By downloading or using products developed by Dsruptive SL and/or Dsruptive Subdermals AB (DSruptive), including but not limited to BeUno App, BeUno hardware devices, and BeUno SDK, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app.
A. BeUno App
You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to DSruptive.
DSruptive is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The BeUno app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the BeUno app won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
You should be aware that there are certain things that DSruptive will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but DSruptive cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, DSruptive cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, DSruptive cannot accept responsibility.
With respect to DSruptive’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. DSruptive accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. DSruptive does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
B. BeUno Beta SDK License
BeUno Beta SDK License Agreement
This SDK License Agreement (“Agreement”) is between Dsruptive SL. (“DSruptive”) and the person or entity accessing, installing or using the licensed software and any associated documentation (“You”). The terms also apply to documentation for the application programming interfaces (collectively the “APIs”) and any software code provided by DSruptive in conjunction with such documentation. The software code, documentation, APIs, and other materials made available by DSruptive are collectively referred to in this Agreement as the “SDK”. This Agreement defines each party’s rights in the SDK.
BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE SDK, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE SDK.
The SDK is made available by DSruptive to facilitate the development of mobile and/or web applications that can interact with NFC chip implants. This Agreement applies to any SDK that includes, displays, or links to this Agreement, and to any updates, supplements, or support services for the SDK, unless other terms accompany those items. If so, those other terms apply.
- Grant of License
Subject to the terms and conditions of this Agreement, DSruptive grants You a non-exclusive, non-transferable, royalty-free license to:
- install and use the SDK in object code form only to develop programs consisting of compiled code generated using the SDK, or any part thereof, designed to function with DSruptive’s BeUno implants and other DSruptive products (“Developed Programs”);
- make a limited number of copies of the documentation to be used by Your employees or consultants for development purposes only, and not for general business purposes or for distribution; and
- distribute the SDK in object code form only as a component of Developed Programs.
- Restrictions on Licensed Rights
- You will not:
- modify, disassemble, decompile, or reverse engineer any part of the SDK;
- copy (except for backup purposes and with all labeling and copyright notices intact) or otherwise reproduce the SDK, in whole or in part;
- modify, adapt, alter, translate, or incorporate into or with other software or create a derivative work of any part of the SDK, except as expressly permitted herein;
- remove, modify, or otherwise tamper with notices or legends on the SDK or any labeling on any physical media;
- use the SDK in any manner to provide service bureau, time sharing, or other computer services to third parties;
- distribute the SDK (other than the incorporation of distributable elements of the SDK in Your Developed Programs in accordance with the terms of this Agreement);
- disclose the results of any performance benchmarks or similar testing of the SDK to any third party without DSruptive’s prior written consent;
- publish the SDK for others to copy; or
- use the SDK to develop applications for other platforms or to develop another SDK.
- In addition, You will not:
- use DSruptive’s trademarks to market Your Developed Program without written permission of DSruptive;
- use DSruptive’s trademarks in a way that suggests Your Developed Programs come from or are endorsed by DSruptive;
- use the SDK to create, develop, or use any program, software, or service which (1) takes away the functionality of DSruptive products or other DSruptive software; (2) exposes and/or discloses header file information; (3) contains any viruses, Trojan horses, worms, logic bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (4) when used in the manner in which it is intended, violates any applicable law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti discrimination, false advertising, or data privacy); or (5) interferes with the operability of other DSruptive or third-party programs or software; or
- modify, distribute, or convey the SDK so that the SDK becomes subject to any license which requires, as a condition of license, use, modification, distribution, or conveyance, that (1) the code be disclosed or distributed in source code form; (2) others have the right to modify or create derivative works of it; and/or (3) it becomes redistributable at no charge.
- You will:
- distribute the object code under the terms and conditions of an end user license agreement which requires that end-users not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the SDK, DSruptive file formats, DSruptive protocols, and/or any part thereof; and which requires end-users to indemnify, defend, and hold harmless DSruptive from any claims, including judicial and attorneys’ fees, related to the distribution or use of Your Developed Programs;
- include on each copy You distribute all applicable copyright and trademark notices;
- be solely responsible to Your customers for any update or support obligation or other liability which may arise from such distribution;
- not make any statements that Your Developed Program is “certified,” or that its performance is guaranteed, by DSruptive;
- remain at all times responsible and liable for the misuse or unsafe usage of the SDK by Your employees, consultants or even by unsupervised customers.
- Ownership of Intellectual Property
The SDK and any authorized copies that You make are the intellectual property of, and all rights therein are owned by, DSruptive. The structure, organization, and code of the SDK are valuable trade secrets and confidential information of DSruptive. The SDK is protected by law, including without limitation the intellectual property laws of Spain and the European Union, and by international treaty provisions. You agree to protect DSruptive’s copyright and all ownership interests in product, content and branding present in SDK items. You agree that all copies of items in the SDK reproduced for any reason by You will contain the same copyright, trademark, and other proprietary notices as in the SDK. DSruptive retains all right, title, and ownership throughout the world in the intellectual property embodied within the SDK. Except as stated herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the SDK, and all rights are reserved by DSruptive.
DSruptive is not obligated to provide any technical or other support (“Support”) for the SDK. However, if DSruptive chooses to provide any Support to You, Your use of such Support will be governed by then-current DSruptive policies.
With respect to any technical or other information You provide to DSruptive (whether oral or written) in connection with the SDK (including but not limited to reporting errors, or making suggestions for improvements or changes to the SDK), You agree that DSruptive has a perpetual, irrevocable, unrestricted right to use such information for its business purposes, including for product support and development. DSruptive will not use such information in a form that personally identifies You.
- Upgrades; End of Life
DSruptive is not obligated to provide any upgrades or future versions of the SDK. DSruptive reserves the right to discontinue offering the SDK, or to modify the SDK at any time, in its sole discretion. If You are dissatisfied with any aspect of the SDK at any time, Your sole and exclusive remedy is to cease using the SDK.
- Developer Credentials & Licence Keys
You agree that you are responsible for maintaining the confidentiality of any developer credentials that may be issued to you by DSruptive or which you may choose yourself and that you will be solely responsible for all applications that are developed under your developer credentials.
- EXPORT RESTRICTIONS
THE SDK IS SUBJECT TO SPANISH EXPORT LAWS AND REGULATIONS, AND THUS FOR EUROPEAN UNION LAW AND REGULATION OF THE SAME. YOU MUST COMPLY WITH ALL SPANISH, EU AND INTERNATIONAL EXPORT LAWS, WHICH INCLUDE RESTRICTIONS ON DESTINATIONS, END-USERS AND END USE ON THE BASIS OF THE USER’S RIGHTS PROTECTION AND DATA PROTECTION.
You acknowledge and agree that You will not import, export, or re-export, directly or indirectly, the SDK or related information to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, without limitation, the export regulations of Spain, and the import and export restrictions of the European Union, as well as, many other international countries. You further agree to defend, indemnify, and hold harmless DSruptive, its affiliates, and their respective directors, officers, employees, agents and representatives from any losses, costs, claims, or other liabilities arising out of your breach of this Section.
- Data Collection
- Trademark License
Nothing in this Agreement gives you a right to use any of DSruptive’s trade names, trademarks, service marks, logos, domain names or other distinctive brand features. You agree that you will not adopt, use or attempt to register, whether as a corporate name, domain name, product name, trademark, service mark or other indication of origin, any trademark of DSruptive or any mark that is confusingly similar to or will dilute the distinctive nature of the DSruptive trademarks. You also agree that you will not include the term “DSruptive” as part of the name for any application that you develop using the SDK.
- Modifications Notices
DSruptive may change this Agreement by giving You notice before the change is in force. If You do not agree to these changes, then You must cancel and stop using the SDK before the changes are in force. If You do not stop using the SDK, then Your use of the SDK will continue under the changed Agreement. DSruptive may give notices to You, at DSruptive’s option, by posting on any portion of the DSruptive website (www.dsruptive.com) or the BeUno Developer Portal, or by electronic mail to any email address provided by You to DSruptive.
- Term and Termination
This Agreement is effective until terminated. DSruptive has the right to terminate this Agreement immediately if You fail to comply with any term of this Agreement. Despite anything contained in this Agreement to the contrary, DSruptive may, in its sole discretion, terminate or suspend access to the SDK at any time. You acknowledge that termination of Your rights and/or monetary damages may not be a sufficient remedy if You breach this license and that DSruptive will be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief in the event of a breach. Upon any termination of this Agreement, You must (a) destroy or return to DSruptive all full and partial copies of the SDK and (b) discontinue distribution of any Developed Programs. Sections 2, 3, 5, 7, 8 and 11-17, along with any other provisions that would reasonably be deemed to survive termination, shall survive any termination and/or expiration of this Agreement.
- DISCLAIMER OF WARRANTIES
THE SDK IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. DSRUPTIVE DISCLAIMS ALL WARRANTIES – STATUTORY, EXPRESS OR IMPLIED – INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DSRUPTIVE PROVIDES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES WITH RESPECT TO YOUR USE OF THE SDK. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE.
- Allocation of Risk
You and DSruptive agree that the foregoing warranty disclaimer and limitation of liability set forth below, respectively, fairly allocate the risks in the Agreement between the parties. You and DSruptive further agree that this allocation is an essential element of the basis of the bargain between the parties, that DSruptive would not have entered this Agreement without these limitations, and that the limitations will apply notwithstanding any failure of the essential purpose of this Agreement or any limited remedy hereunder.
- Limitation of Liability
IN NO EVENT SHALL DSRUPTIVE BE LIABLE TO YOU FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES. DSRUPTIVE’S CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE LESSER OF (A) THE ACTUAL AMOUNTS PAID BY YOU TO DSRUPTIVE FOR THE SDK AND (B) FIVE EUROS (5.00€).
To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless DSruptive, its affiliates, and their respective directors, officers, employees, agents and representatives from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees), arising out of or allegedly based (in whole or in part) on: (a) Your use of the SDK; (b) any of Your applications using the SDK that infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person, or defames any person or violates their rights of publicity or privacy; (c) any violation by You of any applicable law or regulation; or (d) any non-compliance by You with the terms of this Agreement.
- Applicable Law; Venue
This Agreement will be governed by and construed in accordance with the laws of the Government of Spain. Any legal action or proceeding arising under this Agreement will be brought exclusively in the civil judicial regimen of Spain, and the parties hereby irrevocably consent to personal jurisdiction and venue therein.
- General Provisions
This Agreement is not assignable or transferable, in whole or in part, by You, whether involuntarily, by merger, operation of law or otherwise, without DSruptive’s prior written consent. Any attempted transfer in violation of this Section is void. A waiver of any default hereunder or of any of the terms and conditions of this Agreement will not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but will apply solely to the instance to which such waiver is directed. The exercise of any right or remedy provided in this Agreement will be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by this Agreement. Captions in this Agreement are for the convenience of the parties only and will not affect the interpretation or construction of this Agreement. In the event any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed from the remainder of this Agreement, and such remainder will remain in force and effect. The parties agree to replace any such invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior and/or simultaneous representations, discussions, negotiations and agreements relating to the SDK, whether written or oral.
C. BeUno Beta Test Program
The Beta Tester acknowledges that they are aware of the following:
1. 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.
2. 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.
4. Health conditions
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.
5. Foreseeable risks
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.
6. 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.
7. 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,
9. No Warranty
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.
10. 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.
D. Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2020-11-23
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at email@example.com.