Terms and conditions for participation in the BeUno Beta Test Program.
About the product
The BeUno Beta (the “Product”) consists of a subdermal implantable device equipped with a temperature sensor (the “Device”) and a mobile app (the “App”), which are both in Beta test stage. The Device is contained within a capsule made of biocompatible borosilicate and is delivered in a single-use injector contained in a sterile pouch (the “Implantation Kit”).
The Product is a prototype under test in Beta test stage, this means that
- i) it is not a marketed product nor has been commercially released for sale by DSruptive;
ii) may not operate properly, be in final form or fully functional;
ii) may have errors, design flaws or other problems;
iii) may never become fully functional;
iv) the information obtained using the Product may not be accurate and may not accurately correspond to information extracted from any other source;
v) the use of the Product may result in unexpected results, loss of data or communications, or other unpredictable damage or loss;
vii) DSruptive is under no obligation and/or liability to release a commercial version of the Product;
viii) DSruptive has the right to unilaterally abandon development of the Product, at any time and without any obligation or liability before the Beta Tester; and
ix) the Beta tester is not be considered as a consumer.
Implantation
The implantation of the Device must be done, at the choice of the Beta Tester, at one of the implantation partners (“Partners”). The Partners are clinics and piercing studios that adhere to professional standard for implantation procedures and are listed on the Dsruptive website: https://dsruptive.com/partners
When the Beta Tester orders the Product, DSruptive will ship the implant kit to the Partner selected by the Beta Tester. The Partner will then schedule an appointment with the Beta Tester to arrange for implantation in its premises.
The fee for the implantation procedure will be agreed between the Partner and the Beta Tester and should cover all services and liabilities related to the procedure and eventual explantation. The Partner is responsible for any damage and/or any physiological complication arising from the implantation procedure.
DSruptive is not liable for any mistakes made by the implantation centers and will not be liable for any complications that come out from a wrong execution of the implantation procedure or any liabilities related to the procedure.
DSruptive’s rights and responsibilities
DSruptive reserves the right to reject any participant from participation in the Beta program without explanation.
DSruptive will do its best to rectify any user issues with the device, but is ultimately not liable for the functionality of the Device, any damage to it or to the data contained in it. The Beta Tester should not rely on the Product for any reason.
As Dsruptive can not guarantee the maintenance of the data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Product, the user is ressponsbile to arrange for their own backup storage of said information.
The Product is not a medical device and is not intended to mitigate, prevent, treat, cure or diagnose any disease or condition. It cannot be used for treatment or diagnosis.
DSruptive does not provide or is responsible for the compatibility of the devices used by the Beta Tester to read the Device. Some smartphones do not have NFC capabilities and some NFC-enabled smartphones might have difficulties reading the Device.
Warranty
The beta Product is provided “as is'', without warranty of any kind, and DSruptive and its licensors disclaim all warranties, express, implied, or statutory, including without limitation any implied warranties of title, non-infringement of third party rights, merchantability, or fitness for a particular purpose. The entire risk arising out of the use or performance of the beta Product remains with the Beta Tester.
Confidentiality
The Recipient agrees that nothing contained in this Agreement shall be construed as granting any ownership rights to any Confidential Information disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right. The recipient shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information or the Beta product. The recipient will not modify, reverse engineer, decompile, create other works from, or disassemble any hardware or software contained in the Confidential Information or the Beta product.
Right to leave
The Beta Tester may discontinue or terminate his/her participation in the BeUno Beta Test Program at any time without penalty or loss of benefits to which could be otherwise entitled.
Use of information by Dsruptive
The Beta Tester acknowledges and agrees that DSruptive can use all the data collected with the Product and treat them in the way they consider appropriate. DSruptive will use this information in a confidential manner, will not reveal it to third parties and will take the necessary actions to ensure third parties cannot match the information with the Beta Tester or any particular person.
Approval
By approving these terms and conditions, the Beta tester confirms that they are over the age of 18 and that they are not aware of health condition which may prevent from participating in the Beta program, including but not limited to allergies, illnesses, conditions or other conditions which may constitute a risk.
