1. Introduction and Acceptance
These Terms of Service (“Terms”) govern your access to and use of the website located at gluco-works.com (the “Website”), which is owned and operated by GlucoWorks LLC, a Wyoming limited liability company, doing business as CGMInsight™ (“GlucoWorks,” “Company,” “we,” “our,” or “us”).
By accessing or using the Website, you (“you” or “your”) agree to be bound by these Terms. If you do not agree, do not access or use the Website.
2. Description of the Website
The Website is a corporate informational site that provides general information about GlucoWorks LLC and its portfolio of digital health software products, including CGMInsight™, Insulin DosePro, Insulize, and DoseAdvisor. The Website includes marketing materials, product descriptions, compliance information, and contact resources.
The Website does not provide medical advice, diagnosis, or treatment. The Website does not collect, process, store, or transmit Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”). No patient data is entered into or processed through the Website.
3. Eligibility
The Website is intended for healthcare professionals, practice administrators, potential investors, partners, and other business stakeholders in the United States. By using the Website, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.
4. Intellectual Property
4.1 Company Ownership
All content on the Website, including text, graphics, logos, images, product descriptions, marketing materials, software, and compilations thereof, is the property of GlucoWorks LLC or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
CGMInsight™ is a trademark of GlucoWorks LLC. All other product names, company names, and logos referenced on the Website are the trademarks of their respective owners.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Website for your personal, non-commercial informational purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Website content, except as incidental to normal web browsing (e.g., temporary caching).
4.3 Restrictions
You may not: (a) use any robot, spider, scraper, or other automated means to access the Website; (b) remove or alter any copyright, trademark, or other proprietary notices; (c) frame or mirror any portion of the Website; (d) use the Website to develop a competitive product or service; or (e) interfere with or attempt to disrupt the Website’s infrastructure.
5. User Conduct
You agree to use the Website only for lawful purposes and in accordance with these Terms. You shall not:
- Use the Website in any way that violates applicable federal, state, local, or international law or regulation;
- Transmit any material that is defamatory, obscene, threatening, or that infringes on the rights of others;
- Introduce any viruses, Trojan horses, worms, or other malicious or technologically harmful material;
- Attempt to gain unauthorized access to any portion of the Website, other systems, or networks connected to the Website;
- Impersonate or attempt to impersonate the Company, a Company employee, or any other person or entity.
6. Third-Party Links
The Website may contain links to third-party websites, including the CGMInsight™ application at cgminsight.com. These links are provided for convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party website. Your interaction with any third-party website is governed by that website’s own terms and policies.
7. Contact Form and Communications
If you submit information through the Website’s contact form or send emails to addresses listed on the Website, you acknowledge that: (a) such communications are not confidential unless we have entered into a separate confidentiality agreement; (b) we may use the information you provide to respond to your inquiry, send you information about our products and services, and for internal business purposes; and (c) you should not include any Protected Health Information or sensitive patient data in communications through the Website.
8. No Medical Advice
9. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GLUCOWORKS LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that: (a) the Website will be available at all times or free from errors, interruptions, or security vulnerabilities; (b) any content on the Website is accurate, complete, reliable, or current; or (c) any defects will be corrected.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLUCOWORKS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless GlucoWorks LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Website in violation of these Terms; (b) your violation of any applicable law or regulation; or (c) your violation of the rights of any third party.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflicts of law principles.
12.2 Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or the Website shall first be subject to good-faith negotiation for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Cheyenne, Wyoming (or remotely by mutual agreement).
12.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
13. Modifications
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Website with an updated “Last Updated” date. Your continued use of the Website after any modification constitutes acceptance of the revised Terms. For material changes, we may provide additional notice at our discretion.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15. Waiver
The failure of GlucoWorks LLC to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
16. Entire Agreement
These Terms, together with our Privacy Policy and Consumer Health Data Privacy Policy, constitute the entire agreement between you and GlucoWorks LLC with respect to the Website and supersede all prior agreements and understandings.
17. Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or conversion of corporate form (including conversion from LLC to C-Corporation) without your consent.
18. Contact Information
For questions about these Terms of Service, please contact:
GlucoWorks LLC
Legal Inquiries: legal@gluco-works.com
General Inquiries: info@gluco-works.com