Terms and Conditions

Welcome to use the Beep Insights service. Terms and conditions may include (i) beepinsights.com websites (hereinafter “Website”), (ii)  Beep Insights software applications, which shall be available at the Website, Apple App Store, Google Store or in other similar locations (hereinafter “Software App”) and (iii) hardware and all of its support components (hereinafter “Products”). “Service” can be defined as (1) the Website and Software App, or (2) the Website, Software App and Products. The sections below that refer to Products will only be applicable to Service which includes the Products.

The Service is offered and the Website and Software App are owned by Beep Insights AB (Swedish business ID (SE) 559296410901), which is a limited liability company formed under Swedish law, having its principal office at Börje Salmings Gata 22, 981 35 Kiruna, Sweden (hereinafter “we” or “Company”). 

By registering into the Service or by using the Service, a user of the Service (hereinafter “you” or “User”) accepts these terms and conditions as legally binding (hereinafter “Agreement”). The Agreement is therefore a contract, which creates legally binding terms and conditions between the User and the Company when the User uses the Service. The User must not use the Service if the User does not enter into the Agreement with the Company. 

In order to be able to use the Service, the User shall create an account into the Service (hereinafter “Account”). 

Hereinafter the Company and the User may individually be referred to as “Party” and together as “Parties”.

1. GENERALLY

1.1. The Company reserves a unilateral right to change the Agreement and all related aspects of the Agreement, such as payments regarding the Service. The Company shall notify the User through email or the Service of such changes. The changes shall take effect immediately upon notification. By using the Service after the changes, the User accepts the changes as legally binding.

1.2. Minimum age for a User is 18 years. Younger persons are not allowed to use the Service. Furthermore, the Service may not be used, and the Agreement cannot be accepted in the following situations:

1.2.1. the User is legally incompetent, and/or 

1.2.2. the User is prohibited from using the Service under any applicable law. 

1.3. By using the Service, the User warrants that the User is legally qualified and entitled to enter into a binding legal relationship with the Company in the form of the Agreement and in compliance with applicable legislation.

2. ACCOUNT

2.1. Upon successful sign-up for the Service, an Account shall be created and the User may start using the Service.

2.2. The User must truthfully provide all information into the Service. 

2.3. The User shall be solely responsible for all activities performed through the Account and for the safe use of the username, password, maintenance, confidentiality and all other such matters in regard to the User’s Account.

2.4. Only the User may use the Service via the User’s Account. If the User becomes aware that someone else has used the User’s Account, the User must notify the Company immediately of the un-authorised access through email at privacy@beepinsights.com.

3. SERVICE 

3.1. The Service consists of the Website and Software App and may, or may not, include the Products. The Service may be purchased for a fixed term. Upon termination of the fixed term, the fixed term Agreement shall automatically extend for successive fixed-term periods at the then current rate. If the Service includes Products, the User may purchase additional Products during the term at a price that in addition to the price of the Product includes shipping, handling, packaging, and other Product-related costs. 

3.2 The Service helps the User understand the basics of the User’s metabolic health by providing metrics on how e.g. exercising, sleep and diet may affect the User’s blood glucose levels. The Service may include a monitoring system that tracks the User’s blood glucose through a flexible filament. 

3.3. The only purpose of the Service is to provide information to the User, which may help improve the User’s well-being. The purpose of the Service is not to provide medical, health or other similar professional services or advice to the User or any other third party. The User must consult a doctor before making any medical decisions, and such decisions should not be based on information gained from using the Service. The Service may show inaccurate values at any point, and no medical decisions should be made based on the data from the Service.

3.4. The Service is or may only be compatible with iPhone 7 or newer and Android 9 or newer with access to Google Play store. Your App Store or Google Play store must be located in the same country/region where you are purchasing the Service. The Company does not assume responsibility for missing access due to a non-compatible phone or lack of required app access. The Company reserves the right to alter compatible phones at any time. 

3.5 The Service is available in selected countries only. The Company assumes no responsibility for functioning of the Service outside these countries. It is the User’s responsibility to check the list of countries where the Service can be used. The currently available countries are listed here:  Sweden.

4. PRECAUTIONS REGARDING THE SERVICE 

4.1. The Company is not a healthcare professional, and it does not provide medical, health or other similar professional services or advice to the User or any other third party. 

4.2. The Service does not contain medical, health or other similar professional services or advice to the User or any other third party, nor is the Service replacement for such services or advice.

4.3. Should you have: 

any questions related to medical, health or other similar matters, the Company expressly advises you to be in touch with medical professional, or medical, health or another similar emergency, the Company expressly advises you to be in touch with a medical professional. 

4.4. You should never: 

disregard any medical advice or delay seeking medical advice due to any possible information provided by or in connection with the Service, consider any information in the Service or in connection with the Service as any kind of medical, health or other similar diagnosis or treatment, or use the Service or any information in the Service for any kind of medical, health or other similar diagnosis or treatment purposes. 

4.5. The communication through the Service or via email with a representative(s) of the Company shall not constitute nor create a doctor-patient relationship between the User and the Company. 

5. Payment Terms

5.1 Payment Method: Users of our service acknowledge that payments for the use of the Service and the purchase of physical products are made through the Apple App Store and Google Play Store platforms for digital services and through other designated payment methods for physical products. All transactions are subject to the terms and conditions established by Apple Inc. (“Apple”), Google LLC (“Google”), and their relevant policies for digital services and our specified payment methods for physical products.

5.2 Billing and Pricing: The pricing for our digital services is displayed within the app on both the Apple App Store and Google Play Store and is subject to change at our discretion. Users are responsible for reviewing the pricing information before making a purchase. The pricing for physical products is displayed on our website or within our physical store, and it is also subject to change.

5.3 Subscription and Auto-Renewal: Some features of our digital services may be available through a subscription model. Subscriptions are billed on a recurring basis and will automatically renew unless canceled by the user. Users can manage their subscriptions and auto-renewal settings through their respective Apple ID and Google Play Store accounts. Physical products are sold on a one-time purchase basis.

5.4 Billing Disputes: In the event of a billing dispute or discrepancy related to charges made through the Apple App Store or Google Play Store for digital services or other designated payment methods for physical products, users should follow the dispute resolution process specified by the respective platform or payment method. We do not have access to users’ payment information for digital services or payment methods for physical products, and we may not be able to directly modify or refund such transactions.

5.5 Refunds: Refund requests for purchases made through the Apple App Store and Google Play Store are subject to Apple’s and Google’s refund policies for digital services. Refund requests for physical products should be made in accordance with our separate refund and return policy, which can be found on our website or provided upon request.

5.6 Payment Security: We take appropriate measures to secure payment information for physical product purchases. Payment transactions for physical products may be processed through secure third-party payment processors. Users are responsible for ensuring the security of their payment information.

5.7 Taxes: Users are responsible for any applicable taxes or fees imposed by local, state, or national authorities related to their purchase of physical products. The pricing displayed for physical products may not include taxes, and users may be charged additional taxes based on their location.

5.8 Changes to Payment Terms: We reserve the right to modify these payment terms at any time. Users will be notified of any changes to the payment terms within the app or through other appropriate means for digital services and on our website for physical products.

5.9 Contact Information: For any questions or concerns related to payments for digital services or physical products, users can contact us at email: info@beepinsights.com.

5.10 Governing Law and Jurisdiction: These payment terms are governed by the laws of Sweden. Any disputes related to payments for digital services or physical products or these terms will be subject to the exclusive jurisdiction of the courts of Sweden.

By using our service and making payments through the Apple App Store and Google Play Store for digital services or other designated payment methods for physical products, users acknowledge and agree to comply with these payment terms and the terms and conditions of Apple, Google, and our specified payment methods.

6. USER’S PURCHASE ORDER OF A SERVICE

6.1. A purchase order submitted by a User is an offer to purchase the chosen Service from the Company (hereinafter “Purchase Offer”). For the Purchase Offer to become an actual order confirmation of the Service, the Company shall need to separately accept the Purchase Offer (hereinafter “Order Confirmation”). To be noted, the Company may refuse to accept any Purchase Offer at its sole discretion.

6.2. The Company shall provide an answer to the User for the Purchase Offer by means of an email within ten (10) calendar days from the submission of the Purchase Offer. 

6.3. If the Company discovers an error in the Purchase Order, for example in the price of the Service, before replying to the User’s Purchase Offer, the Company shall inform the User of the 

situation in writing and give the User the option of re-confirming the Purchase Order with the correct details or cancelling the Purchase Order. If the Company is not able to reach the User by using the contact details that have been provided by the User, the Purchase Order shall be considered cancelled, and a notice thereof shall be given by email.

7. DELIVERY OF PRODUCTS

Terms and conditions for all Users: 

7.1. The Products shall be dispatched to the address indicated in the order and the Company shall use all reasonable endeavours to deliver the Products without unreasonable delay. It is the User’s responsibility to ensure that the address details provided for delivery are adequate and correct. The Company takes no responsibility for failure to deliver to the address provided where such failure is due to inadequate or incorrect address details or other matters outside the control of the Company. Any further attempts to deliver the Products shall incur further change for the User. 

7.2 It is the User’s responsibility to ensure that the Company can deliver to the country indicated in the order and that the User can use the Service in that country. Your App Store or Google Play store must be located in the same country/region where you are purchasing the Service. No delivery to so-called poste restante addresses shall be accepted, nor is it acceptable to use mail forwarding systems. 

7.3. The User is solely responsible for all possible customs clearance, and the payment of any duties or taxes in connection to the delivery of the Products. The Company disclaims all legal responsibility for compliance with local import laws.

7.4. If the ordered Product cannot be delivered to the User within a reasonable time due to the actions or inactions of the User, the Company has a right to unilaterally cancel the Order Confirmation and charge the User for possible costs, such as shipping costs and staff costs associated with cancellation of the order, incurred by the Company. The costs incurred by the Company for cancelled Order Confirmations is estimated at EUR50/USD50/GBP50, and the Company may deduct such sum from the money refunded to the User. Refunds shall be made within a reasonable time from the date of cancellation. 

8. CANCELLATIONS, RETURNS AND TERMINATIONS

Terms and conditions for all Users: 

8.1. The Company reserves the right to cancel an Order Confirmation with any User with whom litigation is pending, or who is or has been in breach of the Agreement.

8.2. User has the right to freely cancel the purchase of the Service that includes Products concluded through distance selling within 14 days of having received the Products (hereinafter “Cooling-Off Period”). The Cooling-Off Period is applicable to EU and UK Users only. A requirement for the Cooling-Off Period is that the said Products are returned unopened in their original packaging, unused, and saleable within 14 days of the User having received the Products. The Company may refuse cancellations and returns if the Products are not returned unopened in their original packaging, unused and saleable within 14 days of the User having received the Products. The User shall be responsible for returning the Products and for paying any expenses relating to such return. The Company shall refund successful cancellations and returns by paying the User a refund to the same payment card that was used when making the purchase within 14 days of receipt of the returned Products. For the avoidance of doubt, the Company shall only refund the cost of the Products; the Company shall not refund costs relating to return of the Products.

8.3. The Cooling-Off Period applies only to the first batch of Products where the fixed term includes several Product deliveries. Any additional Products purchased by the User during the fixed term are considered part of the User’s ongoing subscription and such additional Products do not warrant an additional Cooling-Off Period. 

8.4 The Company shall withhold refunds until it has received the Products back from the User, and the Products have been inspected and are as described in Clause 8.2.

8.5 User purchasing a Service that does not include Products hereby consents to the Company delivering the digital content immediately upon execution of the Agreement. There is no Cooling-off Period for digital content and the User does not have a right to cancel the order.

8.6 It is not possible to terminate the subscription during a fixed term. The price for fixed term subscription has been calculated based on the User committing to a specific number of months. Any act of termination by the User during a fixed term period shall become effective upon expiry of that term. The User may stop renewal of subscription at the end of each fixed term subscription by notifying the Company of the same.

8.7 All cancellations and terminations shall be made through the Service or by contacting the Company’s customer support at info@beepinsights.com.

8.8 Cancellations and terminations of gift orders can only be made by persons who have purchased the gift. Gift recipients have no right of cancellation. 

9. RIGHTS AND RESPONSIBILITIES OF THE USER

Terms and conditions for all Users:

9.1. The User is solely responsible for the User’s own use of the Service and all activities that are carried out via the User’s account. The User shall act in accordance with all of the applicable laws and regulations.  

9.2. The User is solely responsible for the User’s electronic devices, communication devices and other such devices and matters such as hardware condition, internet connection, antivirus, backup, and other similar issues. Furthermore, the User is solely responsible for securing and maintaining its own access to the Service. 

9.3. The User agrees to use the Service only for personal purposes as permitted by the Agreement. 

9.4. We have the right to remove the Account if the User violates this Agreement, law or good practice or has not signed into the Service for 12 months or for any other reason. 

9.5. The User agrees not to take up any actions that disturbs or in any other way hinders the Service or its servers or networks.

9.6. The Service may contain links to the third-party websites. If the User visits such websites, the User does so on its own responsibility and risk. Furthermore, the reliability assessment of any possible information on such third-party websites, shall be on the User’s own responsibility and risk. 

9.7. The User agrees not to send, transmit or store material through the Service that is in violation of good practice or any applicable law. The User also agrees not to incite others to engage in any such activities. Furthermore, the User agrees not to violate anyone’s intellectual property rights through the Service.  

9.8. If the User does not comply with this Agreement or the Company has justifiable reasons to suspect that the User does not comply with this Agreement, the Company may terminate the Agreement with direct legal effect, delete the Account of the User and implement any other similar procedure.

9.9. Any complaint of non-conformity of a Product or the Service must be communicated to the Company by the User via an email to info@beepinsights.com; the email shall at a minimum include a description of the non-conformity, adequate evidence of the non-conformity and any other such information that is essential for the confirmation of the non-conformity by the Company. All complaints of non-conformity shall be made within a reasonable time of the User having become aware of the non-conformity. The User understands and accepts that if the User claims for a refund of a Product or a replacement Product due to non-conformity of the Product, the Company shall need to be able to verify the non-conformity of the Product. Therefore, if the User claims for a refund or replacement of a Product, the User has an obligation to provide the Company with the said Product and support the Company to a reasonable extent by examining and solving possible issues in the Product (e.g. by using Products as instructed by the Company or providing screenshots of malfunctions). To be noted, the User understands and accepts that if the User does not provide the Company with the Product that is allegedly subject to non-conformity and does not provide the Company with such reasonable support that allows the Company to examine the issue, the User shall not have a right to request a refund or replacement from the Company of the said Product. The Company may, in its sole discretion, decide whether to replace a non-conforming Product instead of refunding it. The Company may delegate any issues relating to replacements to the manufacturer of the Products.

9.10. The User agrees to be solely responsible for any failure to comply with the User’s obligations under this Agreement, and for their consequences.

9.11. The User agrees to not use or wear Products or use Services negligently or in any way they are not meant to be used as per the Agreement or other instructions or guidance issued with the Products. 

9.12. The User’s rights under peremptory provisions of any applicable consumer protection law may not be limited by this Agreement. Therefore, in case of discrepancy between the Agreement and such peremptory provisions of applicable consumer protection law, the peremptory provisions of the applicable consumer protection law shall have priority over the Agreement. 

10. RIGHTS AND RESPONSIBILITIES OF THE COMPANY

10.1. The Company operates only and solely as the provider of the Service. Thereby, the Company shall be responsible only for the matters, as determined in this Agreement or in peremptory provisions of applicable laws. 

10.2. The Company is not responsible for any actions a User takes or does not take based on the information in the Service. 

10.3. Under no circumstances shall the Company be liable for any direct or indirect damages arising out or in connection to the User’s use of or inability to use the Service.

10.4. The Company does not express or imply warranties or representations about the operation of features of the Service, and the Company does not promise that the Service will function without interruptions or errors. The Company is not responsible for any damages to the User, or third parties caused by the use, malfunctions, technical defects, or malicious software of the Service or third-party links or any other such causes. 

10.5. The Company has a right to disable the Service or a part of it due to maintenance, installation, modification, public order and safety, system overload or other similar cause. The Company may terminate (permanently or temporarily) the provision of the Service (or any part of them), either to the User or Users generally, entirely at the Company’s own discretion and without prior notice.  

10.6. The Service is provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade.

10.7. The Company has undertaken reasonable efforts to ensure that the images of the Products in the Service are faithful reproductions of the physical Products. Despite the adoption of technical solutions to minimise inaccuracies, however, there may be some discrepancies (e.g. colour resolution) between the images and the Products due to technical limitations. The Company shall not be liable for any inadequacy of the graphic representation of the Products displayed in the Service arising from such technical limitations.

10.8. All the Products displayed for sale in the Service benefit from the legal guarantee of conformity for products pursuant to the peremptory provisions of applicable consumer protection law.

10.9. The Service may also enable you to view, access, communicate and interact with third-party sources, meaning e.g. third-party websites and services. We do not assume any responsibility for the content, actions, or practices of, any such sources. Your interaction with such a source and your use of, and reliance upon, any content provided by such sources is at your sole discretion and risk.

10.10. The Company shall not be liable for any data loss or other damage or loss resulting from or in connection with the use of the Service, including any failure to provide adequate security or backup of the devices that you are using. 

10.11. The Company is not responsible for the content and uploaded materials of the Service or its correctness, except for the content and materials generated by the Company. Furthermore, the Company does not review or exercise editorial control in respect of the content or interactions, including their accuracy or suitability for purpose. 

10.12. The Company has the right to remove materials and links (i) that have been denied or reported by the Company in the Service, or (ii) which, according to the Company is unlawful, contrary to good practice or this Agreement, inappropriate or erroneous, or (iii) harmful to the Company, other Users or third parties. The Company also has the right to remove materials and links from the Service if the materials or links contain any legally questionable or offensive information or content that is inappropriate for the Company.

10.13. The Service may derive anonymized data i) from the way the User uses the Service in general and ii) from the gathered data by the Service (hereinafter “Anonymized Usage Data”). The Company shall own all rights, titles, and interests in and to all Anonymized Usage Data, and therefore, the Company may freely use the Anonymized Usage Data for its own purposes. 

11. INTELLECTUAL PROPERTY RIGHTS

11.1. The Company owns and retains all proprietary rights in the Service and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not, in any possible situation, copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.  

11.2. If you provide any communications or materials to the Company by email, telephone, or otherwise, suggesting or recommending changes to the Service, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, the Company is free to use such feedback irrespective of any other obligation or limitation between the Parties governing such feedback. The Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in feedback, for any purpose whatsoever, although the Company is not required to use any of such feedback.

12. LIMITATION OF LIABILITY

12.1. To the fullest extent allowed by any applicable law, in no event will the Company, its affiliates, business partners, licensors or service providers be liable to you or any third person for any direct or indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including without limitation, loss of profits, loss of goodwill, loss of reputation, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages.

12.2. The User understands and accepts that the information in the Service is not as accurate as similar measures carried out by a licensed physician and that the information in the Service may be inaccurate due to measurement inaccuracies in the Product. The Company shall not be liable for any consequences or damages arising out of inaccurate information in the Service. 

12.3. Notwithstanding anything contrary herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the aggregate amount of the payments made, if any, by you to the Company within two (2) months preceding the date of bringing a claim.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any intellectual property rights or data protection right.

14. DATA PROTECTION 

Please see the Service’s Privacy Policies for more information on data protection.

15. TERM AND TERMINATION

15.1. This Agreement enters into force once the User accepts this Agreement by creating Account or by using Service. 

15.2. This Agreement is valid indefinitely. The User may terminate this Agreement in accordance with the provision of this Agreement. By terminating this Agreement, the User is not, however, exempt from the obligations the User has undertaken under this Agreement prior to termination

15.3. If you shall not comply with the provisions set forth in this Agreement, the Company shall have the right, on its sole discretion, to terminate this Agreement with immediate effect by email or through the Service and thereby deny such User’s access to the Service. 

15.4. Upon the termination of this Agreement, the Company shall close the User’s Account and is within its rights to remove or anonymise any material the User has stored or posted through the Service. 

16. GOVERNING LAW AND DISPUTES 

16.1. This Agreement and the relationship between the Company and User shall, except to the extent prohibited by applicable law, be governed by and construed and interpreted in accordance with the laws of Sweden without regard to its principles and rules on conflict of laws. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter “CISG”) is specifically excluded from the Agreement and the relationship between the Company and User. 

16.2. Disputes, between the Parties, arising from and in connection with the Agreement shall primarily be settled through negotiations. Secondarily, the User may seek to settle disputes arising from and in connection with this Agreement at the District Court of Kiruna.

17. MISCELLANEOUS

17.1. You do not have the permission to surrender, transfer or sublicense this Agreement unless you obtain a prior written consent from the Company. The Company has the unilateral right to assign, transfer or delegate any or all of its rights and obligations under the Agreement.

17.2. You agree that if the Company does not exercise or enforce any legal rights under the Agreement (e.g., the right to indemnification), it does not imply that the Company formally waives its rights, and the Company still has the right to exercise its rights.

17.3. You agree that any cause of action that you may have arisen out of or related to this Agreement must commence within two (2) months after the cause of action accrues, otherwise such cause of action is permanently barred.

17.4. If, by a court decision, any provision of this Agreement is declared void, then only that invalid provision will be removed from the Agreement, in which case the Agreement will continue to be valid.

17.5. Sections 3–13 and 15–17 shall prevail and stay in force even after the termination of the Agreement.

18. APPLE SPECIFIC TERMS FOR iPHONE USERS

18.1. In addition, and notwithstanding anything contrary herein, the User shall be aware, regarding the Software App, that Apple Inc. (hereinafter “Apple”) is not a party of this Agreement and does not own and is not responsible for the Software App. 

18.2. Thereby, Apple is not providing any warranty for any Software App and is not responsible for maintenance or other support services for Software App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any Software App, including any third-party product liability claims, claims that any Software App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. 

18.3. Any inquiries or complaints relating to the use of any Software App, including those pertaining to intellectual property rights, must be directed to the Company and be sent to info@beepinsights.com. The license you have been granted herein is limited to a non-transferable license to use the Software App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple App Store Terms of Use. 

18.4. In addition, you must comply with the terms of any third-party agreement applicable to you when using any Software App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.