Terms of Use of i-SENS Integrated Membership

Contract starting date: Aug 11, 2024

Contract execution date: Aug 11, 2024

i-SENS Integrated Membership Terms of Use

The contents of this Terms of Use agreement are as follows. Please refer to the list below and agree before use.

Table of contents

■ Main Content

Article 1 (Purpose and effectiveness of the contract); Article 2 (Terminology); Article 3 (Contract changes and notifications); Article 4 (Notifications to uzsers); Article 5 (Use of i-SENS service account); Article 6 (Changing member information); Article 7 (Member ID and password management); Article 8 (Termination of contract and limitations, etc.); Article 9 (Use of the Integrated Management Services); Article 10 (Termination of services and notification of termination); Article 11 (Obligations of i-SENS); Article 12 (Obligations of users); Article 13 (Protection of the personal information and sensitive information of users); Article 14 (Rights to ownership); Article 15 (Exemptions); Article 16 (Compensation for damages); Article 17 (Regulations outside of the contract); Article 18 (Governing laws and solutions to conflict)

■ Additional Clauses

 

■ Main Content

Article 1 (Purpose and effectiveness of the contract)

This Terms of Use agreement (hereinafter referred to as the ‘Contract’) aims to set the basic conditions of use for the Continuous Glucose Monitoring System (hereinafter referred to as "CGM System") product and related wired and wireless services provided by i-SENS Co., Ltd. (hereinafter referred to as "i-SENS") between i-SENS and the user in relation to rights, obligations, and responsibilities. By clicking the 'Agree' button of this Contract, the user expresses his/her agreement to the Contract before using i-SENS services. Therefore, please read the Contract and the related operation policies carefully. The content of the Contract can be checked from the start screen of each service while using the service.Details regarding i-SENS's efforts to securely handle users' personal information and other matters related to personal information protection can be found in Article 13 (Protection of Users' Personal Information and Sensitive Information) of the Contract, as well as in the Privacy Policy of i-SENS CGM System services.

Article 2 (Terminology)

1. The terms of the Contract are as follows.

2. Any terminology used in this Contract, if not defined in Item 1, shall be defined in related laws and individual service descriptions. Other terms shall follow general norms and business practices.

Article 3 (Contract changes and notifications)

1. Some of the services provided by i-SENS or affiliated services provided by a third party (hereinafter referred to comprehensively as ‘individual services’) will have separate regulations or a separate Terms of Use for each service. The Terms of Use for the individual services can be checked through other methods of notification; for example, the start screen of each service. If the content of the individual services contract conflicts with the content of the Contract, the content of the individual services contract applies first.

2. The user will be notified of the Terms of Use of the Contract, as well as the address, company name, CEO’s name, and name of the person in charge of personal information protection management when the user first uses i-SENS services. This information will also be displayed within each service during use to protect the right of the user to access this information.

3. i-SENS may modify the Contract as necessary within a range that does not violate applicable law. If changes are made to the Contract, the changes will be announced on the i-SENS start screen or announcement page 7 days before the changes come into effect. If the changes are expected to have an adverse effect on the user, an announcement will be made 30 days prior to the implementation of the changes (unless the change is due to a change in law or for security reasons, in which case i-SENS may need to effect changes at shorter notice) and individual members will be notified.

4. The user has a duty to check notifications of the company related to contract changes. The company shall not be held responsible for damages to the user that arise due to changes to a contract the user has agreed to, or due to the user not checking the changes to the contract.

- For EU and UK users, Deletion of Article 3, paragraph 4

 

5. If i-SENS gives a notification in accordance with the Item above and no rejection is expressed from the date of notification to the date of change, and it is clearly indicated that this shall be considered an agreement to the changes, in the case that the user does not make a remark of rejection, it will be regarded that the user has agreed to the changes.

6. If the user does not agree to the changes to the Contract, the user may not be able to continue using the services to which the Contract applies.

Article 4 (Notifications to users)

1. i-SENS may send notifications to users via e-mail, SMS/MMS, push notification services (hereinafter PNS), app alert systems, or other appropriate communication methods to inform the user, provided that users have given consent to such communication methods where required by application law.

2. When it is not possible to notify unspecified users in accordance with the previous Item, i-SENS may post the notification on the service announcement page for 30 days. However, if the content significantly affects the user or is negatively impacting the user, the changes shall be notified, and members shall be individually notified.

Article 5 (Use of i-SENS Service Account)

1. The account contract for members to use i-SENS services is activated when the user agrees to the Contract, completes the verification process of i-SENS, and provides the necessary personal information to apply for membership, and i-SENS authorises the application (referred to as ‘account contract’ or ‘membership’). i-SENS generally authorises membership, but may postpone or deny membership in any of the following cases until the issue is resolved.

2. Identity verification of the member is conducted through the e-mail registered with the account, so maintaining up-to-date information is important for using i-SENS services. If the information registered with the account has changed, the member must log in to i-SENS services and change his/her information. The member is fully responsible for any loss or damage arising from his/her failure to notify i-SENS of changes to information.

3. The member must not share his/her account with another person. An account is a unit for identifying members to manage the i-SENS service use history of each member. When a member logs into his/her account, it is deemed that the actual member is logged in unless the member notifies i-SENS that this is not the case. All posts made while logged in are also considered posts made by the member unless the member notifies i-SENS that this is not the case. Accounts are thus units of identification belonging to each member. Members, therefore, cannot sell, transfer, or lend their account to another person, and use of a member's account by another person is not permitted.

4. Each Member is responsible for any damages or loss resulting from unauthorized Account use that arises out of the Member’s breach of this Article 6 (or these terms of use more broadly).

Article 6 (Changing Member information)

1. Members can view and modify their personal information at any time through the account management page. However, some information needed for service management, such as ID and country of residence, cannot be edited directly on this page. Any need to correct such personal information should be made through the contact information provided in the Privacy Policy.

2. As mentioned in Article 5 (Use of i-SENS service account) of the Contract, if there are changes to member information from the date of membership, members must communicate the changes to i-SENS through an online edit, e-mail, or other method.

3. i-SENS shall not be held responsible for any loss or damage caused by failure to communicate changes to i-SENS in accordance with Item 2 of Article 6.

Article 7 (Member ID and password management)

1. Only the actual member can log in to the member's account.

2. The member is responsible for managing his/her ID and password and must not reveal them to a third party.

3. If a member becomes aware that his/her ID or password has been stolen or is being used by a third party, he/she must notify i-SENS immediately and follow i-SENS's instructions.

4. In the case of Item 3 of Article 7, if the member fails to notify i-SENS, or does not follow i-SENS's instructions, i-SENS shall not be held responsible for any loss or damage arising from the situation.

5. i-SENS reserves the right to restrict the use of an ID if there are concerns about potential breaches of personal information, if it is involved in anti-social activities or behaviour contrary to societal norms, or if there's a risk of it being misinterpreted as representing i-SENS management or i-SENS itself.

6. Any log-in that is judged to be abnormal may lead to ID protection measures. i-SENS may take ID protection measures that restrict member log-in if abnormal log-in behaviour is acknowledged, such as numerous connections with a single member account, frequent switching between domestic and international connections, or mass posting of illegal or commercial posts, as such activities raise concerns about potential leakage of member ID or password.

Article 8 (Termination of Contract and limitations, etc.)

1. Members can terminate their accounts and contracts with i-SENS at any time, and this is taken care of swiftly in accordance with related i-SENS regulations. Members can terminate their memberships through the i-SENS account management website (https://accounts.i-sens.com).

2. If a member terminates his/her membership in accordance with applicable law and the Privacy Policy of i-SENS, then i-SENS shall delete all related member information, excluding any such information that i-SENS must retain in accordance with applicable law. More details on retention of data are set out in the Privacy Policy.

3. If there is no record of a user logging in for a long time to use i-SENS services, the company can notify the user through e-mail, a notification within the services, or another electronic method that his/her information will be discarded or classified and saved. If there is a lack of necessary information to provide the services, the account contract may be terminated in accordance with Article 8.

4. In one of the following cases, i-SENS reserves the right to restrict services by the user in stages, including warnings, temporary blocks, permanent termination, etc.

5. Despite the previous item, an account can be terminated permanently if a member violates the law, such as by using somebody else's name or making payments that are not his/hers, which are violations of the Resident Registration Act of Korea, or providing illegal programs and interrupting operations, which violate the Copyright Act and Computer Program Protection Act of Korea, or distributing bad programs or logging in more than is permitted.

6. If a member does not log in for over one (1) year, i-SENS can disable the account for personal information protection and efficiency of operations.

7. When limiting the service in accordance with Article 8, i-SENS notifies members of the reason for limitation, the type of limitation and period, and how to object beforehand. Members can object to the decision of i-SENS through the process set by i-SENS. If i-SENS judges the reason to be fair, i-SENS shall quickly re-open the services.

8. Members who terminate membership in accordance with Article 8 must delete their own posts before applying for termination because their posts and comments on boards will not be deleted.

Article 9 (Use of the Integrated Management Service)

1. i-SENS Integrated Management Service is provided 24 hours a day, except when this is not possible to do so owing to business or technical reasons. However, i-SENS can conduct service maintenance or check-ups when necessary, and the Integrated Management Service can be limited during this time. The Integrated Management Service, which is free, may be edited, changed, or terminated partially or wholly by i-SENS in order to provide a more effective product. In this case, subject to applicable law, there shall be no compensation for users.

2. If the Integrated Management Service is upgraded, changed, added to, or deleted, i-SENS will try to notify users of the changes through the service start screen or other methods. Users are recommended to use the latest version for a smooth experience with the Integrated Service. Subject to applicable law, there shall be no compensation for users.

3. i-SENS will try to notify users of important announcements needed for use of the services. i-SENS will give notifications to users individually through e-mail or other electronic methods, or to all members using the start screen or announcement page of the i-SENS CGM System product and services domain website or app.

4. Users must abide by the regulations of the Contract and the notifications and guidelines of the services, and must not do any of the following.

Article 10 (Termination of services and notification of termination)

1. If personal information stored by i-SENS is deleted or damaged owing to a national emergency, a defect with service equipment that is beyond the control of i-SENS, or other uncontrollable circumstances, i-SENS shall not be held responsible.

2. In the case of an emergency system check-up, expansion, or change, natural disasters, national emergencies, or other circumstances where regular services cannot be provided, services may be limited or stopped temporarily. Members will be notified of the reason and period prior to the limitation to minimise inconvenience. However, if services are stopped owing to reasons i-SENS cannot control (intentionality of the system manager, disk errors, system down, etc.), or owing to the intent or fault of another party (PC communication company, period communication company, system maintenance company, etc.) prior notification may not be possible and post notifications will be posted.

3. If some or all the services need to be stopped permanently owing to a change to a new service or a business judgment of i-SENS, users shall be notified individually 30 days in advance.

4. Please note that if the service is permanently terminated owing to a clear violation of the applicable law by the user or other reason, all services and benefits through the services will be terminated and not compensated for. In this case, the user may appeal, and if the appeal is found to be fair, protective measures such as restoration shall be taken.

5. i-SENS may segment the service into specific ranges and designate different operating hours for each range. In such cases, notifications will be provided.

Article 11 (Obligations of i-SENS)

1. i-SENS does not share or distribute the personal information or sensitive information of users gained through the services to a third party without the consent of the user. However, if a request is made by an organisation related to a legal investigation or through a government office, information may be shared through the proper legal procedure.

2. To provide users with continuous, stable services, i-SENS continually fixes and restores related equipment and software in the case of errors unless there is an unavoidable situation where this is not possible. However, in the case of a natural disaster, emergency, or other unavoidable situation, services may be stopped temporarily or terminated. Refer to the Terms of Use or notifications provided by partners for information on changes or the termination of services provided by service partners such as third-party partner apps, or inquire with those parties directly.

3. i-SENS is committed to promptly addressing user complaints related to the services. If immediate resolution is not feasible, users will be informed about the reason and expected timeline.

4. i-SENS abides by applicable laws related to service operation and maintenance.

Article 12 (Obligations of users)

1. i-SENS has the authority to remove posts or impose a service suspension period if one or more of the following situations occur. Unless i-SENS is at fault due to intentionality or negligence, the user shall be held fully responsible for these actions and must reimburse i-SENS for any damage or loss incurred as a result of their conduct.

2. When limiting the service such as by removing posts or service suspension, in accordance with the previous Item, i-SENS notifies users of the reason for limitation, the type of limitation and period, and how to object beforehand. Users may appeal through the process set by i-SENS. If i-SENS judges the reason to be fair, i-SENS shall quickly restore the posts or re-open the services.

3. Users may not illegally distribute or use the commercial software through methods that are not permitted, such as hacking, decompiling, or reverse engineering. i-SENS shall not be held responsible for damages, punishment from related organisations, or legal action due to the violation of these rules, and users have the obligation to compensate i-SENS for any damages due to their actions.

4. Data sharing and download functions within the services are only possible through user selection, and the user is responsible for his/her actions.

Article 13 (Protection of the personal information and sensitive information of users)

1. i-SENS places great importance on protecting the personal information of users, and makes efforts to protect the personal information of users in accordance with the Personal Information Protection Act of Korea, GDPR, and other related laws.

2. The personal information of users is collected and used to the minimum extent necessary within the purpose and range agreed to by the user for the smooth provision of services. Notifications related to services and marketing information may be sent to the user's contact information within the purpose and range agreed to by the user. Information related to personal information protection and handling and other related areas can be accessed through the service menu and the Privacy Policy (https://accounts.i-sens.com/auth/policy/privacy).

Article 14 (Rights to ownership)

1. The copyrights and intellectual property rights of the services belong to i-SENS.

2. The copyright and other intellectual property rights of work provided by a third party that has a contract with i-SENS belong to the company that provides the work, unless stated otherwise in the contract with the party.

3. i-SENS owns all intellectual property rights to its services, as well as all information and material provided through those services. All these assets, or the rights to use them, belong to i-SENS and are subject to the protections accorded under applicable laws. A written contract with i-SENS is mandatory to use the information and services in this Item for any purpose beyond the scope of the provision of services, including quoting, or even for non-profit purposes. Any use of the information or services provided by i-SENS beyond the scope of the provision of services, including quoting or non-profit purposes, must include clear attribution to i-SENS as the source. This includes copying, modifying, reproducing, distributing, publishing, exhibiting, transferring, or selling the material. It is also not permitted to use the material to create tangible or intangible products or services.

4. According to Item 3 of this Article, even if a user uses the information and material of i-SENS on the basis of a written contract with i-SENS, opening and providing the information to a third party other than the party of the Contract is not allowed. If there is a violation, the user will be held responsible for compensation for damages.

5. If the user agrees to the Contract and abides by it, i-SENS grants the user the right (hereinafter referred to as ‘service licence’) to use limited services (including service software) that are nonexclusive and can be cancelled. The user can only use this service licence for the purpose of providing services and cannot transfer to another party or reuse the content. The user is permitted to use the services only during the period for which the service licence is granted, and the user recognises and agrees that any other rights, such as service property rights and intellectual property rights, are not transferred to the user. This service licence does not apply to the i-SENS service name, brand, or logo, and all copyrights, trademark rights, patent rights, and other related rights belong to i-SENS and are protected by related laws.

Article 15 (Exemptions)

1. If damages arise for the user while using the services, i-SENS is liable only when it is directly accountable for the resultant harm. i-SENS shall not be held responsible for damages that occur without deliberate intent or negligence, as specified in the following Items:

2. There is a possibility of errors in services and legality due to reasons that are not the responsibility of i-SENS (including but not limited to safety, reliability, accuracy, completion, validity, corresponding to a certain purpose, security errors, errors and bugs, violation of rights, etc.). i-SENS shall not be held responsible for service error if there is no intentionality or fault on the part of i-SENS.

3. i-SENS Services are not medical or healthcare services, and i-SENS is not a healthcare professional and does not provide medical, health, or other professional services or advice. i-SENS does not verify the accuracy of any information provided through i-SENS services. The information provided to the users through i-SENS services is for reference only, and cannot be a substitute for proper medical diagnosis or treatment. The use, and further disclosure thereof to healthcare providers, of any information received in accordance with i-SENS services is solely at the discretion and risk of the user. Subject to applicable law, i-SENS services are provided without any warranty whatsoever and in this regard, i-SENS disclaims all liability.

4. The services provided to the user by i-SENS may include products and services provided through a third party collaborating with i-SENS, and the third-party provider shall be responsible for these products and services

5. Even in the case defined in Item 4 of this Article, if a user suffers damages due to unfulfilled liabilities or illegal actions due to the fault of i-SENS (excluding cases of severe fault), i-SENS shall not be held responsible for damages that are not direct damages but are due to a special circumstance, are indirect damages, or are other damages, etc. (including cases where i-SENS or the user predicted or could have predicted the occurrence of damages).

i-SENS agrees to provide the Integrated Management Service and other services with reasonable skill and care. For a ‘Business Member’, who is a person acting for purposes of their trade, business, craft or profession, and is acting in the course of a business, and who must register membership and have their ‘Patient’ give the requisite permissions and authorisations for them to access the data associated with the patient’s CGM System, in light of these commitments, the terms implied by sections 3, 4, and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by applicable law, excluded from the Contract.

Article 16 (Compensation for damages)

Should the user employ the services for any purpose other than those stated in the Contract, including but not limited to unauthorised duplication of whole or part of the content, distribution of content, provision of content through print or electronic storage devices, such actions constitute a breach of the user's obligations. In response to such violations, i-SENS reserves the right to seek compensation for all damages resulting from these activities.

Article 17 (Regulations outside of the contract)

Any circumstances not stated in this Contract and the interpretation of this Contract shall be based on the individual service contract or related applicable laws. If there are no applicable laws, general accepted practices shall be followed.

Article 18 (Governing laws and solutions to conflict)

1. The original copy of the Contract shall be in Korean.

2. The relationship between the user and i-SENS in relation to the Contract and i-SENS services shall follow Korean law.

3. Disputes between the user and i-SENS that arise in relation to the use of the services or the Contract shall be resolved through negotiations between the two parties. However, if a resolution cannot be reached, a court jurisdiction shall be decided in accordance with Civil Procedure Act and applicable law.

Regarding users from UK, it is established that: the Contract will be in English, and that the Contract will be governed by English law. Any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.

Regarding users from Germany, it is established that: the Contract will be in German, and that the Contract will be governed by German law. Any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by German law.

Regarding users from other EU Member State, it is established that: the Contract will be in the local language, and that the contract will be governed by local law within the EU Member State. Any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by the local law within the EU Member State.More information on online dispute resolution can be obtained by following this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. i-SENS is not obliged to participate in online dispute resolution.

■ Supplementary Provisions

Article 1 (Date of execution) This contract shall be executed from 16 October 2023.

If you have any queries about the i-SENS CGM System services, please contact the Customer Centre (080-910-0900).