LIBREVIEW
PATIENT/INDIVIDUAL USER TERMS OF USE

Effective Date: September 2020

These Terms of Use govern your use of the LibreView website (the ‘Site’). This document is a legal agreement between you and Abbott Diabetes Care Inc.

Abbott Diabetes Care Inc. of 1420 Harbor Bay Parkway, Alameda, CA 94502, USA (‘Abbott’ or ‘us’, ‘our’ or ‘we’) is the developer of Sensors (‘Sensors’), Readers (‘Readers’) and glucose test meters (‘Meters’) for the FreeStyle Libre family of products and the FreeStyle LibreLink mobile app (‘FreeStyle App’) which may be compatible with the Site and the LibreView data management system (‘LibreView Data Management System’). Abbott is the data controller of your personal information, including health-related information, transmitted to or stored within the LibreView Data Management System.

Newyu, Inc., an affiliate of Abbott, is the developer of LibreLinkUp App as a component of the LibreView Data Management System. Newyu maintains the marketing authorizations/registrations for the LibreView Data Management System as a medical device and provides other application and software support.

The LibreView Data Management System is a secure, cloud-based diabetes management system that is intended for use by individuals, healthcare professionals and Abbott to aid in the review, analysis and evaluation of historical glucose data, glucose test results and ketone test results to support an effective diabetes health management program.

Please be aware that other third-party glucose meters may be compatible with the LibreView Data Management System. Abbott is not responsible for your connection of these third-party products or your decision to upload data from these third-party products to your LibreView Data Management System account. All questions about the use of LibreView as a medical device are the responsibility of Newyu.

THE LIBREVIEW DATA MANAGEMENT SYSTEM IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. USERS SHOULD BE AWARE THAT THE LIBREVIEW DATA MANAGEMENT SYSTEM IS AN INFORMATION MANAGEMENT SERVICE TO ENABLE THE ANALYSIS OF GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE OF A HEALTHCARE PROFESSIONAL. INDIVIDUALS SHOULD ALWAYS CONSULT THEIR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS THAT THEY MAY HAVE REGARDING A MEDICAL CONDITION, INCLUDING DIABETES MANAGEMENT.

YOUR USE OF THE LIBREVIEW DATA MANAGEMENT SYSTEM CONSTITUTES, AND IS CONDITIONED UPON, YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

YOUR USE OF THE SITE IS ALSO SUBJECT TO THE LIBREVIEW PATIENT PRIVACY POLICY AVAILABLE AT WWW.LIBREVIEW.COM ("PRIVACY POLICY"), WHICH EXPLAINS HOW WE COLLECT, PROTECT, RETAIN, STORE, DISCLOSE, AND IN SOME CIRCUMSTANCES TRANSFER, YOUR PERSONAL INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SITE.

You do not need to register for a LibreView Data Management System user account with Abbott to simply visit and view the Site.

For Users in Singapore: Please ensure that You read understand the information related to the use of the FreeStyle Libre family of products. You must also have access to a blood glucose monitoring system as the FreeStyle App does not provide one. A finger prick test using a blood glucose meter is required during times of rapidly changing glucose levels when interstitial fluid levels may not accurately reflect blood glucose levels or if hypoglycemia or impending hypoglycemia is reported by the system or when symptoms do not match the system readings.

This information is provided as a supplement to the detailed User Manual available in the FreeStyle App and not as a replacement. Please consult Your healthcare provider for any clarifications or queries related to Your treatment of diabetes.

For Users in the European Economic Area (“EEA”), Mexico, UK and Switzerland: To process Your personal data concerning health, You must provide to us Your affirmative explicit consent to use the LibreView Data Management System. You may withdraw Your consent at any time by following the steps to delete Your LibreView Data Management System account set out in Section 7 of these Terms of Use. For Users in the EEA, UK and Switzerland: Abbott is the controller of Your personal information, including health-related information within the LibreView Data Management System.

For Users in China (excluding Hong Kong, Macau, and Taiwan): To collect Your sensitive personal information, including personal identification number and health data, You must provide to us your informed and explicit consent for such sensitive personal information to be collected, and to use the LibreView Data Management System. You may withdraw Your consent at any time by following the steps to delete Your LibreView Data Management System account set out in Section 7 of these Terms of Use. After You withdraw your consent, we will not process Your personal information accordingly. However, Your withdrawal of consent does not affect our processing of your personal information which has already began or completed based on your prior consent or authorization. Minors under the age of 14 may not grant consent for the collection and use of their personal information without the consent of their guardians. If we discover that personal information of any minor under the age of 14 has been collected without the consent of his/her guardian, we will try to delete the relevant data as soon as possible.

For Users in Vietnam: You may withdraw your consent at any time by following the steps to delete your LibreView Data Management System account set out in Section 7 of these Terms of Use. After You withdraw your consent, Abbott will not process your personal information accordingly.

For Users in Russia: The FreeStyle App and the LibreView Data Management System contain sensitive personal data about health and physiological information. For this reason, You must provide to Abbott your written consent to use the LibreView Data Management System. If You withdraw your consent, You will be unable to use the LibreView Data Management System and, therefore, the withdrawal of Your consent will be also treated as your withdrawal from these Terms of Use. Minors under the age of 18 may not grant consent for the collection and use of their personal data without the consent of their guardians. If we discover that personal data of any minor under the age of 18 has been collected without the consent of his/her guardian, we will try to delete the relevant data as soon as possible.

  1. General: Abbott only permits one LibreView Data Management System account per email address and reserves the right to limit the number of devices associated with a LibreView Data Management System account.

    By using this Site, you represent, acknowledge and agree that you are at least 18 years of age. If you are a child under the law of your country of residence, you may only use this Site with the consent of your parent/guardian. If you are a parent/guardian of a child, you must create a LibreView Data Management System account for use by your child and you understand and agree that you are responsible for your child’s use of the Site and the LibreView Data Management System and that any violation of these Terms of Use by your child, will be your responsibility and may result in the termination or suspension of your LibreView Data Management System account.

  2. LibreView Data Management System account: The Site is your gateway to creating a LibreView Data Management System account in which your personal information, including health-related information, and the readings from your Meters, Readers and FreeStyle App will be stored and analyzed by you and your healthcare provider. Do not reveal your LibreView Data Management System account information to anyone else. You should not share your LibreView Data Management System account and/or password details with another individual. You are responsible for maintaining the confidentiality and security of your LibreView Data Management System account and for all activities that occur on or through it. You agree to notify Abbott if you become aware of a security incident or breach affecting your LibreView Data Management System 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 LibreView Data Management System account from unauthorized users or for any losses arising out of or in connection with the unauthorized use of your LibreView Data Management System account where caused by you.

    If you already have a LibreView Data Management System account, you may log in to your account using your email address and password. Your use of this Site is subject to 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 LibreView Data Management System. You agree to only use the LibreView Data Management System as expressly permitted herein. Abbott, its affiliates and its suppliers own all rights, titles and interests in and to the LibreView Data Management System and to content through the Site, including logos, graphics, videos, images, software and other materials (‘Materials’).

    Subject to these Terms of Use, and your compliance with these Terms of Use, Abbott hereby grants you, and any child under your care, a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If you, or any other person under your responsibility, breach any of the provisions in these Terms of Use, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

    If you use the Sensor and the FreeStyle App without having created a LibreView Data Management System account, the functionality of the FreeStyle App will be limited and your glucose values and other information be not backed up or stored in a LibreView Data Management System account for you to review historic data or be able to share your information with your healthcare provider or with friends or caregivers.

    For Users in Russia: The LibreView Data Management System provides you with additional functionality. You may use Your Sensor paired with the Reader without the LibreView Data Management System if you download and install the relevant desktop software produced by Abbott. In such a case, Abbott shall not receive Your data unless the user license agreement of the said software state otherwise. Your license to use the LibreView Data Management System is on a royalty-free and worldwide basis. You are not required to pay anything for accessing and using the LibreView Data Management System under this Agreement.

  3. Parental/guardian use of the LibreView Data Management System: A parent/guardian may create a LibreView Data Management System account for use by a child. Adults are responsible for the child for whom they create a LibreView Data Management System account. If you agree to create a LibreView Data Management System account for use by a child when prompted, you agree to monitor your child’s use of the LibreView Data Management System. You agree not to use your child’s email address (if he or she has one) when creating a LibreView Data Management System account. The LibreView Data Management System can only create one user account per email address. If you would like to create more than one LibreView account for yourself and for one or more children, you will need to use different email addresses and in all cases you remain responsible for monitoring your child’s or children’s use of the LibreView Data Management System.

    The LibreView Data Management System is designed and intended for personal use on an individual basis and you agree that any LibreView Data Management System account that you create for a child will be for the sole use of that child only and will not be shared by you or by any other person. You are responsible for maintaining the confidentiality and security of your login details including your password, and for all use and activities that occur on or through it. You agree to notify Abbott if you, or the child, become aware of a security incident or breach affecting the LibreView Data Management System account that you have created for your child, 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 this LibreView Data Management System account from unauthorized users or for any losses arising out of or in connection with the unauthorized use of the LibreView Data Management System account being used by a child, where caused by you or the child.

    IF YOU ARE A PARENT/GUARDIAN CREATING A LIBREVIEW DATA MANAGEMENT SYSTEM ACCOUNT FOR USE BY A CHILD OR OTHERWISE USING THE SITE AND A LIBREVIEW DATA MANAGEMENT SYSTEM ACCOUNT FOR THE BENEFIT OF A CHILD YOU WARRANT THAT YOU HAVE ACTUAL LEGAL AUTHORITY TO CREATE A LIBREVIEW DATA MANAGEMENT SYSTEM ACCOUNT FOR YOUR CHILD AND TO BE LEGALLY BOUND TO THESE TERMS OF USE.

  4. Permitted uses of your LibreView Data Management System account: If you are an adult, to use the LibreView Data Management System you must enter some of your personal information, including your email address and password, to create your LibreView Data Management System account. You agree to provide accurate and complete information when you register with, and as you use, the LibreView Data Management System, and you agree to keep your LibreView Data Management System account information accurate, current and complete. These Terms of Use allow you to set up a LibreView Data Management System account if you are an individual user for yourself or other adult or child in your household for personal, non-business use by you and other members of your household. IF YOU ARE SETTING UP A LIBREVIEW DATA MANAGEMENT SYSTEM ACCOUNT ON BEHALF OF ANOTHER ADULT OR CHILD IN YOUR HOUSEHOLD, YOU SHOULD FIRST SHARE THESE TERMS OF USE WITH THEM AND SECURE THEIR UNDERSTANDING AND AGREEMENT, WHERE APPROPRIATE.
  5. Prohibited uses of your LibreView Data Management System account: You agree that you will NOT use the LibreView Data Management System to:

    1. upload, download, email, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another’s privacy, or otherwise objectionable;
    2. pretend to be anyone that you are not or misrepresent who you are, your age, or otherwise misrepresent your affiliation with any person (including a child). Abbott reserves the right to reject or block any LibreView Data Management System account or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or that has been used to hijack another user’s data;
    3. upload, download, email, transmit, store or otherwise make available any data or other information from children (any person under the age of 18 or such other age as local law defines as a child), including but not limited to any of the following: full name or surname, date of birth, email address, and their Meter data unless you are the child’s parent/guardian;
    4. infringe any person’s intellectual property rights (including uploading any content to which you do not have the right to upload);
    5. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the LibreView Data Management System (or any part thereof), or any other computer software or hardware;
    6. interfere with or disrupt the LibreView Data Management System (including accessing the LibreView Data Management System through any automated means, such as scripts or web crawlers), or any servers or networks connected to the LibreView Data Management System, or any policies, requirements or regulations of networks connected to the LibreView Data Management System (including any unauthorized access to, use or monitoring of data or traffic thereon);
    7. gather, store or upload personal information, including health information, on any persons using an Abbott FreeStyle Libre flash glucose monitoring system without first having received their prior consent or without otherwise being authorized to do so, for example, if you are a caregiver, parent or guardian;
    8. reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code, or modify the LibreView Data Management System except and then solely to the extent permitted under applicable law; and/or
    9. gather, store or upload personal information, including health information, on any other users of the LibreView Data Management System or any individual using a Meter in connection with any of the foregoing prohibited activities.
  6. Availability and accuracy of information: The Site and the LibreView Data Management System, or any feature or part thereof, may not be available in all languages or in all countries and Abbott makes no representation that the LibreView Data Management System, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access and use the LibreView Data Management System, you do so at your own initiative and are responsible for compliance with any applicable laws. Any data transmitted to or stored by you in the LibreView Data Management System are based exclusively on glucose, ketone and insulin data and other information provided by you or third parties. Abbott makes no representations or warranties regarding the accuracy, completeness, reliability or timeliness of any data provided by you or third parties, or of any content generated by the data stored by you in the LibreView Data Management System. In particular, Abbott makes no representations or warranties that any information based on such data will be in compliance with government regulations requiring disclosure of information.
  7. Deletion of your LibreView Data Management System account: You may delete your account at any time. Your LibreView Data Management System account and all information, including personal and health related information, stored in your LibreView Data Management System account will be deleted upon receipt and processing of your delete request, unless there is any contractual or legal obligation to keep your information in our databases. Please be aware that it may take up to 72 hours to process your request. A parent/guardian may request deletion of a LibreView Data Management System account being used by his/her child. Please be aware that if your healthcare provider has set up their own account in the LibreView Data Management System and created a patient profile specific to you, your deletion of your LibreView Data Management System account may have no effect on the account or patient profile created by your healthcare provider. Abbott has no responsibility for retaining/storing or backing up your LibreView Data Management System 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 LibreView Data Management System account is non-transferable and that any rights to have a LibreView Data Management System account or any data stored in the LibreView Data Management System will terminate upon your death. Upon receipt of a copy of a death certificate your LibreView Data Management System account may be terminated and all data within deleted. Email DiabetesCarePrivacy@Abbott.com for further information. If you have chosen to share your LibreView Data Management System account information with your healthcare professional, family members and/or friends and you delete your account, those persons will no longer be able to view your glucose readings. Abbott reserves the right to delete inactive LibreView Data Management System accounts after six months. We will attempt to notify you in advance so that you have an opportunity to ensure that your account stays current and available for your use.
  8. Links to third-party websites: This Site may be linked to other websites that are not sites controlled or operated by Abbott (collectively, ‘Third-Party Sites’). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions and/or user guides and business practices than Abbott, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy notice and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any Third-Party Sites. Abbott is providing links to the Third-Party Sites to you as a convenience, and Abbott does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT ABBOTT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution or organization of any third-party entity or individual does not constitute or imply Abbott’s endorsement or recommendation.
  9. No medical advice: THE LIBREVIEW DATA MANAGEMENT SYSTEM FOR PATIENTS IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. INDIVIDUALS SHOULD ALWAYS SEEK THE ADVICE OF THEIR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS THEY MAY HAVE REGARDING A MEDICAL CONDITION. INDIVIDUALS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION CONTAINED IN THEIR LIBREVIEW DATA MANAGEMENT SYSTEM ACCOUNT. You should follow customary guidelines set by your doctor or other healthcare professional(s) when your readings are too high or low or if you experience other diabetes-related changes in your medical condition. WHILE ABBOTT USES INFORMATION THAT IT RECEIVES VIA THE LIBREVIEW DATA MANAGEMENT SYSTEM TO IMPROVE TREATMENT GUIDANCE, ABBOTT IS NOT A PROVIDER OF MEDICAL CARE AND ABBOTT IS NOT RESPONSIBLE FOR NOTIFYING AN INDIVIDUAL’S DOCTOR OR OTHER HEALTHCARE PROFESSIONAL(S) OF ANY CHANGES IN YOUR READINGS. The LibreView Data Management System is designed to help individuals better manage diabetes through information, analysis and communication. You, your doctor and other qualified healthcare professional(s) are solely responsible for communicating your glucose levels and other diabetes-related information, providing feedback, and discussing and recommending testing and treatment options. Abbott does not recommend or endorse any specific tests, products, procedures or opinions. YOUR DECISION TO TAKE ACTION BASED ON ANY INFORMATION TRANSMITTED TO OR STORED ON THE LIBREVIEW DATA MANAGEMENT SYSTEM OR ON ANY INFORMATION RECEIVED FROM ABBOTT EMPLOYEES, AGENTS OR SUPPLIERS IS SOLELY AT YOUR OWN RISK.

    FOR USERS IN EEA AND INDONESIA: THE INFORMATION AVAILABLE TO YOU THROUGH THE LIBREVIEW DATA MANAGEMENT SYSTEM IS NOT AN ELECTRONIC MEDICAL RECORD. IF YOU DEEM IT NECESSARY, IN YOUR SOLE DISCRETION, TO ADD ANY OF THE INFORMATION IN YOUR LIBREVIEW ACCOUNT TO YOUR MEDICAL RECORD, YOU MAY OBTAIN COPIES OF THAT INFORMATION TO ADD TO YOUR MEDICAL RECORD BY PRINTING IT.

  10. Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIBREVIEW DATA MANAGEMENT SYSTEM IS AT YOUR SOLE RISK AND THAT TO THE EXTENT PERMITTED BY LAW, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. The LibreView Data Management System is designed for easy access to your glucose data and other diabetes-related data. Any content included in the LibreView Data Management System is for the purpose of providing information to enable the analysis of glucose data. Although Abbott believes the data displayed in the LibreView Data Management System to be accurate as at the time it is transmitted to the LibreView Data Management System, Abbott makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. Some of the foregoing disclaimers may be ineffective in certain countries/states/provinces/jurisdictions, so may not apply to you in their entirety. In no event will Abbott be liable to you for any losses from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections to the LibreView Data Management System.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABBOTT, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS PROVIDE THE LIBREVIEW DATA MANAGEMENT SYSTEM ‘AS IS’ AND ‘AS AVAILABLE’ WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND QUALITY, AND OF LACK OF VIRUSES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ABBOTT OR AN ABBOTT-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

    Abbott, its affiliates and its third-party providers do NOT warrant that the functions contained in the LibreView Data Management System will meet your requirements or that the operation of the LibreView Data Management System will be uninterrupted or error- free. Some countries/states/provinces/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to you in their entirety. To the extent that applicable law requires Abbott to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent required to be provided under such applicable law.

    IN NO EVENT DOES ABBOTT PROVIDE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO ANY THIRD-PARTY HARDWARE OR SOFTWARE, AND ABBOTT DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF. ABBOTT DISCLAIMS ANY AND ALL LIABILITY THAT MAY DERIVE FROM ACTIONS OR CLAIMS AGAINST ABBOTT OR ANY OF ITS AFFILIATES, AGENTS OR ASSIGNS, OR OTHER THIRD PARTIES AS MAY BECOME APPLICABLE OVER THE COURSE OF THESE TERMS OF USE. SOME COUNTRIES/STATES/PROVINCES/JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

    1. For Users in Germany and Switzerland: This provision applies to you instead of Section 10. The LibreView Data Management System is provided ‘as is’ and ‘as available’. While seeking to avoid extensive downtimes and significant impediments to the usability of the LibreView Data Management System to the extent possible, Abbott does not warrant or guarantee error-free and uninterrupted accessibility and usability of the LibreView Data Management System or of any of the functions contained therein. Your statutory warranty rights remain unaffected by the foregoing.
    2. For Users in the UK and Indonesia: Nothing in Section 10 shall affect the statutory warranties in respect of satisfactory quality, fitness for purpose or accuracy of description.
    3. For Users in Australia: Nothing in Section 10 affects your rights in respect of the consumer guarantees in the Competition and Consumer Act 2010 (Cth). Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

      1. to cancel your service contract with us; and
      2. to a refund for the unused portion, or to compensation for its reduced value.

      You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

    4. For Users in China (excluding Hong Kong, Macau, and Taiwan): Nothing in Section 10 shall affect the statutory warranties in respect of satisfactory quality, fitness for purpose or accuracy of description in accordance with the People’s Republic of China (“PRC”) Consumer Protection Law.
    5. For Users in Russia: This Section 10 shall apply to the extent permissible by the Russian healthcare legislation, regulations, and standards.
    6. For Users in Vietnam: Nothing in Section 10 shall affect the statutory warranties in respect of satisfactory quality, fitness for purpose or accuracy of description in accordance with Vietnam’s Consumer Protection Law.
  11. Limitation of liability: NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE LIABILITY OF ABBOTT, ITS AFFILIATES AND ANY OF ITS THIRD PARTY PROVIDERS UNDER ANY PROVISION OF OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE AND YOUR EXCLUSIVE REMEDIES FOR ALL OF THE FOREGOING SHALL BE LIMITED TO EITHER THE FIXING, REPAIRING OR OTHERWISE RECTIFYING ANY FAULTS WITHIN THE LIBREVIEW DATA MANAGEMENT SYSTEM, EVEN IF ANY SUCH LOSS WAS FORESEEABLE OR CONTEMPLATED BY THE PARTIES OR, WHERE APPLICABLE, THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LIBREVIEW DATA MANAGEMENT SYSTEM ACCESS OR $10.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABBOTT, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS BE LIABLE FOR MONETARY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, INDIRECT 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 ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LIBREVIEW DATA MANAGEMENT SYSTEM, THIRD-PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED OR THAT MAY BE USED WITH THE LIBREVIEW DATA MANAGEMENT SYSTEM, 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 LIBREVIEW DATA MANAGEMENT SYSTEM, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE), EVEN IF ABBOTT, ITS AFFILIATES OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ONLY YOU CAN IMPLEMENT BACK-UP PLANS AND SAFEGUARDS NECESSARY TO APPROPRIATELY ADDRESS YOUR NEEDS IN THE EVENT THAT AN ERROR IN THE LIBREVIEW DATA MANAGEMENT SYSTEM CAUSES COMPUTER PROBLEMS AND RELATED DATA LOSSES. FOR THESE BUSINESS REASONS YOU UNDERSTAND AND AGREE TO THE LIMITATIONS OF LIABILITY IN THIS SECTION AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THIS PROVISION, ANY APPLICABLE FEE CHARGED WOULD BE HIGHER.

    FOR USERS IN INDONESIA: NOTHING IN THESE TERMS OF USE SHALL EXCLUDE ANY MANDATORY STATUTORY REMEDY AVAILABLE TO A USER IN THE EVENT OF A FAILURE TO COMPLY WITH A DATA PROTECTION REQUIREMENT BY ABBOTT THAT MAY GIVE RIGHT TO THE ABILITY OF AN AFFECTED PERSONAL DATA SUBJECT’S RIGHT TO CLAIM MONETARY COMPENSATION UNDER THE ELECTRONIC AND INFORMATION TECHNOLOGY LAW AND/OR ANY OTHER REGULATIONS RELATING TO PROTECTION OF PERSONAL DATA.

    Some countries/states/provinces/jurisdictions prohibit or limit the exclusion or limitation of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you in its entirety and any such liability will be to the maximum extent required to be provided by such applicable law.

    Except for information that you share with your healthcare provider via the LibreView Data Management System, where you choose to share your personal information, including health-related information, from your LibreView Data Management System account with third parties, including with third party apps, you acknowledge and agree that to the fullest extent permitted by applicable law, neither Abbott nor its business partners are responsible for your decision to share and/or disclose your personal information, including health-related information, and you hereby release Abbott and its business partners from any liability that may arise from such third parties’ collection or other processing of your personal information.

    1. For Users in the UK, Singapore and Switzerland: Nothing in these Terms of Use shall exclude our liability for death or personal injury arising out of our negligence or fraudulent misrepresentation in connection with the LibreView Data Management System.
    2. For Users in Germany: 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 these 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 to 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, in particular Abbott’s liability in connection with the loss of life, bodily injury or illness or its liability in connection with the German Product Liability Act. Provision 11 does not apply to users located in Germany.
    3. For Users in Australia: Nothing in Section 11 affects your rights in respect of the consumer guarantees in the Competition and Consumer Act 2010 (Cth). Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the LibreView Data Management System account service, you are entitled to cancel this Terms of Use agreement with us. If a failure with the service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
    4. For Users in Colombia: Nothing in this Section 11 affects your rights in respect of the Colombian General Consumer Protection Statute, including but not limited to the warranty of merchantability or entitlement to either the fixing, repairing, or otherwise rectifying any faults within the LibreView Data Management System.
    5. For Users in China (excluding Hong Kong, Macau, and Taiwan): Nothing in these Terms of Use shall exclude any mandatory statutory liability, including our liability in connection with monetary damages, personal injury or death arising out of our fault or negligence or product defect in connection with PRC Consumer Protection Law and other applicable law and regulations in China.
    6. For Users in Vietnam: Nothing in these Terms of Use shall exclude any mandatory statutory liability, including our liability in connection with monetary damages, personal injury or death arising out of our fault or negligence or product defect in connection with Vietnam’s Consumer Protection Law and other applicable law and regulations in Vietnam.
    7. For Users in Russia: Nothing in these Terms of Use shall exclude Abbott’s liability for willful misconduct.
  12. Indemnity: You agree to indemnify, defend and hold harmless Abbott, its affiliates and their respective officers, directors, employees, agents, successors, assigns and licensors from and against any and all claims, demands, liabilities, losses, costs and expenses (including solicitors’ and experts’ fees) made by a third party due to or arising out of, or related to, a violation of these Terms of Use or laws, regulations or third-party rights including any infringement of their copyright or intellectual property rights of any third party by you or others in your household or organization or otherwise in connection with your or their use of the LibreView Data Management System, where such use is by negligent act, omission or willful misconduct.

    For Users in Germany: Your right to prove that no damage has occurred remains unaffected by the foregoing.

  13. License: Abbott does not claim ownership of the data that you transmit or submit to the LibreView Data Management System. By disclosing your personal information to Abbott, you grant it a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish and translate such data for the purpose of providing you with the LibreView Data Management System. Abbott may create, access, retain, use or disclose to third-party researchers aggregated, anonymized, de-identified (or pseudonymized to the extent permitted by applicable law) data derived from the LibreView Data Management System for the purposes of research, to evaluate how the LibreView Data Management System is provided, to evaluate its use, and its various components and equipment, to evaluate performance or impact on clinical staff or across clinics, to enhance the functioning of the LibreView Data Management System and the Meters, to validate LibreView Data Management System upgrades, or for product development. You agree that the license herein permits Abbott to take any such actions.
  14. Feedback: Any data, comments or materials that you supply via the LibreView Data Management System 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 without limitation, except for health information and personal information which might be included in the Feedback but is subject to ‘Section 13. License’ above. 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.
  15. Trademarks: LibreView, FreeStyle LibreLink, LibreLinkUp, FreeStyle Libre, FreeStyle and related brand marks are trademarks of Abbott Diabetes Care Inc. in various jurisdictions. Other trademarks are the property of their respective owners. No license or right, express or implied, is granted to you in any of the aforesaid trademarks, and you further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the LibreView Data Management System. No use of any Abbott trademark, trade name, or trade dress may be made without the prior written authorization of Abbott, except to identify the product or services of the company.
  16. Proprietary rights: You acknowledge and agree that Abbott and/or its licensors own all legal rights, titles and interest in and to the LibreView Data Management System, including but not limited to graphics, user interface, the scripts and software used to implement the LibreView Data Management System, and any software or documents provided to you as a part of and/or in connection with the LibreView Data Management System, including all Intellectual Property Rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the LibreView Data Management System contains proprietary and confidential information that is protected by applicable intellectual property rights and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the LibreView Data Management System in compliance with these Terms of Use. No portion of the LibreView Data Management System may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use or where permitted by applicable law. You shall not remove any product identification, copyright notices or proprietary restrictions from the LibreView Data Management System. You expressly acknowledge and agree that LibreView Data Management System access is licensed and not sold to you, and that Abbott, its licensors, affiliates and suppliers, grant you a non-exclusive license to use the LibreView Data Management System on the basis of these Terms of Use, and that your use of the LibreView Data Management System is also subject to any rules or policies applied by Abbott’s affiliates and third-party providers. You therefore agree that Abbott and/or its licensors do not transfer to any user any ownership or proprietary rights in the LibreView Data Management System, any Intellectual Property Rights, or any other technology, information or materials, and as between the parties, Abbott, its affiliates, its suppliers and its licensors, retain exclusive ownership of all rights, titles and interest in and to all aspects of the LibreView Data Management System, any Intellectual Property Rights, and all other technology, information and materials, as well as any and all copies or modifications thereof (by whomever and whenever made). RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ABBOTT AND/OR ITS LICENSORS. The use of this material and the associated rights of Abbott, its affiliates and its suppliers, are hereby acknowledged except solely to the extent that the foregoing is ineffective in certain countries/states/provinces/jurisdictions.

    For Users in Germany: Your right to prove that no damage has occurred remains unaffected by the foregoing. Some of the foregoing provisions may be ineffective in certain countries/states/provinces/jurisdictions, so the above acknowledgements and terms may not apply to You in their entirety.

  17. Termination of your LibreView Data Management System account: These Terms of Use are effective upon your creation of a LibreView Data Management System account and shall continue in effect until terminated. You may ask Abbott to delete your LibreView Data Management System account at any time. Abbott may suspend or terminate your LibreView Data Management System account for any of the following reasons without advance notice to you:

    For Users in Vietnam: The foregoing provision of this Section 17 shall not apply to users located in Vietnam to the extent prohibited by applicable Vietnam’s Consumer Protection Law.

  18. Applicable law: These Terms of Use shall be governed and construed in accordance with the laws of the State of Illinois without regard to any choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern to the fullest extent possible. You agree that these 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 these Terms of Use or the relationship between the parties hereto. The parties hereby agree that the United Nations Convention on Contracts does not govern these Terms of Use for the International Sale of Goods.

    1. For Users in the EEA, UK, Switzerland, India, and China (excluding Hong Kong, Macau, and Taiwan): The foregoing shall not apply, except in respect to these Terms of Use not being governed by the United Nations Convention on Contracts for the International Sale of Goods. For such users, the governing law of your country of residence shall apply.
    2. For Users in the EEA and Switzerland: Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the European Commission Online Dispute Resolution platform.
    3. For Users in Australia: Nothing in Section 18 excludes or purports to exclude the application of the Competition and Consumer Act 2010 (Cth) where relevant.
    4. For Users in Vietnam: Where the minimum rights of users located in Vietnam are adversely affected by the laws of the State of Illinois, United States, the governing law of Your country of residence shall apply. For avoidance of doubt, in this case, the United Nations Convention on Contracts does not govern this Agreement for the International Sale of Goods.
    5. For Users in Indonesia: You agree that the jurisdiction and venue are in Singapore International Arbitration Centre, with respect to any proceedings arising from this Agreement.

    If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect.

  19. Support: Free technical support is available by going to the LibreView.com support site and clicking on the ‘Customer Support’ link. Inquiries will be directed to the appropriate support teams.
  20. Changing LibreView Data Management System Terms of Use: Abbott reserves the right at any time to modify these Terms of Use and to impose new or additional terms or conditions on your use of the LibreView Data Management System. Such modifications and additional terms and conditions will be communicated to you by being displayed on-screen when you next use the Site, and if accepted, will be effective immediately. In the event that you refuse to accept such changes, Abbott will have the right to terminate these Terms of Use and your use of the Site as well as your LibreView Data Management System account upon four weeks’ notice. Additional information for Users in Germany: You will be able to store or print out changes to these Terms of Use in legible form.

    For Users in Germany: You will be notified of any changes to these Terms of Use when You start the FreeStyle App. Changes will be considered to have been accepted by You unless You inform Abbott in writing or by using electronic means agreed upon by Abbott. We will draw Your attention to this fact when changes are announced. If You should decide to object to any change, You must do so within six (6) weeks after receipt of announcement of the change.

    For Users in the EEA, UK, Switzerland, and China (excluding Hong Kong, Macau, and Taiwan): You will be notified of any changes to these Terms of Use when You start LibreView Data Management System. Changes will be considered to have been accepted by You unless You inform Abbott in writing or by using electronic means agreed upon by Abbott. Abbott will draw Your attention to this fact when changes are announced. If You should decide to object to any change, You must do so within six weeks after receipt of announcement of the change. In the event of an objection, Abbott may terminate Your LibreView Data Management System account upon four weeks’ notice. Otherwise, Section 20 does not apply to users located in the EEA, UK, Switzerland and China.

Please print a copy of this Agreement for your records.

DOC42185-001_rev-B_en-US