These Terms and Conditions of Use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by amogavi.com, including the https://amogavi.com/ website (the “Site”) and the services available to users through the Site or amogavi.com, which collect a user’s data to improve performance and productivity. Your compliance with these Terms of Use is a condition for your use of the Site. If you do not agree to be bound by the Terms of Use, you are not authorized to access or otherwise use the Site, services, or any information provided through the Site or Services. Please also consult our privacy policy link for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Site and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes, so you should check the Terms of Use from time to time to determine if changes have been made.
The amogavi.com services are not intended to provide diagnosis, treatment, or medical advice and should NOT be used, relied upon, or replace any medical advice or prescription medical device recommended by your doctor. amogavi.com does not provide any physicians’ or other providers’ services itself nor does amogavi.com verify the accuracy of any user data. Any information or advice received from a provider comes from them alone, and not from amogavi.com. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither amogavi.com nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the website or app. amogavi.com does not endorse any specific tests, physicians, medications, products, or procedures that are recommended by providers that may use amogavi.com to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
amogavi.com does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.
1. The Company reserves a unilateral right to change the Agreement and all related aspects of the Agreement, such as payments regarding the Service. The Company shall notify the user through the website, email, or the service of such changes. The changes shall take effect immediately upon being displayed on the website. By using the Service after the changes, the User accepts the changes as legally binding. 2. The minimum age for a User is 18 years. Younger persons are not allowed to use the Service. 3. By using the Service, the User warrants that the User is legally qualified and entitled to enter into a binding legal relationship with the Company in the form of the Agreement and in compliance with applicable legislation.
1. The User must truthfully provide all information into the Service. 2. The User shall be solely responsible for all activities performed through the Account and for the safe use of the username, password, maintenance, confidentiality, and all other such matters regarding the User’s Account. 3. Only the User may use the Service via the User’s Account. If the User becomes aware that someone else has used the User’s Account, the User must notify the Company immediately of the unauthorized access through email at support@amogavi.com.
1. The Service consists of the Website and Software App and may, or may not, include the Products. The Service may be purchased for a fixed term. Upon termination of the fixed term, the fixed term Agreement shall automatically extend for successive fixed-term periods at the then-current rate. If the Service includes Products, the User may purchase additional Products during the term at a price that, in addition to the price of the Product, includes shipping, handling, packaging, and other Product-related costs. 2. The Service helps the User understand the basics of the User’s metabolic health by providing metrics on how e.g. exercising, sleep, and diet may affect the User’s blood glucose levels. The Service may include a monitoring system that tracks the User’s blood glucose through a flexible filament. 3. The only purpose of the Service is to provide information to the User, which may help improve the User’s well-being. The purpose of the Service is not to provide medical, health, or other similar professional services or advice to the User or any other third party. The User must consult a doctor before making any medical decisions, and such decisions should not be based on information gained from using the Service. The Service may show inaccurate values at any point, and no medical decisions should be made based on the data from the Service. 4. The Service is available in selected countries only. The Company assumes no responsibility for the functioning of the Service outside these countries. It is the User’s responsibility to check the list of countries where the Service can be used. The currently available countries are listed here: China, Kazakhstan.
1. The Company is not a healthcare professional, and it does not provide medical, health, or other similar professional services or advice to the User or any other third party. 2. The Service does not contain medical, health, or other similar professional services or advice to the User or any other third party, nor is the Service a replacement for such services or advice. 3. Should you have any questions related to medical, health, or other similar matters, the Company expressly advises you to be in touch with a medical professional, or in the case of a medical, health, or another similar emergency, the Company expressly advises you to be in touch with a medical professional. 4. You should never disregard any medical advice or delay seeking medical advice due to any possible information provided by or in connection with the Service, consider any information in the Service or in connection with the Service as any kind of medical, health, or other similar diagnosis or treatment, or use the Service or any information in the Service for any kind of medical, health, or other similar diagnosis or treatment purposes. 5. The communication through the Service or via email with a representative(s) of the Company shall not constitute nor create a doctor-patient relationship between the User and the Company.
1. The User is solely responsible for the User’s own use of the Service and all activities carried out via the User’s account. The User shall act in accordance with all applicable laws and regulations.
2. The User is solely responsible for the User’s electronic devices, communication devices, and other such devices, as well as matters such as hardware condition, internet connection, antivirus, backup, and other similar issues. Furthermore, the User is solely responsible for securing and maintaining its own access to the Service.
3. The User agrees to use the Service only for personal purposes as permitted by the Agreement.
4. We have the right to remove the Account if the User violates this Agreement, law, or good practice or has not signed into the Service for 12 months or for any other reason.
5. The User agrees not to take any actions that disturb or in any other way hinder the Service or its servers or networks.
6. The Service may contain links to third-party websites. If the User visits such websites, the User does so at its own responsibility and risk. Furthermore, the reliability assessment of any possible information on such third-party websites shall be on the User’s own responsibility and risk.
7. The User agrees not to send, transmit, or store material through the Service that violates good practice or any applicable law. The User also agrees not to incite others to engage in any such activities. Furthermore, the User agrees not to violate anyone’s intellectual property rights through the Service.
8. If the User does not comply with this Agreement or the Company has justifiable reasons to suspect that the User does not comply with this Agreement, the Company may terminate the Agreement with direct legal effect, delete the User’s Account, and implement any other similar procedure.
9. Any complaint of non-conformity of a Product or the Service must be communicated to the Company by the User via an email to support@amogavi.com; the email shall at a minimum include a description of the non-conformity, adequate evidence of the non-conformity, and any other information essential for the confirmation of the non-conformity by the Company. All complaints of non-conformity shall be made within a reasonable time of the User having become aware of the non-conformity. The User understands and accepts that if the User claims a refund of a Product or a replacement Product due to non-conformity of the Product, the Company shall need to be able to verify the non-conformity of the Product. Therefore, if the User claims a refund or replacement of a Product, the User has an obligation to provide the Company with the said Product and support the Company to a reasonable extent by examining and solving possible issues in the Product (e.g. by using Products as instructed by the Company or providing screenshots of malfunctions). To be noted, the User understands and accepts that if the User does not provide the Company with the Product that is allegedly subject to non-conformity and does not provide the Company with such reasonable support that allows the Company to examine the issue, the User shall not have a right to request a refund or replacement from the Company of the said Product. The Company may, in its sole discretion, decide whether to replace a non-conforming Product instead of refunding it. The Company may delegate any issues relating to replacements to the manufacturer of the Products.
10. The User agrees to be solely responsible for any failure to comply with the User’s obligations under this Agreement and for their consequences.
11. The User agrees not to use or wear Products or use Services negligently or in any way they are not meant to be used as per the Agreement or other instructions or guidance issued with the Products.
12. The User’s rights under peremptory provisions of any applicable consumer protection law may not be limited by this Agreement. Therefore, in case of a discrepancy between the Agreement and such peremptory provisions of applicable consumer protection law, the peremptory provisions of the applicable consumer protection law shall have priority over the Agreement.
1. The Company operates only and solely as the provider of the Service. Thereby, the Company shall be responsible only for the matters determined in this Agreement or in peremptory provisions of applicable laws.
2. The Company is not responsible for any actions a User takes or does not take based on the information in the Service.
3. Under no circumstances shall the Company be liable for any direct or indirect damages arising out or in connection with the User’s use of or inability to use the Service.
4. The Company does not express or imply warranties or representations about the operation of features of the Service, and the Company does not promise that the Service will function without interruptions or errors. The Company is not responsible for any damages to the User or third parties caused by the use, malfunctions, technical defects, or malicious software of the Service or third-party links or any other such causes.
5. The Company has the right to disable the Service or a part of it due to maintenance, installation, modification, public order and safety, system overload or other similar cause. The Company may terminate (permanently or temporarily) the provision of the Service (or any part of them), either to the User or Users generally, entirely at the Company’s own discretion and without prior notice.
6. The Service is provided on an “as is” and “as available” basis without warranties of any kind, including, without limitation, representations, warranties, and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade.
7. The Company has undertaken reasonable efforts to ensure that the images of the Products in the Service are faithful reproductions of the physical Products. Despite the adoption of technical solutions to minimize inaccuracies, however, there may be some discrepancies (e.g., color resolution) between the images and the Products due to technical limitations. The Company shall not be liable for any inadequacy of the graphic representation of the Products displayed in the Service arising from such technical limitations.
8. All the Products displayed for sale in the Service benefit from the legal guarantee of conformity for products pursuant to the peremptory provisions of applicable consumer protection law.
9. The Service may also enable you to view, access, communicate and interact with third-party sources, meaning e.g. third-party websites and services. We do not assume any responsibility for the content, actions, or practices of any such sources. Your interaction with such a source and your use of, and reliance upon, any content provided by such sources is at your sole discretion and risk.
10. The Company shall not be liable for any data loss or other damage or loss resulting from or in connection with the use of the Service, including any failure to provide adequate security or backup of the devices that you are using.
11. The Company is not responsible for the content and uploaded materials of the Service or its correctness, except for the content and materials generated by the Company. Furthermore, the Company does not review or exercise editorial control in respect of the content or interactions, including their accuracy or suitability for purpose.
12. The Company has the right to remove materials and links (i) that have been denied or reported by the Company in the Service, or (ii) which, according to the Company, are unlawful, contrary to good practice or this Agreement, inappropriate or erroneous, or (iii) harmful to the Company, other Users or third parties. The Company also has the right to remove materials and links from the Service if the materials or links contain any legally questionable or offensive information or content that is inappropriate for the Company.
13. The Service may derive anonymized data i) from the way the User uses the Service in general and ii) from the gathered data by the Service (hereinafter “Anonymized Usage Data”). The Company shall own all rights, titles, and interests in and to all Anonymized Usage Data, and therefore, the Company may freely use the Anonymized Usage Data for its own purposes.
You agree to pay the Subscription Fees as described more fully during the purchase and payment process. Any payment terms presented to you in the process of obtaining your Subscription are deemed part of this Agreement.
1. Billing. We may collect payments from you directly, or we may use a third-party payment processor “Stripes” to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your Subscription. The processing of payments by a Payment Processor will be subject to the terms, conditions, and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to purchase a Subscription, you agree to pay us, either directly or through the Payment Processor, all Subscription Fees and other charges at the prices then in effect and in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that we or the Payment Processor make, even if we or the Payment Processor have already requested or received payment.
2. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
3. Recurring Billing. The Subscription payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Subscription Fees have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
4. Auto-Renewal. The Subscription will be automatically extended for successive monthly renewal periods at the then-current non-promotional rate. To change or terminate your Subscription at any time, go to Account settings at https://amogavi.com/. If you terminate your Subscription, you may use your Subscription until the end of your then-current term, and your Subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel or terminate your Subscription before the end of the recurring term. Subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, amogavi.com will not refund any amounts that you have already paid.
1. You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
2. During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for your personal use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
3. The rights granted to you in this Agreement are subject to the following restrictions:
- No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
- No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
- No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
- No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
- No Competition. You shall not access or use the Content to build a similar or competitive website, product, or service.
- Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.
4. All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.
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Email: support@amogavi.com