End User License Agreement & Terms of Use


This End User License Agreement & Terms of Use (together “Terms of Use”) govern your use of this calculator (the “App”). Please read these Terms of Use carefully before you start to use the App, as this document is a legal agreement between you and Abbott Product Operations AG and its affiliates and subsidiaries (together, “Abbott,” “us,” or “we”). Abbott is not a common carrier or public utility.


THE INFORMATION THAT YOU RECEIVE VIA THE APP IS NOT INTENDED TO BE, NOR SHOULD IT BE REGARDED AS COMPRISING MEDICAL ADVICE OF ANY NATURE.

THE APP IS NOT INTENDED FOR THE DIAGNOSIS OF ANY MEDICAL CONDITIONS. USERS SHOULD BE AWARE THAT THE APP IS MERELY AN INFORMATION SERVICE AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE YOU AS A HEALTH CARE PROFESSIONAL PROVIDE TO YOUR PATIENTS.

BY INSTALLING, ACCESSING, OR CHECKING THE BOX “I AGREE WITH THESE TERMS OF USE”, YOU INDICATE THAT YOU INTEND YOUR ACT TO SERVE AS: (A) YOUR ACKNOWLEDGEMENT, ACCEPTANCE AND CONSENT OF THESE TERMS OF USE; AND (B) YOUR SIGNATURE TO THESE TERMS OF USE IS TO HAVE THE SAME FORCE AND EFFECT AS THE USE OF A MANUAL SIGNATURE.

IF YOU DO NOT ACCEPT ALL TERMS OF THESE TERMS OF USE, DO NOT USE THE APP.


  1. GENERAL

    • The App is designed as an education and engagement tool for physicians and aims to enhance their skills and knowledge. The app provides interactive educational content and medical information updates.
    • The App is not a medical device. The App, and the content and information available through it, should not be used as a basis for any diagnosis, monitoring, management, or treatment of any medical condition. The information provided in the App is provided by Abbott for general information purposes only and does not provide complete medical information. It is not intended to, and does not provide medical advice of any nature, nor a means for users to self-diagnose any medical condition. Nothing contained in the App is intended to replace a physician-patient relationship, or to be a substitute for medical advice. Never disregard professional advice based on the information contained in the App. The App does not offer personalized medical diagnosis or patient-specific treatment advice. You further acknowledge that the App, Content, and Abbott customer service contacts are not intended for use in an emergency response situation and are not suitable for use in such situations where failure, delay, inaccuracies, or errors in the App or Content available through the App could lead to death or personal injury. The App, Content, and Abbott customer service contacts cannot be considered a lifesaving solution, and they are not a substitute for emergency services. All life threatening and emergency situations should be directed to the appropriate emergency response services in your area. You may not post health or similarly sensitive personal information to the App.
    • No part of the App is directed to persons under the age of 18. By using the App, you represent and warrant you are at least 18 years of age.
    • These Terms of Use govern any updates Abbott provides to you that replace or supplement the App, unless a separate license or revised Terms of Use accompanies the upgrade, in which case the terms of that license or revised Terms of Use will govern.
    • You hereby give your consent that we may send you email at the email address you provided to us for customer service-related purposes and in connection with providing communications that are features of the App (e.g., information on new products or features) unless you opt out of receiving such communications. We may also send you push notifications to your device for those same purposes through the App itself.
    • We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the App or sending an email to you, if we have your email address.
  2. Application Account

    • You acknowledge and agree that the App is designed and intended for professional use on an individual basis and you should not share your account and/or password details with another individual. You are responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through it. You agree to immediately notify Abbott if you become aware of a security incident or breach affecting your account, including where you believe your password may have been compromised. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on your account from unauthorized users or for any losses arising out of or in connection with the unauthorized use of your account where caused by you.
    • Provision of an account to you is subject to your agreement to and continued compliance with all the terms and conditions of these Terms of Use. You will be responsible for obtaining and maintaining any internet connections, computing equipment, and supplies necessary for you to receive, access, and use the App. You agree to only use the App as expressly permitted herein. Abbott and its suppliers own all rights, titles, and interests in and to the App.
    • To use the App you must enter some of your personal information, including your email address and password, to create your account. You agree to provide accurate and complete information when you register with, and as you use, the App, and you agree to keep your account information accurate, current, and complete.
    • The App is made available to you by Abbott free of charge for use on your smartphone, or other mobile device (each, a, “Device”). However, you may be charged standard rates or fees by wireless or telephone carriers (your “Carrier”) or other third parties that are not connected to Abbott for the download and use of the App. All third-party fees, such as data usage fees charged by your Carrier, and compliance with any applicable third-party terms (such as your Carrier’s terms of service) are your responsibility. You acknowledge that your information will be transmitted over an insecure public computer network and that Abbott is not liable for any loss of information transmitted in this manner.
    • Your use of the App is subject to you having read, understood and agreed to our Privacy Policy, which is available at the “privacy policy” section and is hereby incorporated by reference into these Terms of Use. You acknowledge and consent that Abbott will disclose information regarding the use of the App including personal information pertaining to you in accordance with the privacy policy, including when required by law or based on a good faith belief that such action is necessary to investigate or protect against harmful activities to Abbott, people, or property (including the App).
  3. PERMITTED USES OF THE APP

    • The App is licensed, not sold, to you. Subject to these Terms of Use you may use the App, any material, products or programs, text, data, images, audios, or videos included in the App (“Content”), and download, display, print, and/or otherwise use (such activities, “Use”) the Content, solely for your own and your Organization’s personal, non-commercial use, provided that you accept and comply with these Terms of Use and reproduce all copyright or other proprietary rights notices applicable to any Content that you Use . This is the only license or right that you receive with respect to the App and Content and such license and right is revocable by us and non-transferable to others. The App and all rights therein are and shall remain Abbott’s property or the property of Abbott’s licensors.
    • You must not use or otherwise export or re-export the App or any information provided in the App except as authorized by United States law. In particular, but without limitation, the App or any information provided in the App may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (include, but are not limited to Cuba, Iran, North Korea, Crimea Region, and Syria), (b) to parties identified by the U.S. government as terrorist-supporting, or otherwise prohibited from participating in export transactions by any U.S. government agency (including the U.S. Department of the Treasury's listing of “Specially Designated Nationals and Blocked Persons” and the U.S. Commerce Department's Denied Person's List and Entity List); and (c) to any party engaged in or supporting terrorism or the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles. By using the App, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
  4. CONDITIONS OF USE

    • When you Use the App and the Content, you are solely responsible for:
      • ensuring that you are using the latest available version of the App;
      • ensuring that all operating systems and security software for the Device are the most up-to-date versions available;
      • any damage to your Device, and any loss or corruption of information that you store in the Device that results from the Use of the App or Content or the interaction of the App or Content with other Apps or programs that you may download or use;
      • maintaining the security and confidentiality of any personal identification numbers, account information, passwords, and the like related to your Use of the App or Content;
      • maintaining the physical security of your Device;
      • maintaining the security and confidentiality of Personal Information that you store on your Device. “Personal Information” is information that alone or in combination with other information, such as your name, birth date, e-mail address, mailing address, or telephone number, identifies you or can be used to identify you or your personal characteristics, such as your name, or contact information that is collected and/or transmitted by the App.
  5. PROHIBITED USES OF THE APP

    • When you Use the App and the Content, you are not permitted to:
      • reproduce, duplicate, copy, modify, edit, improve, sell, resell, reverse engineer, change, exploit, or otherwise interfere with the operation of the App, its Content, its software, or any portion of any of the foregoing in any way;
      • Use the App or its Content for any commercial purpose or for any purpose in violation of local, state, national, or international laws;
      • reverse engineer, decompile, disassemble, decode, modify, or create derivative works of the App, any App updates or any part of the App or updates;
      • attempt to disable or circumvent any security or other technological measure designed to protect the App or any Content;
      • remove, obscure, or alter any copyright or other proprietary notations from the App or part of the App;
      • engage in systematic or manual copying or scraping and widespread distribution of Content to the public; or
      • violate these Terms of Use.
    • If you Use the App and the Content in any way prohibited by these Terms of Use, Abbott shall be entitled to take all reasonable steps to protect the App, which may include suspension of your access to the App and termination of your account.
  6. ABBOTT’s Trademarks / proprietary rights

    • For the purposes of this agreement, "Intellectual Property Rights" means any copyright, patent, trade secret, trade dress, trademark, goodwill, rights in get-up, media, materials, designs, technology, artwork, graphics, icons, computer software (including source code), databases, and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any media now known or hereinafter invented, in any part of the world.
    • You should assume that everything you see or read on the App is copyrighted or licensed by Abbott unless otherwise noted and may not be used without the written permission of Abbott.
    • Unless otherwise noted, you should also assume that any logos, company names, or trade names appearing on the App, whether or not appearing in large print or with the trademark symbol are trademarks of Abbott and/or other parties. The App may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Abbott and/or other parties. No license to or right, express or implied, in any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Abbott and/or other parties is granted to or conferred upon you.
    • For the avoidance of doubt, Abbott retains all rights to the App and Content that are not specifically/expressly granted to you in these Terms of Use. Abbott does not transfer to you any title to or any proprietary or Intellectual Property Rights in or to the App or Content, any updates or derivative works or any copyrights, patent rights, or trademarks embodied or used in connection with the App or the Content. Except for the limited licenses expressly granted to you under these Terms of Use, no other rights, licenses, or immunities are granted. There are no implied licenses under these Terms of Use.
  7. LICENSE TO ABBOTT

    • The App may allow you and other users to upload, transmit, or submit (collectively, “post”) Content through the App (“User Content“). By posting your personal information or other User Content to Abbott you grant Abbott a worldwide, royalty-free, transferable, fully sub licensable, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, communicate, publicly perform, publicly display, create derivative works (such as those resulting from adaptations or other changes so that the data works better with the App) such User Content for the purpose of providing you with the App and Abbott’s products and services. As described more fully in its privacy policy available at the “privacy policy” section. Abbott may create, access, retain, use, and disclose to third-party researchers, aggregated, anonymized, de-identified (or pseudonymized to the extent permitted by your law) data derived from the App for the purposes of research, to evaluate how the App is provided, to evaluate its use, and its various components and equipment, to evaluate performance or impact on users, or for product development. You agree that the license herein permits Abbott to take any such actions.
    • To the extent permitted by applicable law, by posting User Content to or through the App you waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the App. Subject to Sections 11.1 through 11.7, you expressly release Abbott and Abbott’s agents, partners, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to your posting of User Content as authorized in these Terms of Use.
    • You are solely responsible for the User Content you post to the App and the consequences of posting it. By posting User Content, you represent, warrant, and covenant that: (i) you are the creator and owner of the User Content, or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) the User Content does not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, or libel any other person, (C) be inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotive of discrimination, bigotry, racism, or hatred, as determined by Abbott in its sole discretion; (iii) the User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; or (iv) unless you have received prior written authorization, the User Content specifically does not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.
    • We are under no obligation to monitor, edit, or control User Content that you or other users post to the App, and will not be in any way responsible or liable for such User Content or failure to review or act upon such User Content. Abbott may, however, at any time and without prior notice, screen, remove, edit, or block any User Content posted by you or others that in our sole judgment violates these Terms of Use or is otherwise objectionable.
  8. INTELLECTUAL PROPERTY POLICY

    • Abbott respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the App.
    • Abbott’s intellectual property policy is to (a) remove material that Abbott believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the App, and (b) remove any User Content posted to the App by users who are “repeat infringers.” Abbott considers a “repeat infringer” to be any user that has uploaded User Content to the App and for whom Abbott has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to their User Content. Abbott has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Abbott’s own determination.
  9. FEEDBACK

    • Any data, comments or materials that you supply via the App or provide to Abbott in order to receive support, including feedback data, such as questions, comments suggestions, or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Abbott shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works, and distribute the Feedback to others in perpetuity without limitation, except for health information and personal information which might be included in the Feedback. Furthermore, Abbott shall be free to use any idea, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such Feedback, provided that, where required by law, we reach an agreement on our use and appropriate compensation with you prior to any such use. You shall not exercise moral rights such as right of paternity, right of publication, or right of integrity of the Feedback.
  10. DISCLAIMER OF WARRANTIES; NO RELIANCE ON THE CONTENT

    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT AND ITS THIRD-PARTY PROVIDERS AND LICENSORS PROVIDE THE APP AND THE CONTENT (INCLUDING USER CONTENT) ON AN "AS IS" AND "AS AVAILABLE" BASIS AND PROVIDE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT ARE NOT SET OUT IN THESE TERMS OF USE ABOUT WHETHER THE APP OR THE CONTENT IS ACCURATE, COMPLETE, UP-TO-DATE FOR ITS POSSIBLE USES, ERROR-FREE, PROVIDES UNINTERRUPTED ACCESSIBILITY OR USABILITY, INCLUDING IN RELATION TO ANY OF THE FUNCTIONS OR CONTENT CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT AND ITS THIRD-PARTY PROVIDERS AND LICENSORS FURTHER EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DELIVERY, HIDDEN DEFECTS, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS, AVAILABILITY, TITLE, NON-INFRINGEMENT, AND/OR PERFORMANCE OF THE APP OR CONTENT, OR ITS POSSIBLE USES, OR THAT THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE COMPATIBLE WITH YOUR DEVICE OR ITS OPERATING SYSTEM. ABBOTT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY ABBOTT OR THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE AND NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER PRODUCTS, GOODS, OR SERVICES, INCLUDING APPLICATIONS ON ANY MOBILE DEVICE ON WHICH YOU HAVE INSTALLED THE APP, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OR CONTENT GIVEN BY ABBOTT OR AN ABBOTT AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ACKNOWLEDGE AND WARRANT THAT YOU (OR YOUR LEGAL REPRESENTATIVE) HAVE GIVEN A VALID, VOLUNTARY, INFORMED, AND LEGALLY EFFECTIVE CONSENT IN YOUR JURISDICTION TO THE ACCEPTANCE OF THESE TERMS OF USE AND THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT DOES NOT WARRANT THE SECURITY OR CONFIDENTIALITY OF ANY DATA STORED ON OR TRANSMITTED FROM THE DEVICE.
    • Some jurisdictions do not allow the exclusion or limitations of implied warranties, and therefore the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction and any statutory warranty rights remain unaffected by the provisions set out in this Section 10.
  11. LIMITATION OF LIABILITY

    • SUBJECT TO SECTIONS 11.2 THROUGH 11.7, NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR (EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES), THE ENTIRE LIABILITY OF ABBOTT AND ANY OF ITS THIRD-PARTY PROVIDERS AND LICENSORS UNDER ANY PROVISION OF THESE TERMS OF USE AND YOUR EXCLUSIVE REMEDIES SHALL BE LIMITED TO THE FIXING, REPAIRING, OR OTHERWISE RECTIFYING ANY FAULTS WITHIN THE APP AND YOU MAY STOP USING THE APP. SUBJECT TO SECTIONS 11.2 THROUGH 11.7, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL ABBOTT OR ITS THIRD-PARTY PROVIDERS OR LICENSORS BE LIABLE FOR MONETARY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, OR FOR OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APP, THIRD-PARTY SOFTWARE, AND/OR THIRD-PARTY HARDWARE USED OR THAT MAY BE USED WITH THE APP, FOR LOSS FROM ANY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE DUE TO YOU DOWNLOADING ANY MOBILE APP/MATERIAL/WEBSITE LINKED TO THE APP, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE), EVEN IF ABBOTT OR ANY THIRD-PARTY PROVIDER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ABBOTT SHALL NOT PROVIDE YOU WITH AN INTERNET CONNECTION OR WITH ANY HARDWARE AND SOFTWARE REQUIRED TO CONNECT TO THE INTERNET, AND ABBOTT SHALL NOT BE LIABLE FOR THE QUALITY OF YOUR INTERNET CONNECTION OR THE QUALITY OF THE HARDWARE AND SOFTWARE THAT YOU USE TO ACCESS THE INTERNET. ABBOTT SHALL NOT BE LIABLE FOR ANY MALFUNCTION OR OTHER PROBLEMS IN TELEPHONE NETWORKS OR SERVICES, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER HARDWARE, SOFTWARE, OR TELECOM EQUIPMENT, OR FOR ANY MALFUNCTION IN THE OPERATION OF E-MAIL SERVICES AND SCRIPTS, HOWSOEVER CAUSED.
    • SOME JURISDICTIONS PROHIBIT OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS OR LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, ABBOTT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN SUCH CASES, ABBOTT WILL BE LIABLE FOR ANY CULPABLE BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS (CARDINAL OBLIGATIONS). CARDINAL OBLIGATIONS ARE CONTRACTUAL OBLIGATIONS THAT MUST BE FULFILLED TO PERMIT PROPER EXECUTION OF THIS AGREEMENT AND TERMS OF USE AND MAY REGULARLY BE RELIED UPON BY YOU. ABBOTT’S LIABILITY WILL OTHERWISE BE LIMITED TO GROSS NEGLIGENCE AND WILLFUL MISCONDUCT. IN THE EVENT OF ANY LIABILITY ON THE PART OF ABBOTT DUE A SLIGHTLY NEGLIGENT BREACH OF CARDINAL OBLIGATIONS OR SLIGHT MISCONDUCT ON THE PART OF SIMPLE VICARIOUS AGENTS, ABBOTT’S LIABILITY WILL BE LIMITED TO TYPICALLY FORESEEABLE DAMAGES. THIS WILL NOT AFFECT ANY MANDATORY STATUTORY LIABILITY.
    • IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA, REFERENCES TO "SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES" SHALL MEAN ANY LOSSES WHICH (i) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (ii) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (iii) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.
    • SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH AND PERSONAL INJURY IN SOME SITUATIONS, SO SUCH LIMITATIONS AND EXCLUSIONS IN SECTION 11.1 MAY NOT APPLY TO YOU. Nothing in these Terms of Use affects or limits our liability for death or personal injury arising from our negligence, intentional or gross negligence, or fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. For any death or personal injury losses and harm not waived by you under Section 11.1, we will be responsible only for losses and harm which are a reasonably foreseeable consequence of our negligence, intentional or gross negligence, or misrepresentations. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
    • If the laws in your country state that there is a guarantee in relation to our App, and Abbott’s liability for failing to comply with that guarantee cannot be excluded but may be limited, Abbott’s liability for such failure is limited exclusively to repairing the App and you may discontinue using the App.
    • Subject to Section 11.7 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to the App and you acknowledge that your only right with respect to any problems or dissatisfaction with the App is to request that we fix the problem or discontinue your use of the App.
    • Any additional statutory or legal rights which you may have remain unaffected by the provisions set out in this Section 11.
  12. INDEMNITY

    • To the maximum extent permitted by applicable law, you will indemnify and hold Abbott, and its officers, directors, employees, representatives, agents, successors, and assigns (the “Abbott Parties”) harmless from and against any claims, costs, liabilities, damages, losses, and expenses of any sort, including, without limitation, reasonable legal and accounting fees, , whether direct, indirect, special, consequential, or otherwise, whether arising in tort (including active, passive, or imputed negligence), contract, warranty, strict liability, reliance, or under any other theory, in each case arising out of or in any way connected to (a) your access, use, or misuse of the App or Content (including User Content), or (b) your violation of these Terms of Use, including any personal injury, property damage, or death. Abbott will use reasonable efforts to notify you of any claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Abbott is unable to communicate with you in a timely manner because of an inactive email address for you, then your indemnification obligation will continue notwithstanding Abbott’s inability to contact you in a timely manner. Abbott will, at your expense, have sole control over any defense against any claim for which you are obligated to indemnify Abbott pursuant to this Section 12; provided, however, that you will at all times have the option to participate in any matter or litigation, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.
  13. DISPUTE RESOLUTION

    • If a dispute arises between you and Abbott, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.
    • No Class Actions. YOU AND ABBOTT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, AN ARBITRATOR OR COURT MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
    • No Jury Trial. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ABBOTT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
    • Timing of Claims. Notwithstanding any other rights you or Abbott may have under law or equity, any cause of action arising out of or related to these Terms of Use or the App, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
    • Arbitration. Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration under the London Court of International Arbitration (LCIA) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
  14. LINKS TO OTHER SITES FROM THE APP; THIRD-PARTY MATERIALS

    • Because Abbott has no control over and does not endorse, adopt, approve of, or recommend any third-party, non-Abbott websites or apps, or of any information, graphics, materials, products, or services referred to or contained in such non-Abbott websites or apps to which the Content may be linked, you agree that your access to such other websites or Apps is at your own risk. Any links to these non-Abbott websites or apps are provided for convenience only and may not remain current or be maintained. Unless otherwise stated in these Terms of Use, all ownership and intellectual property rights in and to Third-Party Materials and non-Abbott websites and apps and the use of them is governed by separate third party terms between you and the third party. Subject to Sections 11.1 through 11.7, Abbott accepts no liability for anything associated with third-party websites or apps, the content on any third-party apps or websites, or a third party’s privacy practices.
    • By using the App, you may encounter Content and data, information, applications, materials, and other content from third parties, including other users (collectively, “Third-Party Materials”) that may be offensive, indecent, or objectionable, and which may or may not be identified as having explicit language or other material. Subject to Sections 11.1 through 11.7, Abbott will not have any liability to you for any Content or Third-Party Materials that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable.
    • The software you download consists of a package of components which may include certain third-party software (“Third-Party Software” and together with the App, the “Package”). The Third-Party Software, if any, may be provided under separate license terms (the “Third-Party Terms”) which can be found in the documentation for the App or the applicable help, notices, about, or source files. Your use of the Third-Party Software in conjunction with the App in a manner consistent with the terms of these Terms of Use is permitted, however, you may have broader rights under the applicable Third-Party Terms, and nothing in these Terms of Use is intended to impose further restrictions on your use of the Third-Party Software.
  15. APPLICABLE LAW; CONSEQUENCES

    • These Terms of Use shall be governed and construed in accordance with the laws of the state of Illinois, in the United States without regard to its conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. Any legal action or proceeding related to the App shall be brought exclusively in the courts of the state of Illinois. You agree that this Terms of Use shall be fully performable in the State of Illinois, and you agree that jurisdiction and venue are proper in of the state and federal courts located in the State of Illinois, United States of America, with respect to any proceedings arising from this Terms of Use or the relationship between the parties hereto. The parties hereby agree that the United Nations Convention of Contracts for the International Sale of Goods does not govern these Terms of Use.
    • If Abbott becomes aware that you have violated any provision of these Terms of Use, Abbott may immediately take corrective actions, including preventing you from using the App, at any moment and without notice. If Abbott has been injured by your violation, Abbott may, in its sole discretion, seek to recover damages from you.
  16. REVISIONS

    • Abbott may at any time update, modify, interrupt, or discontinue any or all of the functionality of the App or the Content (including these Terms of Use) and make changes, corrections and/or improvements to the App or the Content (including these Terms of Use), at any time without notice to you when we believe it is necessary or justified such as to take into account changes in the law, or changes to our business or services or the functionality of the App. Abbott is not responsible for any costs, loss, or damage that you or any third party incur as the result of any modification, interruption, or discontinuance of any or all functionality of the App or the Content.
    • Updates to these Terms of Use will apply to your use of the App, and you should visit this page from time to time to review the current Terms of Use. By continuing to Use the App after any such changes, you unconditionally and fully understand, agree, and accept to follow and be bound by the Terms of Use as changed. We will provide users with notice of any material changes to these Terms of Use, and you will be bound by them unless you object within thirty (30) days from the date the notice is posted or sent to you. In the event of an objection, Abbott may terminate these Terms of Use and your account upon four weeks’ notice.
  17. DELETION OF YOUR RESPIRATOY APPLICATION ACCOUNT

    • You may delete your account at any time. Your account and all information stored in your account will be deleted upon receipt and processing of your delete request, except to the extent that we are obliged or permitted to retain the data for a certain period of time in accordance with applicable laws and regulations or to protect our legitimate business interests. Please be aware that it may take up to 72 hours to process your request.
    • Abbott may make any and all of your information collected through the App anonymous and untraceable to you, and may therefore process and dispose of the data in any manner, including but not limited to any change, alteration, or transfer of the same. Such data will never be traceable back to you in any manner. Abbott has no responsibility for retaining/storing or backing up your account.
    • You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Abbott is not responsible for unauthorized access to, use of or alteration of your information. If you email, back up, take a screenshot of your account information or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Abbott will have no ability to manage the privacy or security of that information. You should take the steps that you determine are appropriate to protect the security of such information. Unless otherwise required by law, you agree that your account is non-transferable and that any rights to have an account or any data stored in the App will terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated and all data within deleted.
  18. TERMINATION

    • You may terminate these Terms of Use immediately by un-installing the App and discontinuing use of it.
    • Abbott may suspend your access to the App or terminate these Terms of Use at any time if: (i) you breach any material provision of these Terms of Use; (ii) Abbott elects at its discretion to cease providing access to the App in the jurisdiction where you reside or from where you are attempting to access the App; or (iii) in other circumstances and for other reasons determined by Abbott in its discretion.
    • Upon termination of your access to the App, any and all data relating to your account may be irretrievably deleted by Abbott, except to the extent that we are obliged or permitted to retain the data for a certain period of time in accordance with applicable laws and regulations or to protect our legitimate business interests.
  19. SEVERABILITY

    • If any of the provisions, in whole or in part, of these Terms of Use are held to be not enforceable for any reason, including without limitation illegality and invalidity, by a court or other tribunal of competent jurisdiction, then such holding shall not affect the enforceability or any other part or provision of these Terms of Use and such provisions shall be reformed, limited, eliminated to the minimum extent necessary or interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law so that these Terms of Use shall be otherwise remain in full force and effect.
  20. LANGUAGE

    • In the event of a conflict between the English version and any non-English versions of these Terms of Use, the English version shall prevail.
  21. WAIVER

    • Our failure to act with respect to a breach of these Terms of Use by you or others does not waive Abbott's right to act with respect to similar or other breaches of these Terms of Use.
  22. SURVIVAL

    • The following provisions of these Terms of Use will survive termination of these Terms of Use: 1, 6 - 27, as well as any liabilities that have accrued prior to termination.
  23. THIRD-PARTY BENEFICIARIES

    • There are no third-party beneficiaries to these Terms of Use, except as set forth in Section 22 (Notice Regarding Apple).
  24. ENTIRE AGREEMENT

    • These Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous communications, representations, understandings, agreements, or undertakings, either written or oral, regarding such subject matter. You acknowledge that no statements, representations, warranties, or covenants have been made to you or upon which you have relied that are not set forth in these Terms of Use.
  25. NOTICE REGARDING APPLE

    • These Terms of Use are between you and Abbott only, not with Apple, and Apple is not responsible for the App or the Content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You will comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary of these Terms of Use. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Abbott provides a translation of the English language version of these Terms of Use, then the translation is provided solely for convenience, and the English version will prevail.

These Terms of Use were last updated on 30th November 2019