Terms and conditions for participation in the BeUno Beta Test Program
The Beta Tester acknowledges that they are aware of the following:
This is a Beta Test Program
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 in a biocompatible borosilicate glass capsule. The Device does not contain a battery, but is activated and read using an NFC-enabled smartphone or reader. Upon manufacture the Device is placed inside of a single-use injector contained in a sterile pouch (the “Implantation Kit”) which must not be breached until the moment of implantation.
The Product i) is a prototype under test in beta test stage, and 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) could not become fully functional; iv) the information obtained using the Product may not be accurate and may not accurately correspond to information extracted from any database or 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 will never be considered as a consumer.
Use of the Product
The Beta Tester should not rely on the Product for any reason. The Product is not a medical device and is not intended to mitigate, prevent, treat, cure, monitor or diagnose any disease or condition. It cannot be used for treatment or diagnosis.
Upon confirmation of the enrollment of the Beta tester in the program, the Beta Tester will pay an Enrollment fee (the “Enrollment Fee”). The Implantation Kit will then be shipped to the Implantation Partner selected by the Beta tester.
Implantation Partners (“Implantation Partner”) are medical clinics and licensed piercing studios that have the knowledge, qualifications, facilities, permits and certifications needed in order to perform implantations of the applicable kind. All Implantation Partners are vetted by DSruptive and an active list of Implantation Partners are maintained on the DSruptive website.
The Implantation Partner is responsible for the entire implantation procedure and any physiological complications arising from the implantation procedure. The fee for the implantation procedure is not included in the Enrollment fee, must be separately agreed between the Implantation Partner and the Beta Tester, and should cover all services and liabilities related to the procedure and eventual explantation.
The Beta tester has confirmed that they do not have any allergies, disease, medication regime, or other health condition that could constitute a risk related to their participation in the Beta Program. In case of any doubt, the Beta tester will consult a medical professional before the implantation. The Beta tester must inform the Implantation partner of any potential concerns or risks related to the implantation procedure and program participation before the completion of the implantation.
The Beta tester is aware that the implantation and eventual explantation of the Device means a risk for pain, discomfort, bruising, infection, injury, syncope and scarification.
DSruptive and its Implantation partners will take all available precautions to minimize these risks. Nonetheless, by agreeing to these terms and conditions the Beta tester accepts the responsibility for these risks and agrees to hold DSruptive and its Implantation partners free of any liability relating to the procedure.
Responsibilities of the The Beta Tester
Some smartphones do not have NFC capabilities and some NFC-enabled smartphones might have difficulties reading the Device. It is the responsibility of the Beta tester to ensure that they have a smartphone which is compatible with reading of the Device.
As DSruptive for the reasons above cannot guarantee the long term storage, quality and integrity of the data collected through the use of the Product, the Beta Tester accepts that it is their responsibility to backup and maintain the data that is retrieved using the Product.
Right to termination but not to participation
The Beta Tester may discontinue or terminate their participation in the BeUno Beta Test Program at any time.
DSruptive retains the right to reject any Beta Tester enrollment application and to terminate the participation of any Beta tester in the program on a discretionary basis.
The Beta Tester 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 Beta Tester 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 BeUno Beta Product.
The Beta Tester 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.
The Beta Tester agrees to not reveal any confidential information about the Product, make social media posts, or media interviews about the Product without prior consent from DSruptive.
The Beta Tester will not disclose to third parties any information about the device, the software and/or the information contained in the device,
The 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.
Use of data 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 data in a confidential manner, will not reveal it to third parties and will take precaution to ensure third parties cannot match the information with the Beta Tester or any particular person.
Details of DSruptive
DSruptive is DSruptive SL, based in Gerona 8 bj, 04001 Almeria, with ID number ESB42732511 contact firstname.lastname@example.org