must select a screen name ("User ID"). You are solely responsible for choosing a User ID and agree not to choose or use a User ID that (a) impersonates another person, (b) infringes on any rights of another person without appropriate authorization, or (c) is offensive, vulgar, or obscene. We reserve the right to refuse registration of any User ID or cancel any User ID at our sole discretion. Additionally, you agree not to use another user's account without explicit permission.

During the registration process, you will also set an account password. It is your sole responsibility to set a password and keep it confidential. You are solely responsible for all activities on your account and agree not to share your password or facilitate unauthorized use of your User ID and password. If you become aware of any unauthorized use or security breach, you must immediately notify us in writing.

6. Consent to Receive Electronic Communications

By accessing or using the D2Type Programs, Apps, and other Services, you must provide us with your email address and phone number. By participating in the Services, you consent to receive communication from us via email, SMS messages, voice calls, push notifications, and other electronic means related to the Services. Please note that the emails we send may be unencrypted and may contain personal information, including protected health information. You agree to receive these emails unless you choose to unsubscribe at any time. By using the Services, you agree to receive all agreements, notices, disclosures, and other communications from us in electronic form, including those required by law or these Agreements. You acknowledge that receiving these communications in electronic form satisfies any legal requirement for written communication. Your consent to receive electronic notices, disclosures, and other communications applies to all communications we provide in connection with your application, registration, or enrollment in a D2Type Program, as well as all communications related to your access and use of the Services.

7. Systems, Connections and Responsibility

You are responsible for obtaining, installing, operating, and maintaining all necessary software, hardware, and equipment ("Systems") required to access and use the Services, as well as any internet and/or wireless services through your chosen providers ("Connections"). This includes using up-to-date web browsers and appropriate encryption, antivirus, anti-spyware, and internet security software. By accessing or using the Services, you acknowledge and agree to the following:

You are responsible for the data security of the Systems used by you or any third party on your behalf to access the Services, as well as the transmission and receipt of information using those Systems.
The use of open networks, such as the Connections, carries risks related to security, corruption, transmission errors, and access availability, and you assume those risks.
You have independently assessed the adequacy of the Systems and Connections and are satisfied with your assessment.
We are not liable for any errors or issues resulting from the malfunction or failure of the Systems or Connections.

Please note that communication lines used for transmitting emails and text messages lack the same security features as the Services. By accessing or using the Services, you acknowledge that we cannot guarantee the security of information transmitted through your Systems or Connections until it reaches us. You also acknowledge that information sent via email, text message, or other means through your Systems or Connections may not be encrypted or secure.

We assume no liability for or related to the delay, interruption, failure, corruption, unintended access to, or disclosure of any information transmitted by you or your agents until that information reaches us. by agreeing to receive emails, text messages, push notifications, or other electronic communications from us, you accept any risk and damages arising from the disclosure of those communications during transmission.

8. User Submissions

In connection with your use of the Services, we may receive or collect User Submissions from you. "User Submissions" refers to any content, personal information (including your name, contact information, activity tracking, food tracking, sleep tracking, biometric information, health readings, and other personally identifiable information or personal health information), videos, audio clips, written comments, data, text, photographs, software, scripts, graphics, works of authorship, or other information provided or collected by a user of the Services, including feedback or suggestions for improvements, enhancements, or error corrections.

Data from D2Type-Supplied Devices

As part of your participation in a D2Type Program, we may provide you with digital equipment, known as D2Type-Supplied Devices, which assist in monitoring your health or fitness and automatically share that information with us and the relevant D2Type Program. D2Type-Supplied Devices are pre-configured to share information without requiring additional authorizations from you. Any information received from your D2Type-Supplied Devices will be considered your User Submissions.

Data from Third-Party Data Sources

We may also receive information about you from third parties who have obtained your information due to your subscription or participation in their services or your use of their digital equipment, referred to as Third-Party Data Sources. This may include data from Third-Party Health Devices, such as blood glucose monitors, blood pressure monitors, or activity trackers, that you own or acquire independently. If you manually enter information from Third-Party Health Devices through the Apps or Sites, it will be considered information from you and a User Submission. Suppose you enable automatic sharing of information from Third-Party Health Devices. In that case, it will also be considered information from you delivered through your Third-Party Data Sources and a User Submission. Third-party data Sources may include other sources like Apple HealthKit, and any information authorized for sharing through Third-Party Data Sources will be considered information from you delivered through those sources and a User Submission.

9. Terms for Third-Party Providers

The Services may allow you to access or include content, data, information, applications, services, or materials from third parties, collectively referred to as Third-Party Offerings. Your Third-Party Health Devices and other Third-Party Data Sources are considered Third-Party Offerings for these Terms. Entities providing or making available Third-Party Offerings, including any employed agents or intermediaries, are called Third-Party Providers.

When using Third-Party Offerings or interacting with Third-Party Providers, you do so at your own risk. If we provide direct links to Third-Party Offerings or Third-Party Providers, it is solely for your convenience. Accessing links to third-party sites within the Services is also done at your own risk. Including links to Third-Party Offerings or content from Third-Party Providers in the Services does not imply endorsement, recommendation, or association with us. We have no control over Third-Party Offerings or Third-Party Providers. If Third-Party Providers offer regulated devices or services, we are not responsible for compliance with applicable regulations.

We are not responsible for how Third-Party Offerings and Third-Party Providers collect, store, access, or use the information you or we supply to them. It is your responsibility to read and understand the terms of use and privacy policies of each Third-Party Offering and Third-Party Provider before using or interacting with them. If you do not agree with their words or policies, refrain from using or interacting with them.

We at this moment disclaim any responsibility and liability for the collection and use of any information that you provide to third-party offerings or third-party providers, as well as any information we supply to them at your request or instruction. We also disclaim responsibility and liability for the availability, performance, technical failures, content, accuracy, efficacy, appropriateness, safety, legality, or security of third-party offerings and third-party providers or any other aspect of their functioning or interactions. By using third-party offerings and third-party providers, you agree to assume all responsibility and liability for any damages, loss, or harm, whether to you or third parties, that may result from or be alleged to have resulted from your use of such third-party offerings and third-party providers.

10. Ownership and License of User Submission

You retain ownership or license rights in your User Submissions, but you grant licenses to the D2Type Parties and other users as described below. By submitting User Submissions, you represent that you own the rights to them or are authorized to grant the licenses without violating laws or infringing upon any rights.

You consent and grant the D2Type Parties a perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, fully paid, worldwide right and license to use, modify, reproduce, distribute, and incorporate your User Submissions in other works, subject to these Terms, our Privacy Policy, and our Notice of HIPAA Privacy Practices. Other Services users may also access and use your User Submissions for personal use without compensation.

If your User Submission contains protected health information or personally identifiable information, we will handle it according to our Privacy Policy and HIPAA Privacy Practices. However, under your grant license, we may remove personal identifiers and use the remaining de-identified information ("De-Identified Data") for any lawful purpose without confidentiality obligations. You acknowledge that we own all rights to De-Identified Data and may use it in publications, sales and marketing materials, and product research and development.

We do not assume any obligation or liability related to User Submissions or the activities of others. We do not endorse User Submissions and are not responsible for any violations or infringements caused by your User Submissions. We do not control User Submissions from other users and disclaim responsibility for their authenticity, accuracy, integrity, or quality.

By accessing or using the Services, you may be exposed to offensive or objectionable User Submissions. We have the right but not the obligation to monitor User Submissions and disclaim any responsibility or liability for them or the accuracy of information users provide.

11. Use of the Services and Prohibited Actions

The Services are provided for personal, non-commercial, limited use by these Agreements. You are responsible for using the Services and agree to comply with all applicable laws and regulations. Prohibited actions include:

Engaging in threatening, abusive, harassing, defamatory, fraudulent, deceptive, or unlawful behaviour.
Promoting bigotry, racism, misogyny, or religious or ethnic hatred.
Infringing upon the rights of others, including patents, trademarks, copyrights, or publicity rights.
Sending unauthorized or unsolicited advertising, spam, or bulk emails.
Conducting unauthorized commercial activities or fraudulent schemes.
Impersonating any person or entity or misusing their contact or account information.

Additional prohibited actions include:

Interfering with the proper functioning of the Services or attempting to bypass technological measures.
Introducing viruses or malicious software or attempting to disrupt systems or obtain unauthorized access.
Attempting to decipher, decompile, reverse engineer, or modify the Services.
Copying, distributing, or transferring any rights received under these Agreements.
Overloading the infrastructure or mining information about other users without consent.
Using software or processes to crawl or spider the Services.

You are also prohibited from uploading, downloading, posting, submitting, or distributing any content that violates these actions.

We reserve the right to edit, suspend, or remove User Submissions without notice. We may access and disclose information to comply with the law, enforce these Agreements, address fraud or security issues, respond to user support requests, or protect our company, users, or the public.

12. Fees and Charges

We may require payment of fees for the Services or specific features. By accessing or using fee-based Services or features, you agree to pay the applicable fees as described. We reserve the right to modify our price lists and introduce new charges in the future, with prior notice provided by email or within the Services. If you continue to access or use fee-based Services after receiving such notification, you accept the revised or increased charges.

13.Ownership and Intellectual Property

The Site, App, D2Type Program, Services, and Content are the exclusive property of D2Type. These are protected by U.S. and Canadian intellectual property laws, including copyright, trademark, patent, and trade secret laws. However, D2Type does not claim ownership of User Submissions, which are not considered Content solely for this paragraph.

Subject to your compliance with these Agreements, you are granted a personal, non-exclusive, non-transferable, revocable, limited right to access and use the Site, App, D2Type Programs, and other Services. All rights not expressly granted in these Terms are reserved by D2Type. You agree to respect copyright notices, information, and restrictions within the Services and Content. Unauthorized exploitation of the Services, Content, third-party submissions, or other proprietary rights is prohibited.

You may download or copy Content and items displayed on the Services for personal use, provided you maintain all copyright, trademark, and other notices. Copying or storing Content for any other use without prior permission is prohibited.

The trademarks and registered trademarks of D2Type Health, Inc., such as D2Type Health, D2Type, D2Type for Prevention, D2Type for Type 2 Diabetes, and the D2Type logo (collectively "D2Type Marks"), are the property of D2Type Health, Inc. Other trademarks, service marks, graphics, and logos on the Site, App, D2Type Programs, or Services may belong to third parties ("Third-Party Marks"). These Agreements and your use of the Services do not grant you any rights or licenses to reproduce or use the D2Type Marks or Third-Party Marks.

14. Termination of Services

We reserve the right to terminate your access to the Services, in whole or in part, at any time and without cause or notice. Such termination may be immediate and may result in the deletion of associated account information. Upon termination, all licenses and rights granted to you under these Agreements for the affected parts of the Services will cease.

If you would like to terminate your account, you may follow the instructions on the Site or contact our customer support at support@D2Type.com. Please note that any fees paid for the Services are non-refundable.

Specific provisions of these Terms will survive termination, including ownership and license provisions, warranty disclaimers, indemnity provisions, and limitations of liability.

15. Disclaimer of Warranties

The Content and Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied. We expressly disclaim all warranties, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. We make no warranty that the Services will be secure, available, error-free, or free from viruses or other harmful components. Your use of the Services is at your own risk.

D2Type, its directors, employees, agents, suppliers, and partners (collectively referred to as "we" or "us") do not assume any liability or responsibility for the accuracy, appropriateness, completeness, or usefulness of the Content or Services. We do not warrant that the Services will meet your requirements or achieve any specific purpose. We also do not warrant that any defects or errors will be corrected.

Please be aware that some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you. However, to the maximum extent permitted by applicable law, the limitations stated above will apply.

16. Indemnification

You agree to defend, indemnify, and hold harmless the D2Type Parties from any and all liabilities, claims, losses, damages, and expenses (including reasonable attorneys' fees) arising from or relating to:

Your use or misuse of the Services or the Content; Your provision of any User Submissions or other data to any D2Type Party; Your breach of these Agreements; Your violation or alleged violation of any applicable laws, rules, or regulations; Any infringement or alleged infringement by you or any third party using your account of any intellectual property right or other right of any person or entity.

D2Type reserves the right to assume exclusive defence and control of any matter subject to this indemnification. In such cases, you agree to assist and cooperate with D2Type in asserting any available defences.

17. Service Availability

D2Type provides the Services exclusively to individuals residing in Canada and the United States of America, including its territories. D2Type does not guarantee that the Services are suitable or accessible for use in locations outside the United States, and accessing the Services from territories where they are prohibited by law is strictly prohibited. If you choose to access the Services from other locations, you do so voluntarily and at your own risk, and you are solely responsible for complying with local laws.

18. Entire Agreement and Severability

These Terms, the Privacy Policy Link to Privacy Canada, and any other referenced agreements constitute the complete and exclusive agreement between you and us regarding the Services. They replace all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us regarding the Services. If any provision of these Agreements is determined to be unenforceable or invalid, it will be limited or removed to the minimum extent necessary to ensure that the remaining provisions of these Agreements remain in full force and effect. The failure of either party to exercise any right provided for in these Agreements does not constitute a waiver of any other rights under these Agreements.

19. Force Majeure, Assignment, and Notices

We shall not be held liable for any failure to fulfill obligations under these Agreements that result from causes beyond our reasonable control, including natural disasters and mechanical, electronic, or communications failures or degradation.

These Agreements are personal to you and cannot be assigned, transferred, or sublicensed by you without our prior written consent. However, we may freely assign, transfer, or delegate any or all of our rights and obligations under these Agreements without requiring your consent. Our licensors and App Providers may enforce these Agreements as third-party beneficiaries, but there are no other third-party beneficiaries.

These Agreements do not create an agency, partnership, joint venture, or employment relationship between the parties. All notices under these Agreements must be in writing and will be considered duly given: (a) upon receipt if personally delivered or sent by certified or registered mail, return receipt requested; (b) when receipt is electronically confirmed if transmitted by facsimile or email; or (c) one day after being sent if sent for next-day delivery by a recognized overnight delivery service.