Tidepool Applications Terms of Use

Effective Date: November 2, 2015, Version 1.0

These Terms of Use (“Terms”) form a legally binding contract between you and Tidepool Project (“Tidepool”), so please read the following terms carefully before using any Tidepool Apps (as defined below). We provide you with access to and use of the Tidepool Apps subject to your compliance with these Terms. By registering and creating an account (“Account”) with Tidepool or using the Tidepool Apps, you agree to be bound by these Terms. Please note that by registering with Tidepool and/or using the Tidepool Apps, in addition to agreeing to these Terms, you will also be required to agree to the terms and conditions of our Privacy Policy.

1. Summary

  • We are stewards of your data. Users (as defined below) own their Information and decide who gets access to their Information.
  • You may only use Tidepool’s applications for lawful purposes.
  • You are granted a Creative Commons license to use certain aspects of Tidepool’s applications.
  • We care about protecting your privacy. Please review our Privacy Policy.
  • Tidepool applications are meant to be a tool to help you make decisions about your care, but we cannot guarantee their accuracy or reliability.
  • Please don’t make therapy changes without consulting your healthcare professional. Tidepool applications are not a replacement for your healthcare professional.

This summary is for your convenience only and has no legal effect.

2. Terms and Conditions

These Terms are a contract between you and Tidepool that governs your access to and use of our web and mobile applications (such as Blip and Tidepool Uploader; together with any other applications developed and distributed by Tidepool, the “Tidepool Apps”). These Terms also make the patients using Tidepool Apps (“Users”) the owners of their data, notes, files, and other information they store and manage using the Tidepool Apps.

These Terms include provisions that treat Users differently from members of the User’s care team that the User has granted access to (“Care Team Members”). Provisions that are not indicated as applying only to Users or to Care Team Members apply to both Users and Care Team Members.

3. User Information Ownership

You (the User) are the legal owner of the data, notes, files, and other information you store and manage using the Tidepool Apps (“Information”). These Terms and our Privacy Policy, which is incorporated into these Terms, shall govern the use of your Information. You agree that you are solely responsible for the accuracy and content of your Information.

3.1 Your Rights

A. You always retain ownership of the Information in your Account, and only you can give permission to share it.

B. Tidepool will never grant any third party access to your Information without your permission, except in limited circumstances and only in accordance with our Privacy Policy (such as when specifically required by law), which is incorporated into and made a part of these Terms.

C. Tidepool, Care Team Members, the Tidepool Anonymized Diabetes Database, third-party applications, and third-party diabetes device makers are not granted any right to use or access your Information, except with your permission and in accordance with our Privacy Policy.

D. You can export your Information at any time. Except for Information you choose to provide to the Tidepool Anonymized Diabetes Database, third-party applications, and third-party diabetes device makers, you can delete your Information at any time.

3.2 License to Access and Use Your Information

A. If you choose to grant access to your Information to a Care Team Member, the Tidepool Anonymized Diabetes Database, third-party applications or third-party diabetes device makers, you hereby grant to such party a non-exclusive, limited right to access and use the applicable Information solely for the specified purpose, including any reuse or resharing permissions.

B. To facilitate your use of the Tidepool Apps, you hereby grant to Tidepool a non-exclusive, royalty-free license to use, store, reproduce and display any Information you store or manage through the Tidepool Apps solely as reasonably necessary to operate the Tidepool Apps at your direction and on your behalf, and subject to these Terms and our Privacy Policy[include link].

3.3 Information Security

The security and privacy of your Information is important. Tidepool uses industry standard, or better, administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your Information. For example, data that you upload from your diabetes devices is stored and encrypted separately from any personal information or metadata you share with Tidepool. All information and data is encrypted both at rest and during transport. TIDEPOOL SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION.

3.4 Control and Sharing

As described in the Privacy Policy[insert link], you control your Information and you set permissions for sharing. Through features in the Tidepool Apps, you will always be able to view and change the access rights of your Care Team Members and change your sharing preferences with the Tidepool Anonymized Diabetes Database, third-party applications and third-party device makers.

4. Acceptable Use of Tidepool Apps

We trust you to use the Tidepool Apps responsibly, and you agree not to misuse them. You must use the Tidepool Apps only for lawful purposes, and you agree to comply with all applicable laws, rules, and regulations in using the Tidepool Apps. You must also respect the privacy and Information of others who use Tidepool Apps and comply with our Privacy Policy[Insert link].

4.1 Use of Health Information

We follow software development best practices to help ensure that everything we show you is accurate and complete. However, we cannot guarantee that the Tidepool Apps do not have errors or bugs. Even if there are no errors or bugs, it is possible to draw inappropriate conclusions from Information that you see. TIDEPOOL DOES NOT WARRANT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF THE INFORMATION ON THE TIDEPOOL APPS. YOU ACCEPT FULL RESPONSIBILITY FOR YOUR TREATMENT AND THERAPY DECISIONS.

The Tidepool Apps are informational and management aids only, designed to facilitate the exchange of medical and other information, and are not offered or provided for the purpose of diagnosing, treating or prescribing for any illness or injury. Neither the Tidepool Apps nor any service provided by Tidepool is a substitute for the use of professional evaluation and decision-making by appropriately licensed and qualified physicians and other health care professionals in making diagnoses and/or treatment decisions. The Tidepool Apps and Tidepool’s services manage and display medical information provided by the User and made available to Care Team Members, and Tidepool does not select and cannot assure the accuracy, completeness or currency of any such information that the User provides and makes available to Care Team Members, or that a Care Team Member provides and makes available to the User. Tidepool does not endorse drugs or other products or services, diagnose any injury, illness, disease or other health condition, or recommend any treatment, therapy or health care provider.

If you are a healthcare provider, you may be using our software to help your patients. For the reasons discussed above, you should not rely exclusively upon information you receive through use of the Tidepool Apps in any decision-making you make in connection with your diagnosis and treatment of any patient. You remain fully responsible to perform all your professional and other duties to your patient in accordance with the applicable standards of care. You expressly acknowledge and agree that Tidepool is not responsible for the results of your professional medical decisions resulting from the use of Tidepools Apps and Tidepool’s services. You shall indemnify and hold Tidepool harmless from and against any loss whatsoever arising from any failure on your part to discharge your professional and/or other legal duty of care to your patient.

If you are using our software to manage your diabetes, do not make therapy changes or dosing decisions without applying common sense and consulting your healthcare professional. Tidepool does not assume any responsibility for any aspect of medical services or other health care provided or administered or not provided or administered with the aid of information the Tidepool Apps and/or Tidepool’s services provide.

If you notice problems or issues with your Information, please double-check it from its source. If you believe there are problems or inaccuracies in the display of your Information on the Tidepool Apps, please let us know by contacting us at support@tidepool.org.

4.2 Other Uses

In addition, here are things you cannot do or attempt to do with Tidepool Apps:

  • Violate the terms and conditions of the Privacy Policy.
  • Violate the law or the privacy of others.
  • Provide trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the copyright owner which permits you to post or provide it.
  • Provide material that infringes on any other intellectual property, privacy, personality or publicity right of another.
  • Provide material that promotes hate or violence, is pornographic or which would generally be considered obscene or indecent.
  • Impersonate, intimidate or harass another person.
  • Engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation. Transmit or transfer (by any means) information technology or software derived from the Tidepool Apps in violation of U.S. export control laws.
  • Care Team Members are prohibited from copying, using, or disclosing, in whole or in part, to any other party any Information shared with the Care Team Member by their User, except in accordance with these Terms.

In addition, unless you comply with our Responsible Disclosure Policy (described in Section 4.3 below), you are prohibited from violating or attempting to violate the security of the Tidepool Apps or Tidepool’s other systems or network security, including, without limitation, the following:

  • Accessing data and information not intended for your use of the Tidepool Apps.
  • Gaining unauthorized access to an account, server, or any other computer system.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
  • Attempting to interfere with the function of the Tidepool Apps, or any Tidepool App host or network, including, but not limited to, via means of submitting a virus to any Tidepool App, overloading, denial of service attacks, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services.
  • Sending altered, deceptive or false source-identifying information, including “spoofing” or “phishing.”

Unauthorized access of or tampering with Tidepool’s systems or network security that does not comply with our Responsible Disclosure Policy may result in civil or criminal liability.

4.3 Responsible Disclosure Policy If you believe you have found a security vulnerability in any of Tidepool’s App, Tidepool’s source code or Tidepool’s other systems or network security, we encourage you to let us know right away by submitting a report to security@tidepool.org. We will investigate all legitimate reports and do our best to quickly fix the problem.

If you give us reasonable time to respond to your report before making any information public, and make a good faith effort to avoid privacy violations, destruction of data, and interruption or degradation of our service during your research, we will not bring any lawsuit against you or ask law enforcement to investigate you. In addition, to show our appreciation, at our discretion, we may provide a monetary bounty for the reporting of certain security bugs. Bounties are awarded at Tidepool’s sole discretion and are only paid to individuals. Only one bounty may be paid per issue reported. If we provide a bounty, the amount to be awarded will be awarded based on the bug’s severity and creativity, and will be at Tidepool’s sole discretion.

5. Content Licensing and Intellectual Property Rights

5.1 Creative Commons License

The Tidepool Apps, including all contents, such as text, images, audio, and the user interface designs used to generate the pages (collectively, “Tidepool Content”), are generally made available for public sharing and reuse through the Creative Commons Attribution Share-Alike 4.0 license (“Creative Commons License”), or any later version therof. Some of the Tidepool Content is acquired from sources that prohibit further use of their content without advance permission. Where possible, the Tidepool App will display a notice with the applicable license relevant to that content. You agree to abide by such licenses. Some Tidepool Content expressly indicates that the author considers their work proprietary and requires prior permission for the any use of their work. In such cases, you should contact the author or author’s agent for permission to use their content. The software source code for Tidepool’s ApplicationsApps is made available separately under an open source license. Please see https://github.com/tidepool-org for more information.

5.2 Trademarks and Trade Dress

The rights in the trademarks, logos, service marks, and trade dress (collectively “Trademarks”) of Tidepool are not licensed under the Creative Commons License. If you use text displayed in Tidepool Apps, wish to use any of our Trademarks, or if you have any other questions about complying with our licensing terms, you should email legal@tidepool.org.

Some Tidepool Content may contain Trademarks of other parties. Except for a few limited circumstances, Trademarks cannot be used without advance written permission of the owner of the Trademark.

5.3 Your Content We take the intellectual property rights of others seriously and ask you to do the same. You agree that you own or have the necessary rights in and to any and all content you upload or post to the Tidepool Apps. Not owning or having the necessary rights is a violation of these Terms.

5.4 Source Code

We make our applications available both in hosted form, where we run it on Tidepool-managed servers, and also in source code form, where you (or someone else) can download the source code from GitHub (www.github.com/Tidepool-org), build it, and run it locally or on your own servers. These Terms apply only to the hosted version of the Tidepool Apps.

6. Availability of Tidepool Apps

You must be 13 or older to register as a User or Care Team Member of Tidepool Apps. If you are at least 13 but are under the age of 18, you may only register with and use Tidepool Apps with your parent’s or legal guardian’s prior written consent and your parent or guardian must provide consent. You agree to all of the terms and conditions of these Terms, and if you are between the ages of 13 and 18, you represent that you have obtained your parent’s or legal guardian’s consent and that your parent or legal guardian has agreed to these Terms. If you are a parent or legal guardian who has consented to the use of Tidepool Apps by a person between the ages of 13 and 18, you are fully responsible for that person’s use of Tidepool Apps and agree to be bound by these Terms. If we discover that a person under 13 has registered as a Care Team Member or User, we will delete the person’s account.

You understand that to register as a User of Care Team Member of Tidepool Apps you must be in the United States. We make no claims that Tidepool Apps are accessible or appropriate outside of the United States. Access to Tidepool Apps may not be legal by certain persons or in certain countries. If you access Tidepool Apps from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

7. Linked Sites and Third Parties

You may be able to link to third-party sites or connect to third-party applications from the Tidepool Apps or you may choose to share your Information with third-party device makers (collectively, “Third Parties”). We will always ask you before we share your Information with any such third parties. Tidepool does not control third-party linked sites or third-party device makers in any way, and Tidepool is not responsible for the content, availability, advertising, products, information or additional links, use of information, security or privacy policies and practices, or materials of any such third parties. Links to third-party sites and the option to share your Information with third-party device makers does not imply Tidepool’s endorsement of, or association with, such third parties. In no event shall Tidepool be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of third-party sites, third-party applications or sharing with third-party device makers.

You consent to receive electronically any communications related to your use of the Tidepool Apps. We may communicate with you by email or by posting notices in the Tidepool Apps. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Tidepool intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide us.

If you provide us with a telephone number, you expressly agree that we, or our authorized agents, can use that number to contact your about your Account.

If you believe that any content on any Tidepool Apps infringes upon any copyright which you own or control, you may send a written notice to Tidepool’s Copyright Agent at legal@tidepool.org.

The written notice must satisfy the requirements set forth in the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512).

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

10. Disclaimer of Warranties

THE TIDEPOOL APPS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TIDEPOOL DOES NOT WARRANT THAT THE TIDEPOOL APPS OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TIDEPOOL MAKES NO WARRANTY THAT THE TIDEPOOL APPS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE TIDEPOOL APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE TIDEPOOL APPS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE TIDEPOOL APPS.

11. Limitation of Liability and Indemnity

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL TIDEPOOL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, CONTENT OR SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (i) THE USE OF, OR THE INABILITY TO USE, THE TIDEPOOL APPS, MATERIALS AND FUNCTIONS RELATED THERETO, (ii) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION, OR ALTERATION OF DATA, TRANSMISSIONS, OR CONTENT, (iii) STATEMENTS OR CONDUCT OF ANY USER OR CARE TEAM MEMBER USING TIDEPOOL APPS, (iv) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR DATA OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION, (v) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE TIDEPOOL APPS, OR (vi) ANY OTHER MATTER RELATING TO THE TIDEPOOL APPS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF TIDEPOOL OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), STATUTE, OR ANY OTHER LEGAL THEORY, EITHER ARISING FROM THE TERMS, OR YOUR USE OF OR INABILITY TO USE THE TIDEPOOL APPS. Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above limitations may not apply to you.

Regardless of any statute or law to the contrary, you agree that any claim or cause of action you may have with respect to the Tidepool Apps must be filed within one year after the claim or cause of action arose or be forever barred.

12. Arbitration

Any controversy or claim arising out of or relating to these Terms, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary herein, Tidepool, any User, any Care Team Member, or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

13. Changes to the Terms

We may modify, amend or change the terms, conditions or provisions of these Terms prospectively from time to time without prior notice to you, so please check them periodically. If a change, in our sole discretion, to these Terms is material, we will notify you (for example, by email to the email address in your account). It’s your responsibility to keep your email address current. We will post the new terms and indicate the revision date. By using Tidepool Apps after any changes to these Terms, you agree to be bound by those changes and the new terms. If you disagree with the new terms, please stop using the Tidepool Apps.

14. Changes to the Tidepool Apps

We reserve the right to modify, refine, add or remove features, impose limits on the service or size of storage available to you, or suspend the Tidepool Apps, with or without prior notice to you and without liability to anyone, including you or any third party. In the unlikely event of discontinuance, we will notify you to allow you to export your Information.

We may impose or you may experience limits on your use of the Tidepool Apps. If you disagree with any changes to the Tidepool Apps, you agree that your only recourse will be to stop using the Tidepool Apps. You may export and/or delete your Information before doing so. Continuing to access the Tidepool Apps after any modifications will indicate that you agree with the changes and are satisfied with the Tidepool Apps as modified.

15. General

Assignment. You may not assign any of your rights or obligations under these Terms without Tidepool’s express written consent. These Terms inure to the benefit of Tidepool’s successors and assigns.

Cancellation and Termination. You can cancel your Account and export and delete your Information at any time. Tidepool may also suspend or terminate your Account if you violate these Terms. In such situations, we may attempt to notify you so that you can export your Information, but we may immediately suspend or terminate your account in certain circumstances, such as causing harm to another User or Care Team Member, disrupting others’ use of the Tidepool Apps, or causing Tidepool potential legal liability.

Entire Agreement. These Terms and the Privacy Policy[insert link], as each may be amended or modified by Tidepool in accordance with its terms from time to time, together constitute the entire agreement between you and Tidepool and govern your use of the Tidepool Apps, superseding and replacing any prior agreements and terms and conditions applicable to the Tidepool Apps. You may also be subject to additional terms and conditions that are applicable to certain parts of, or services offered on or through, the Tidepool Apps. If any incorporated agreements or policies conflict with these Terms, these Terms shall control.

Survival. All provisions of these Terms that, by their nature, should survive any termination or expiration of these Terms shall do so. Any termination or expiration of these Terms shall not relieve you of any obligations that may have arisen or accrued prior to such termination or expiration or limit any liability you otherwise may have to Tidepool, including, without limitation, any indemnification obligations contained herein. Governing Law. These Terms and any dispute between you and Tidepool arising out of or relating to these Terms shall be governed by and interpreted in accordance with the laws of the State of California, without giving force to its conflict of laws provisions.

Waiver and Severability. The failure of Tidepool to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

16. Contact Us

If you have any questions about these Terms, please contact us at legal@tidepool.org or by mail at:

    Tidepool Project
    Attn: Legal Department
    555 Bryant St., #429
    Palo Alto, CA 94301