One Drop Experts Agreement and Terms of Service
Last Updated Date: November 9, 2016
Informed Data Systems Inc. d/b/a One Drop ("One Drop," "us," or "we") provides One Drop Experts (the "Service") as a convenience and as a resource for general advice for One Drop mobile application users. One Drop contracts with individuals who are part of the medical community ("Coaches") to provide life-coaching and other general advice about managing life with diabetes, with respect to everyday activities, goals, and situations. As a subscriber to the Service, you have the opportunity to communicate with one of these life-coaches to help you make living with diabetes more manageable.
We provide you this user policy (the "Policy") to help you understand how we or your Coach may use information you disclose as part of the Service and the type of advice you can expect to receive.
To be clear about the terms we use in this Notice, when we use the phrase "Personal Information," we mean information that specifically identifies you as an individual, like your full name, physical address, e-mail address, or phone number.
No Medical Advice
One Drop is not a health care provider. This Service is not a medical service or medical advice and you may not rely on this Service for professional medical advice, diagnosis or treatment, pharmacist advice, or any professional service requiring licensure, registration or certification in any state. Rather, this Service is to be used for self-development and educational purposes only. The Services do not establish any physician-patient relationship or supplant an in-person medical consultation or examination. Appropriate medical attention and advice should always be sought for any health issues or concerns that you may have, and you should not ignore medical advice or delay seeking medical advice because of any advice received from a Coach or any communication received through this Service. If you have any current medical conditions, you should consult your physician before using this Service. If you feel any ill effects when using the Services, immediately stop using this Service and seek medical advice.
Information You Voluntarily Provide Us
We collect and maintain information that you voluntarily submit to us during your use of the Service. For example:
- when you register for the Service, you may provide us certain information including your name, email address, screen name, password, demographic information, information on diabetes management topics on which you request coaching, and answers to questions we use to help us provide you with appropriate life-coaching services; and
- when you communicate with your coach, you may provide information about your life routines, diabetes management, workplace, and other specific information about your life.
You can choose not to provide us or your Coach with certain information, but this may limit the usefulness of the service or impede our or your Coach’s ability to provide this Service.
How We Use Your Information
In general, we use your Personal Information as necessary or appropriate for purposes including:
- Administration of your account;
- Register you and provide you access to the Service;
- Assign you to a Coach;
- Respond to inquiries or requests you direct to us;
- Send communications and administrative emails about the Service;
- Personalize and better tailor the features, performance, and support of the Service for your use; and
- Improve the quality of the Service.
One Drop will not share any Personal Information or other information you provide to us pursuant to this Service with any third parties other than your assigned Coach. Likewise, your Coach is not permitted to share with third parties any information you may provide in any communications related to this Service.
This Service is not directed or intended for children under  years of age. Neither One Drop nor the Coaches will knowingly collect Personal Information or any other information from individuals under  years of age. If you are under  years of age, you should not register for or provide Personal Information or any other information through the Service. If you are the parent or guardian of a child who has disclosed Personal Information to us or to a Coach, please contact us at firstname.lastname@example.org so that we may delete and remove such child’s information from our systems.
UNLESS OTHERWISE EXPRESSLY PROVIDED BY APPLICABLE LAW, THIS SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. NEITHER PARTY MAKES OR GIVES ANY EXPRESS OR IMPLIED REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE WARRANTIES WHICH MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. ONE DROP DOES NOT WARRANT THE SECURITY OF THE ONE DROP APPLICATION OR THE SERVICE OR THAT EITHER WILL BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK.
Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR INJURY CAUSED BY USE OR MISUSE OF THIS SERVICE. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF DATA.
WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY LIABILITY, LOSS OR RISK WHICH MAY BE OR IS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF ANY USE OF OUR SITE, APPLICATION OR SERVICES.
WITHOUT LIMITING ANY OTHER CLAUSE OF THE AGREEMENT, IF WE ARE FOUND LIABLE TO YOU FOR ANY CLAIMS ARISING UNDER, OR IN CONNECTION WITH, ANY SERVICE, OUR AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS SHALL NOT EXCEED THE [ANNUAL FEES FOR THE SERVICES PAID TO US BY YOU OR THE PARTY PAYING ON YOUR BEHALF].
IF APPLICABLE LAW IMPLIES WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT, WHERE PERMITTED, ONE DROP LIMITS ITS LIABILITY UNDER SUCH PROVISIONS TO THE RESUPPLY OF THE SERVICE, OR AT ONE DROP’S OPTION, THE COST OF HAVING THE SERVICES RESUPPLIED.
You may cancel your subscription to this Service at any time by sending a request to email@example.com. If you would like us to delete your account in its entirety (meaning deleting all of your user data), please send your request to firstname.lastname@example.org. You may also contact us by phone via 800-437-1474 (US) or + 44 (808) 164-8300 (EU).
We may terminate and delete your account at any time if we determine, in our sole discretion, that you have breached this Agreement or abused your right to use the Service.
By using or accessing the Service, you agree to indemnify and hold harmless One Drop, and its officers, directors, employees, and agents (including the Coaches) from any and all damage, loss, liability, and expenses, including reasonable attorneys’ fees, resulting from or related to any: (a) misuse of the One Drop application or the Service; (b) breach or violation of this Agreement by you; (c) injuries to or death of any person arising in any way out of this Agreement; (d) damages to or loss of any property arising in any way out of this Agreement, (e) Personal Information or any information you send us or your Coach through the One Drop application or the Internet; or (f) claims of intellectual property infringement arising in any way out of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws provisions. All disputes arising out of this Agreement shall be litigated, if at all, in and before a court in New York, New York and you expressly consent to the exclusive personal jurisdiction of and venue in a court located in New York, New York. The prevailing party in any litigation brought in connection with this Agreement will be entitled to recover from the other party its costs, reasonable attorneys’ fees, and other expenses.
A party’s failure to enforce any provision of this Agreement shall not constitute a waiver of the provision or the right to enforce it at a later time. This Agreement and your user names and passwords are not assignable or transferable without our prior written consent, and any such conveyance shall be null and void. If any provision or portion of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby. This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written, or other communications between them concerning its subject matter.