Intend Service Terms and Conditions

Last Updated: October 2024

These Terms and Conditions (“Terms”) govern the User use of the Intend service, which may include:

The https://intend.com (hereinafter “Website”),
Intend software application available on the Website, Apple App Store®, Google Play Store®, or similar locations (hereinafter “Software App”), and hardware and its support components (hereinafter “Products”).
Together, these elements are referred to as the “Service”.

Depending on the User usage, the Service may consist of only the Website and Software App, or may also include Products.

The Service is operated and provided by Cubi Tech SIA (Registration Number 40103947559, Latvia) (hereinafter “we” or “Company”).

By using the Service, the User (hereinafter “User”) accept these Terms as legally binding, forming a contract between the User and the Company. If the User do not agree to these Terms, the User must not use the Service.

To use the Service, the User must create an account (hereinafter “Account”).

The Company and the User will be referred to individually as “Party” and collectively as “Parties.”

GENERAL PROVISIONS
1. Changes to the Terms
  We reserve the right to make changes to this Agreement and any related aspects, including payments for the Service. We will notify the User through the Website, email, or within the Service. Changes take effect immediately upon being displayed on the Website. By continuing to use the Service, the User accept the updated Terms. For material changes, a 30-day notice will be provided.
2. Eligibility
  The Service is available to individuals aged 18 and above. Persons legally prohibited from entering into contracts or those under legal incompetence may not use the Service.
3. User Warranties
  By using the Service, the User warrant that the User is legally qualified to enter into a binding agreement with the Company and will comply with applicable laws.
ACCOUNT CREATION AND USAGE
1. Account Creation
  An Account is created upon successful registration and payment (or free access where applicable), enabling the User to use the Service.
2. Accuracy of Information
  The User agree to provide truthful and accurate information during registration. The User is responsible for maintaining the confidentiality of the User Account and ensuring its safe use.
3. Account Responsibility and Security
  The User is responsible for all activities carried out through their Account, including safeguarding their username, password, and other credentials. If the User suspects unauthorised access, they must notify the Company immediately at [email protected]. Until such notification is received, the User remains responsible for any actions taken through their Account.
DESCRIPTION OF THE SERVICE
1. Scope of Service
  The Service consists of the Website and Software App and may also include Products. The Service may be provided for a fixed term and will end unless renewed by the User.
2. Health Metrics
  The Service helps the User understand the User metabolic health by tracking factors such as exercise, sleep, and diet, focusing particularly on glucose levels via a continuous glucose monitor (CGM).
3. Non-Medical Service
  The Service is intended for informational purposes only and is not a substitute for professional medical advice. Before making any medical decisions based on the Service’s data, consult a healthcare professional. The Service may show inaccurate values at times; do not make medical decisions based on this data alone.
4. Device Compatibility
  The Service is compatible with certain devices, such as iPhones and Android phones with NFC-reading capability. The Company is not responsible for incompatibility with non-supported devices.
HEALTH AND SAFETY PRECAUTIONS
1. Non-Medical Disclaimer
  The Company is not a healthcare professional and does not provide medical, health, or similar professional services or advice. The Service is not intended to replace such services, and any information provided is for general informational purposes only. For any medical or health-related concerns, the User is advised to consult a qualified healthcare professional.
2. Emergencies
  In case of medical emergencies, do not rely on the Service. Always seek immediate professional medical assistance in such situations.
3. Medical Advice and Use of Service
  The User should never disregard or delay seeking medical advice based on information from the Service. The Service should not be used for diagnosing, treating, or making medical decisions of any kind.
4. No Doctor-Patient Relationship
  Communication through the Service or via email with the Company or its representatives does not constitute, nor should it be construed as, a doctor-patient relationship
PAYMENTS
1. Payment Information
  Details regarding payments, including any applicable schedules, are available on the Company’s Website. All prices listed exclude VAT and sales tax, which may be added where applicable.
2. Price Changes
  The Company reserves the right to adjust prices at its discretion. Any price changes will be clearly displayed on the Website before they take effect.
3. Additional Charges
  The Company may charge up to EUR 50/USD 50/GBP 50 for issues such as delivery failures caused by incorrect User information, cancellations prior to shipping, or failure to obtain necessary prescriptions. These additional charges will be deducted from any refunds due to the User, if applicable.
DELIVERY OF PRODUCTS
1. Delivery Responsibility
  Products will be delivered to the address provided by the User. The User is responsible for ensuring the address details are accurate.
2. Customs and Duties
  The User is responsible for customs clearance and any duties or taxes associated with product deliveries.
3. Failed Delivery
  If the Product cannot be delivered due to User actions or inactions, the Company reserves the right to cancel the order and deduct associated costs up to EUR 50/USD 50/GBP 50 from any refund.
CANCELLATIONS, RETURNS, AND TERMINATIONS
1. Cancellation Rights
  Users within the EU have the right to cancel their purchase of Products within 14 days of receiving them (the "Cooling-Off Period"). This right applies only if the Products are returned unopened, unused, and in their original packaging. The Company reserves the right to refuse cancellations or returns if the Products are not returned in a saleable condition. The User is responsible for ensuring the Products are returned within 14 days of receiving them.
2. Return Shipping and Refunds
  The User is responsible for covering the cost of return shipping. Upon receiving and inspecting the returned Products, the Company will process the refund to the same payment method used during the original purchase. Refunds will only cover the cost of the Products; the Company will not refund any shipping or handling charges. Refunds will be issued within 14 days of the Company's receipt and inspection of the returned Products.
3. No Cancellation for Digital Content
  There is no right to cancel the purchase of digital content once it has been delivered to the User. The User acknowledge that by consenting to the delivery of digital content, they waive their Cooling-Off Period rights.
4. Company Cancellations
  The Company reserves the right to cancel any order for a User who is involved in ongoing litigation or who has breached the Terms. In such cases, the Company will notify the User and refund any payments received, less any applicable costs.
5. Cancellations and Terminations
  All cancellations or returns must be processed through the Service or by contacting the Company’s customer support at [email protected].
6. Gift Orders
  Only the purchaser of a gift order has the right to cancel. Recipients of gift orders cannot cancel or return the gift.
USER RESPONSIBILITIES
1. Compliance with Laws
  The User agrees to use the Service in accordance with all applicable laws and regulations. The User is solely responsible for all activities carried out through their Account and agrees to use the Service only for personal purposes as permitted by this Agreement.
2. Device Responsibility
  The User is responsible for maintaining and securing their electronic devices, communication devices, internet connection, and related matters such as hardware condition, antivirus, backup, and ensuring access to the Service. The Company is not responsible for any failure of the Service due to the User's failure to maintain these.
3. No Interference
  The User agrees not to interfere with or disrupt the Service, its servers, or networks in any way. Any actions that disturb or hinder the Service’s infrastructure or other users will result in termination of the User’s Account.
4. Third-Party Websites
  The Service may contain links to third-party websites. If the User visits such websites, they do so at their own risk. The Company takes no responsibility for the accuracy or reliability of information found on these third-party sites.
5. Prohibited Actions
  The User agrees not to send, transmit, or store any material through the Service that violates good practices or any applicable laws, including but not limited to intellectual property rights. The User also agrees not to incite others to engage in such activities.
6. Account Termination
  The Company reserves the right to immediately terminate the User’s Account without notice and take any necessary legal action if the User violates this Agreement.
7. Non-Conformity of Products or Services
  The User must report any non-conformity of Products or the Service via email at [email protected]. The User must provide sufficient evidence of the non-conformity and cooperate with the Company to verify the issue. If the User fails to provide the necessary Product or support, the User will not be entitled to a refund or replacement. The Company may decide, at its sole discretion, whether to replace a non-conforming Product or issue a refund, and may delegate replacement matters to the manufacturer.
8. Responsibility for Non-Compliance
  The User accepts full responsibility for any failure to comply with their obligations under this Agreement and acknowledges that they may be held accountable for the consequences of such failure.
9. Proper Use of Products and Services
  The User agrees not to use Products or the Service in a negligent manner or in any way that goes against the instructions or guidance issued with the Products.
10. Consumer Protection Rights
  Nothing in this Agreement limits the User’s rights under applicable consumer protection laws. In the event of a conflict between the Agreement and such consumer protection laws, the peremptory provisions of applicable consumer protection law will take precedence.
RIGHTS AND RESPONSIBILITIES OF THE COMPANY
1. Service Provision
  The Company provides the Service on an "as is" and "as available" basis, without warranties of any kind. The Company is only responsible for matters outlined in this Agreement or as required by law.
2. Liability
  The Company is not liable for any actions User take based on information from the Service or for any direct or indirect damages resulting from the User’s use or inability to use the Service. The Company is also not responsible for any technical issues, errors, or malfunctions that affect the Service.
3. Service Interruptions and Modifications
  The Company may temporarily or permanently disable or modify the Service without prior notice for maintenance, updates, or other reasons.
4. Third-Party Content
  The Company is not responsible for content from third-party websites or services accessed through the Service. Any interactions with third-party content are at the User’s own risk.
5. Anonymized Data
  The Company may collect and use anonymised data from the User's interactions with the Service for its own purposes.
6. Product Images
  Images of Products on the Service may differ slightly due to technical limitations, and the Company is not liable for any such discrepancies.
7. Removal of Content
  The Company reserves the right to remove content or links that it deems unlawful, harmful, or inappropriate.
INTELLECTUAL PROPERTY RIGHTS
1. Ownership
  The Company owns all proprietary rights to the Service, including trademarks, copyrights, and other intellectual property. User agreed not to copy, modify, or reproduce any content or intellectual property from the Service without permission.
2. Feedback
  If User provides feedback or suggestions regarding the Service, the Company is free to use such feedback without any obligation to provide attribution or compensation.
LIMITATION OF LIABILITY
1. Service Accuracy
  The Company does not guarantee the accuracy of the Service’s data. The User acknowledges that data inaccuracies may occur and that the Company is not liable for reliance on such data.
2. Liability Cap
  The Company’s liability to User is limited to the amount paid in the two months preceding any claim.
DATA PROTECTION
1. Please refer to our Privacy Policy for more information on data collection and usage.
GOVERNING LAW AND DISPUTES
1. These Terms are governed by Finnish law. Disputes may be brought before the District Court of Helsinki.
MISCELLANEOUS
1. Transfer of Agreement
  Users cannot transfer or sublicense this Agreement without prior written consent from the Company. The Company, however, has the right to assign or delegate its rights and obligations under this Agreement.
2. Rights and Waivers
  The Company’s decision not to enforce any of its rights under the Agreement does not mean those rights are waived, and the Company can still enforce them at any time.
3. Limitation on Claims
  Any claims related to this Agreement must be made within two (2) months of the issue arising, otherwise, they are permanently barred.
4. Severability
  If any provision of this Agreement is found invalid by a court, only that specific provision will be removed, and the rest of the Agreement will remain valid.
5. Survival of Clauses
  Sections 3-13 and 15-17 will remain in effect even after the Agreement is terminated.
APPLE SPECIFIC TERMS FOR iPHONE USERS
1. Apple’s Role
  Apple Inc.® is not a party to this Agreement and is not responsible for the Software App, including any maintenance or support services, claims, or liabilities related to the app.
2. Support and Complaints
  Any inquiries or complaints about the Software App must be directed to the Company at [email protected].
3. License Restrictions
  The Software App is licensed for use only on Apple devices running iOS that you own or control, in accordance with Apple’s App Store Terms of Use.
4. Third-Party Beneficiary
  Apple and its subsidiaries are third-party beneficiaries of this Agreement and can enforce the Agreement against you. However, the Company retains the right to amend or terminate the Agreement without Apple’s consent.