1. Acceptance of Terms
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("User" or "you") and Jiangsu Yuwell POCTech Biotechnology Co., Ltd. ("we", "us", or "the Company") governing your access to and use of the Company’s official website (hereinafter referred to as the "Website") and all products, services, and content made available through the Website (collectively, the "Services").
By accessing, browsing, or using the Website or Services, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms, as well as our Privacy Policy and any other supplementary policies or guidelines posted on the Website. If you do not agree to any provision of these Terms, you must immediately cease accessing or using the Website and Services.
2. User Eligibility
2.1 You represent and warrant that:
- If you are an individual User, you are of legal age of majority in your jurisdiction of residence and possess full legal capacity to enter into and perform the obligations under these Terms;
- If you are accessing or using the Website or Services on behalf of an entity (e.g., a hospital, clinic, or organization), you are authorized to bind that entity to these Terms, and such entity accepts full responsibility for your compliance with these Terms;
- Minors or individuals with limited legal capacity may only use the Website or Services under the direct supervision and consent of a legal guardian, who shall assume all liability for any use or misuse thereof.
2.2 We reserve the right to verify your eligibility and to refuse or restrict access to the Website or Services at our sole discretion if we reasonably suspect that you do not meet the eligibility requirements.
3. Use of the Website and Services
3.1 Permitted Use
You are authorized to use the Website and Services solely for the following legitimate purposes:
- Accessing and reviewing information about the Company’s products (including but not limited to blood glucose monitoring systems, continuous glucose monitoring (CGM) systems, and digital health management solutions) and Services;
- Seeking technical support, submitting inquiries, or providing feedback related to the Company’s products and Services;
- Engaging with the Website in compliance with these Terms and applicable laws and regulations.
3.2 Prohibited Conduct
You agree not to engage in any of the following conduct in connection with the Website or Services:
- Violating any applicable local, national, or international laws, regulations, or industry standards, including but not limited to data protection laws (e.g., GDPR), medical device regulations, and intellectual property laws;
- Uploading, transmitting, or disseminating any content that is unlawful, defamatory, obscene, harassing, threatening, discriminatory, or otherwise harmful to third parties, or that infringes upon the privacy, intellectual property rights, or other legal rights of any person or entity;
- Attempting to gain unauthorized access to the Website’s servers, databases, user accounts, or other restricted systems, or using any automated tools (e.g., bots, scrapers) to access, collect, or harvest data from the Website without our prior written consent;
- Interfering with or disrupting the operation of the Website or Services, including but not limited to introducing malware, viruses, or other harmful code, or overloading, crashing, or disabling the Website’s infrastructure;
- Modifying, adapting, reverse-engineering, decompiling, or disassembling any software, code, or technology used to operate the Website or Services;
- Using the Website or Services for commercial purposes without our express written permission;
- Misrepresenting your identity or affiliation with any person or entity, or providing false or misleading information to the Company;
- Tampering with, altering, or falsifying health data or other information submitted through the Website, or using such data for purposes unrelated to personal health management or authorized business use.
4. Intellectual Property Rights
4.1 All intellectual property rights in and to the Website and Services, including but not limited to text, graphics, logos, trademarks, service marks, images, software, algorithms, data compilations, and product designs, are owned by the Company or its licensors. These rights are protected by copyright, trademark, patent, and other applicable intellectual property laws and international treaties.
4.2 You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Services for permitted purposes only. No license is granted to you to reproduce, distribute, modify, display, perform, or create derivative works of any intellectual property owned by the Company or its licensors without our prior written consent.
4.3 Any unauthorized use of the Company’s intellectual property may result in legal action, including but not limited to claims for damages and injunctive relief.
5. Health Data and Medical Disclaimer
5.1 The Website and Services may enable you to track, store, and access health-related data (e.g., glucose levels, Time in Range (TIR), medication records). Such data is provided for informational and personal health management purposes only and is not intended to replace professional medical advice, diagnosis, or treatment.
5.2 You acknowledge that:
- The Company is not a healthcare provider, and the Website and Services do not constitute medical services;
- All health-related information and reports generated through the Website are for reference only and should be reviewed and interpreted by a qualified healthcare professional;
- You are solely responsible for consulting with a healthcare provider before making any medical decisions, adjusting treatment plans, or modifying medication based on data from the Website or Services;
- The Company does not guarantee the accuracy, completeness, or reliability of any health data or information provided through the Website, and shall not be liable for any decisions made or actions taken based on such data.
6. Disclaimer of Warranties
6.1 THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND RELIABILITY.
6.2 The Company does not warrant that the Website or Services will be uninterrupted, error-free, or free from viruses or other harmful components. You acknowledge that access to the Website may be affected by factors beyond our control (e.g., internet outages, third-party service failures).
6.3 The Company does not warrant that the products or services described on the Website will meet your specific requirements, or that any defects will be corrected. All product specifications and descriptions are provided for informational purposes only and are subject to change without notice.
7. Limitation of Liability
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 Nothing in these Terms shall limit or exclude the Company’s liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded by applicable law.
7.3 If the Company is found liable for any damages arising from these Terms, the total liability of the Company shall not exceed the amount of any fees paid by you to the Company for the Services, or USD 100 if no fees were paid, whichever is greater.
8. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliated entities, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or in connection with: (a) your use of or misuse of the Website or Services; (b) your violation of these Terms or applicable laws and regulations; (c) your infringement of any third-party rights (including intellectual property rights and privacy rights); (d) any content you submit or transmit through the Website.
9. Modification and Termination
9.1 The Company reserves the right to modify these Terms at any time by posting the revised Terms on the Website and indicating the effective date. Your continued use of the Website or Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must immediately cease using the Website and Services.
9.2 Either party may terminate these Terms at any time:
- By you: By discontinuing all use of the Website and Services;
- By the Company: For any reason with prior written notice, or immediately without notice if you materially breach these Terms (including but not limited to unauthorized use, violation of laws, or infringement of third-party rights).
9.3 Upon termination of these Terms:
- Your right to access and use the Website and Services shall immediately cease;
- You shall return or delete all confidential information or materials obtained from the Company;
- The Company shall process your personal information in accordance with the Privacy Policy and applicable data protection laws.
9.4 Clauses of these Terms that by their nature should survive termination (including but not limited to intellectual property rights, disclaimers of warranties, limitation of liability, indemnification, and dispute resolution) shall remain in full force and effect.
10. Governing Law and Dispute Resolution
10.1 These Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China, excluding its conflict of law rules.
10.2 Any dispute, controversy, or claim arising out of or in connection with these Terms or the use of the Website or Services shall first be resolved through friendly negotiation between the parties. If negotiation fails within 30 days of the date on which one party notifies the other of the dispute, either party may submit the dispute to the Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center, "SHIAC") for arbitration in accordance with SHIAC’s arbitration rules in effect at the time of submission.
10.3 The arbitration shall be conducted in Shanghai, China, and the language of the arbitration shall be English. The arbitral award shall be final and binding on both parties, and may be enforced in any court of competent jurisdiction.
11. Data Protection
11.1 The Company processes your personal information (including health data) in accordance with the Privacy Policy and applicable data protection laws (e.g., GDPR, Singapore’s PDPA). You acknowledge and agree to the collection, use, storage, and transfer of your personal information as described in the Privacy Policy.
11.2 You are responsible for maintaining the confidentiality of your user account credentials (if applicable) and for all activities conducted under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other security breach.
12. Miscellaneous
12.1 These Terms constitute the entire agreement between you and the Company regarding the Website and Services, superseding all prior or contemporaneous agreements, communications, and understandings (whether oral or written).
12.2 If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
12.3 The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
12.4 You may not assign or transfer these Terms or any of your rights or obligations hereunder without the Company’s prior written consent. The Company may assign these Terms to an affiliated entity or in connection with a merger, acquisition, or sale of assets, provided that the assignee agrees to be bound by these Terms.
12.5 Any notices or communications required under these Terms shall be in writing and sent to the contact information provided below. Notices sent via email shall be deemed effective upon receipt.
13. Contact Us
If you have any questions, concerns, or complaints regarding these Terms or the Website and Services, please contact us at:
Email: contactus@yuwell-poctech.com