Terms of Service & EULA

1. Agreement to These Terms

These Terms of Service and End User License Agreement (the “Terms”) are a binding agreement between you and Mirri Diabetes LLC (“Mirri,” the “Developer,” “we,” “us,” or “our”) governing your access to and use of MIRRI One, Mirri’s diabetes and metabolic health management application, and related services (the “App,” as further defined in Section 2).

Your acceptance. You accept these Terms by tapping “I Agree” (or a similar affirmative control) when it is presented to you with a reasonable opportunity to review these Terms. If you do not agree, do not access or use the App. The App records on your device that you accepted. Your continued use of the App does not, by itself, constitute acceptance of material changes to these Terms (see Section 18).

You also agree to our Privacy Policy, which is incorporated by reference and which explains how we handle your information.

2. Definitions

“App” means MIRRI One, Mirri’s diabetes and metabolic health management software application for Apple iOS and Android. The App, together with Mirri Cloud and our related websites, servers, application programming interfaces (“APIs”), routing and delivery endpoints, back-end systems, and other services we provide in connection with the App, forms part of the “Services.” References to the App include the Services.

“Mirri Cloud” means the App’s optional, opt-in service that, when you turn it on, seals your Health Data on your device and uploads it to our servers in that sealed form, so that it stays in sync between your devices and can be read by the Followers you choose, for the kinds of information you allow each of them. Mirri Cloud is governed by the Mirri Cloud Terms of Service, which control over these Terms for Mirri Cloud.

“Offline Sharing” means the App’s feature for showing days of your Health Data, sealed, from your screen to another device in person, without sending them to our servers.

“Sharing” means Mirri Cloud sharing and Offline Sharing.

“Health Data” means the diabetes- and health-related information you enter into, or authorize the App to access, including data from platform health services such as Apple HealthKit (on iOS) and Android Health Connect (on Android). Some users refer to this as “personal health information” or “PHI”; we use those terms descriptively only. Mirri is not a HIPAA covered entity or business associate (see Section 14 and the Privacy Policy).

“Your Content” means your Health Data and any other data or content you enter into, upload to, or transmit through the App, including information you choose to share. Your Content does not include Feedback (Section 11).

“Follower” means a person you allow, through Mirri Cloud, to read some or all of your Health Data from their own Mirri Cloud account. “Recipient” means a Follower, or a person to whom you show information by Offline Sharing, such as a family member, caregiver, or healthcare provider.

“Routing Information” means the information our servers can read in order to store and deliver sealed Health Data, such as which record an entry belongs to, its kind, the times it covers, the device that wrote it, your Followers and what each may read, and delivery status.

“Mirri Parties” means Mirri and its owners, members, officers, directors, employees, agents, service providers, suppliers, and licensors.

3. NOT MEDICAL ADVICE; ASSUMPTION OF RISK

THE APP IS A TOOL TO HELP YOU RECORD, UNDERSTAND, AND SHARE DIABETES- AND METABOLIC-HEALTH-RELATED INFORMATION. IT IS A RECORD-KEEPING AND INFORMATION TOOL, NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, AND IT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR DOSING RECOMMENDATIONS.

BY USING THE APP, YOU ACKNOWLEDGE, AGREE, AND ASSUME THE RISK THAT:

• The App is a record-keeping and information tool only, gives no medical advice, and is not a substitute for your physician, your care team, or your own approved medical devices and meters.
• YOU WILL NOT USE OR RELY ON THE APP, OR ANY DATA IN OR SHARED THROUGH IT, TO MAKE INSULIN, MEDICATION, OR OTHER TREATMENT DECISIONS. TALK TO YOUR HEALTHCARE PROVIDER AND USE YOUR OWN APPROVED DEVICES.
• Information in the App — including data from platform health services (such as Apple HealthKit or Android Health Connect), connected devices, food databases, or data you send or receive through Sharing — may be incomplete, delayed, inaccurate, out of order, or unavailable.
• THE APP IS NOT FOR USE IN MEDICAL EMERGENCIES. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (SUCH AS 911) IMMEDIATELY.
• You assume all risk arising from your use of, or reliance on, the App, Mirri Cloud, and Offline Sharing, and your treatment decisions are the responsibility of you and your healthcare providers.

4. SHARING IS NOT A MEDICAL ALERT OR MONITORING SYSTEM

MIRRI CLOUD AND OFFLINE SHARING ARE NOT AN ALARM, OR AN EMERGENCY-NOTIFICATION, MONITORING, OR REAL-TIME ALERTING SYSTEM. INFORMATION IS TRANSMITTED ON A BEST-EFFORTS BASIS AND MAY BE DELAYED, INCOMPLETE, OUT OF ORDER, INACCURATE, OR MAY FAIL TO BE DELIVERED ENTIRELY FOR REASONS INSIDE OR OUTSIDE OUR CONTROL, INCLUDING DEVICE SETTINGS, LOSS OF CONNECTIVITY, THIRD-PARTY NETWORKS, AND RECIPIENT BEHAVIOR.

DO NOT RELY ON SHARING — OR ON ANY RECIPIENT RECEIVING OR ACTING ON SHARED INFORMATION — FOR ANY URGENT, TIME-SENSITIVE, OR SAFETY-CRITICAL PURPOSE, INCLUDING DETECTING OR RESPONDING TO HIGH OR LOW BLOOD GLUCOSE. SHARING IS NOT A SUBSTITUTE FOR A CONTINUOUS GLUCOSE MONITOR’S ALARMS, YOUR OWN DEVICES, OR EMERGENCY SERVICES. IF YOU SHARE, YOU ARE RESPONSIBLE FOR INFORMING YOUR RECIPIENTS THAT SHARING IS NOT AN ALERT OR MONITORING SYSTEM. THE APP CAN SHOW A FOLLOWER REMINDERS ABOUT A FOLLOWED PERSON’S RECENT DOSES, SUCH AS WHEN A PREBOLUS TIME HAS PASSED; THEY ARE BASED ONLY ON WHAT WAS RECORDED, CAN BE LATE OR MISSING, AND ARE NOT ALERTS.

5. Eligibility; Age; Parents and Guardians

Age. The App is a general-audience service and is not directed to children under 13. You must be at least 13 years old to use the App or to create a Mirri Cloud account. If you are under 18 (or the age of majority where you live), you may use the App and Mirri Cloud only with the permission of your parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the App.

Age check. Before you set up Mirri Cloud, the App asks for your birth year, which stays on your device. If you are 13 to 17, the App shows a notice for you and your parent or guardian before setup continues; if you are under 13, the App does not let you set up Mirri Cloud.

Records for others. The App does not currently offer accounts, records, or profiles that a parent or guardian keeps for a child. You may record and share only your own information, or information you otherwise have the legal authority to record and share.

Children. We do not knowingly collect personal information from a child under 13. If we learn that a child under 13 has created a Mirri Cloud account, we will delete that account and the associated information. See the Privacy Policy.

6. License Grant

Subject to your compliance with these Terms, Mirri grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App solely for your personal, non-commercial purposes. If you obtained the App from the Apple App Store, this license is limited to Apple-branded products that you own or control and to the uses permitted by the Usage Rules in the Apple Media Services Terms and Conditions. All rights not expressly granted are reserved by Mirri.

7. License Restrictions

You will not, and will not permit or enable anyone else to:

• Reverse engineer, decompile, disassemble, decode, translate, or otherwise attempt to derive the source code, object code, architecture, algorithms, models, data structures, file formats, communication or routing protocols, or interfaces of the App or the Services, except, and only to the limited extent, this restriction cannot be excluded under applicable law (see the interoperability provision below);
• Run the App under a debugger, emulator, or instrumentation, hooking, or interception framework; inspect or extract its memory; modify, patch, or tamper with its binary; or otherwise operate the App to observe, capture, or extract its internal behavior, data, or communications;
• Develop, distribute, or operate any alternative, modified, emulated, or interoperable client, or any server, proxy, or middleware, that interacts with the Services, or access our servers, APIs, or routing endpoints other than through the current, unmodified, official App;
• Use the App or its outputs, other than Your Content, to train, develop, validate, or improve any machine-learning model, algorithm, dataset, product, or service;
• Use the App, or any non-public information about the App obtained through your use, to develop, or to assist any third party in developing, a Competing Product. “Competing Product” means a software application whose primary function is diabetes, metabolic health, or blood-glucose data management or sharing. This restriction does not apply to a product you develop wholly independently without any use of, reference to, or reliance on the App or its non-public elements;
• Access the App or Services through any automated means, bot, script, scraper, or non-official client; exceed any rate limits or access-volume restrictions we set, or circumvent them; create accounts by automated means; or probe, scan, load-test, or test the vulnerability of the Services without our prior written authorization;
• Use the App to provide services to, or for the benefit of, any third party, or on a service-bureau, hosting, outsourcing, or time-sharing basis;
• Copy, modify, adapt, translate, or create derivative works of the App;
• Rent, lease, lend, sell, sublicense, assign, distribute, publish, or otherwise commercially exploit the App;
• Remove, alter, or obscure any proprietary or legal notices in the App;
• Circumvent or attempt to circumvent any security, authentication, digital-rights-management, or access controls, or access the App or its systems in an unauthorized manner; or
• Use the App in violation of any applicable law or the rights of any third party, or introduce any malware or other harmful code.

Interoperability. If you require information to achieve interoperability of an independently created program with the App and you have a right to that information that cannot lawfully be waived, you must first request it in writing from Mirri at support@mirridiabetes.com, and we may provide it on reasonable terms. Self-help decompilation is permitted only to the extent such a right cannot lawfully be conditioned on such a request.

Each restriction in this Section is a separate and independent covenant, as described in Section 28 (Severability). Nothing in these Terms limits your right to review, assess, or comment publicly on the App.

8. Confidentiality and Trade Secrets

The App’s non-public elements — including its source and object code, algorithms, models, data structures, file formats, communication and routing protocols, non-public APIs, and any unreleased or beta features (collectively, “Confidential Information”) — are the confidential information and trade secrets of Mirri. You will not access, use, disclose, or publish Confidential Information except as strictly necessary for your permitted personal use of the App, and you will take reasonable measures to protect it. This obligation survives termination for as long as the information remains non-public.

9. Intellectual Property; Trademarks

The App and all related intellectual property are and shall remain the exclusive property of the Developer, including all source code, object code, algorithms, models, designs, user-interface designs, text, graphics, logos, trademarks, and all other content and materials, other than Your Content. These Terms do not transfer any ownership interest in the App to you.

“Mirri,” “Mirri Diabetes,” “MIRRI One,” “Mirri Cloud,” and associated logos are trademarks of Mirri Diabetes LLC. You will not use these marks, or any confusingly similar name, mark, or domain, in any product name, app-store listing, advertising, search keyword, or metatag, or in any manner suggesting affiliation with or endorsement by Mirri. All goodwill arising from any use of Mirri’s marks inures solely to Mirri. No license to Mirri’s marks is granted.

10. Your Content; Mirri Cloud; Offline Sharing; Recipients

Ownership. As between you and Mirri, you own Your Content.

License to operate the App and Mirri Cloud. You grant Mirri a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, cache, back up, reformat, transmit, and route Your Content, in the sealed form the App uploads, and to sublicense these rights to our service providers acting on our behalf, solely as needed to operate the App and Mirri Cloud at your direction — for example, to keep your Health Data in sync between your devices and to make the information you choose available to the Followers you select. We do not use Your Content for advertising, and we do not sell it. This license ends when you delete Your Content or your Mirri Cloud record, except for copies retained as described in the Privacy Policy or as required by law, and except that we cannot recall, delete, or control information a Recipient has already opened or seen.

Your responsibilities. You are solely responsible for choosing your Recipients and for the consequences of sharing. You represent and warrant that you have the right and authority to enter and share the information you share, including any other person’s or a minor’s information. Recipients are chosen by you and are not vetted, controlled, or supervised by Mirri.

Recipient terms. Followers accept the Mirri Cloud Terms of Service, which are Mirri’s recipient terms, when they use Mirri Cloud. Even so, once a Recipient has opened or seen information we cannot control, recall, or delete it, and you release the Mirri Parties from all claims arising from any Recipient’s access, use, retention, re-disclosure, or misuse of information you share, except to the extent caused by a Mirri Party’s breach of these Terms, negligence, or violation of law.

Offline Sharing. Offline Sharing seals the days you choose to a one-time code shown by the receiving screen, which is designed so that people who see or film the screens cannot read them; it does not prove who is receiving them. Show your days only to a screen you can see and trust. What the receiving person writes down, photographs, or keeps is outside Mirri’s control.

11. Feedback

If you provide Mirri any feedback, suggestions, ideas, feature requests, or bug reports (“Feedback”), you grant Mirri a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, modify, and exploit the Feedback for any purpose without restriction or compensation, and you waive any claim (including moral rights and any claim of ownership or confidentiality) with respect to it. Feedback is not Your Content.

12. Accounts and Security

An account is required to use Mirri Cloud. You sign in with a one-time code sent to your email address. You are responsible for maintaining the confidentiality of your credentials and the security of your email account and for all activity under your account, and you agree to provide accurate information and to notify us promptly of any unauthorized use. Your account and credentials are personal to you: you will not share, sell, or transfer them or your account, or allow anyone else to access your account. One account per person; accounts are non-transferable.

13. Fees, Purchases, and Subscriptions

Some features are provided free of charge, and others require payment. We may offer paid features, in-app purchases, and subscriptions (including a “freemium” model in which some features are free and others require payment), and we may add, change, or discontinue paid features and change our prices from time to time. The current price and terms for any paid feature or subscription, including the number of phones, tablets, computers, or browsers that can read your record through Mirri Cloud, are disclosed to you in the App or at the point of purchase before you complete the transaction, and by completing a purchase you agree to the prices and terms then presented. For any subscription that renews automatically, we or the applicable app store will disclose the renewal price, the billing frequency, and how to cancel, and will provide any notices and cancellation methods required by applicable law. Purchases made through the Apple App Store or Google Play are processed and governed by Apple’s or Google’s terms, respectively, and any refunds are subject to those stores’ policies. Except as required by applicable law or the applicable store’s policies, payments are non-refundable.

14. Privacy

Your use of the App is subject to our Privacy Policy, which explains how we handle your information, including how Mirri Cloud seals your Health Data on your device and what our servers can read. Your use of Mirri Cloud is also subject to the Mirri Cloud Privacy Policy. Mirri is a consumer health app and is not a HIPAA covered entity or business associate; HIPAA does not govern the App. We provide the App to you as a consumer and do not act as a business associate of, or contract with, any healthcare provider; if you share information with a provider, you do so as an individual directing the disclosure of your own information.

15. Third-Party Services

The App may interoperate with third-party services and platforms, including Apple HealthKit and the Apple App Store (on iOS), Android Health Connect and Google Play (on Android), food databases, and other services you choose to connect, and relies on third-party cloud infrastructure for Mirri Cloud. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and your dealings with them are solely between you and the third party.

16. Updates, Availability, and Changes to the App

We may update, modify, suspend, or discontinue the App or any feature (including Mirri Cloud and Offline Sharing) at any time, with or without notice. We are not obligated to provide updates or to maintain the availability of the App or any feature. We may also set, change, and enforce technical limits, including rate limits and storage limits.

17. Electronic Communications and Signatures

You consent to transact with us electronically. You agree that we may provide these Terms, the Privacy Policy, notices, disclosures, and other communications to you electronically (in the App or by email), that your electronic acceptance (such as tapping “I Agree”) constitutes your signature, and that electronic records satisfy any legal requirement that such communications be in writing. You may withdraw this consent by ceasing to use the App and closing your account; withdrawal does not affect the validity of prior electronic transactions.

18. Term and Termination; Changes to These Terms

Term. This agreement remains in effect until terminated.

Termination. Your rights under these Terms will terminate automatically if you fail to comply with any provision of these Terms. We may also suspend or terminate your access to the App or Mirri Cloud at any time. Upon termination, you must stop using the App and delete all copies in your possession.

Changes. We may update these Terms from time to time. For changes that materially affect your rights (including changes to the arbitration provision, the class-action waiver, the limitation of liability, or how we handle Health Data), we will provide advance notice and obtain your affirmative acceptance before those changes apply to you; if you decline, your sole remedy is to stop using the affected feature or the App. Non-material changes are effective when posted, and we will update the Effective Date.

Survival. The following survive termination: Sections 2 (Definitions), 7–11 (License Restrictions; Confidentiality; Intellectual Property; Your Content; Feedback), 14 (Privacy), 19 (Disclaimer of Warranties), 20 (Limitation of Liability), 21 (Indemnification), 22 (Dispute Resolution), 23 (Governing Law and Related Remedies), and 28 (Miscellaneous), and any other provision that by its nature should survive. The reverse-engineering, confidentiality, and non-competitive-use restrictions survive for as long as permitted by law.

19. DISCLAIMER OF WARRANTIES

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MIRRI PARTIES DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

NO STATEMENT — WHETHER IN THE APP, THE PRIVACY POLICY, MARKETING, OR OTHERWISE — CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS, AND NO DESCRIPTION OR AFFIRMATION IS A BASIS OF THE BARGAIN. THE MIRRI PARTIES DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR ACCURATE; THAT ANY DATA (INCLUDING DATA FROM PLATFORM HEALTH SERVICES SUCH AS APPLE HEALTHKIT OR ANDROID HEALTH CONNECT, CONNECTED DEVICES, OR DATA RECEIVED OR SENT THROUGH SHARING) WILL BE DELIVERED, TIMELY, COMPLETE, OR ACCURATE; THAT ENCRYPTION OR SECURITY MEASURES CANNOT BE CIRCUMVENTED; OR THAT THE APP WILL MEET YOUR REQUIREMENTS. YOU USE THE APP AT YOUR OWN RISK.

20. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED OR EXCLUDED, INCLUDING (A) LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE MIRRI PARTIES’ NEGLIGENCE; (B) LIABILITY FOR GROSS NEGLIGENCE, WILLFUL, WANTON, OR RECKLESS MISCONDUCT, OR FRAUD; OR (C) ANY RIGHT OR REMEDY UNDER THE INDIANA DECEPTIVE CONSUMER SALES ACT OR OTHER NON-WAIVABLE CONSUMER-PROTECTION OR PRIVACY LAW.

EXCEPT FOR THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW:

• THE MIRRI PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING THE MIRRI PARTIES’ OWN NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
• THE MIRRI PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS (US $100).

THE DAMAGES EXCLUSION AND THE LIABILITY CAP APPLY INDEPENDENTLY OF EACH OTHER, APPLY TO EACH OF THE MIRRI PARTIES, AND SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

21. Indemnification

You agree to indemnify, defend, and hold harmless the Mirri Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the App; (b) your violation of these Terms or of any applicable law; (c) Your Content, including information you share; (d) your breach of any representation about your authority or consent to enter or share any person’s information (including a minor’s); or (e) any claim brought by or on behalf of a person whose information you shared, or by any Recipient. We may assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate with us and will not settle any matter without our prior written consent. This Section applies only to claims brought by third parties, and it does not apply to the extent a claim arises from a Mirri Party’s negligence, willful misconduct, breach of these Terms, or violation of law.

22. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

Informal resolution first. Before starting an arbitration, you and Mirri agree to try to resolve the dispute informally by contacting each other; if it is not resolved within 60 days, either party may start arbitration.

Binding arbitration. Except for the Excluded Claims below, any dispute arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitrator decides all issues, except that a court decides the enforceability of the Class-Action Waiver below. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. YOU AND MIRRI MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any representative or class proceeding. This Class-Action Waiver is not severable from this Section: if it is held unenforceable as to any claim, that claim (and only that claim) will proceed in court, and the rest of this Section will otherwise remain in effect.

Jury-trial waiver. To the extent any claim proceeds in court, you and Mirri each waive any right to a jury trial.

Excluded Claims. This Section does not require arbitration of: (a) claims that may be brought in small-claims court; or (b) claims for injunctive or other equitable relief for actual or threatened infringement, misappropriation, or breach of intellectual-property or confidentiality rights (see Section 23).

30-day opt-out. You may opt out of this arbitration and class-action-waiver Section by sending written notice to support@mirridiabetes.com within 30 days after you first accept these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

23. Governing Law; Jurisdiction; Equitable Relief; Limitations Period; Fees

These Terms are governed by and interpreted in accordance with the laws of the State of Indiana, without regard to its conflict-of-laws rules. This does not deprive you of the protection of mandatory consumer-protection provisions of your place of residence that cannot be waived by agreement.

Forum. Subject to Section 22 (Arbitration), any dispute not subject to arbitration shall be resolved exclusively in the state or federal courts located within the State of Indiana, and you consent to the personal jurisdiction of those courts.

Equitable relief. You acknowledge that any breach of Sections 7–11 (License Restrictions; Confidentiality; Intellectual Property; Your Content; Feedback) would cause Mirri irreparable harm for which monetary damages are inadequate. Notwithstanding Section 22, Mirri may seek injunctive or other equitable relief for actual or threatened infringement, misappropriation, or breach of its intellectual-property or confidentiality rights in the state or federal courts located in Indiana, without proof of actual damages and without posting a bond, in addition to all other remedies.

Limitations period. Except where prohibited by law, and except for claims for personal injury or wrongful death and claims under consumer-protection or privacy statutes, any claim arising out of or relating to the App or these Terms must be filed within one (1) year after it accrues, or it is permanently barred. That period is paused while the informal resolution process in Section 22 is under way.

Attorneys’ fees. In any action to enforce Sections 7–11 or Mirri’s intellectual-property or confidentiality rights, the prevailing party is entitled to recover its reasonable attorneys’ fees and costs.

24. Export Controls and Sanctions

You represent and warrant that you are not located in, and will not use the App in or for the benefit of, any country or region subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government restricted-party or denied-party list. You will comply with all applicable export-control and sanctions laws.

25. U.S. Government End Users

The App is “commercial computer software” and “commercial computer software documentation” under FAR 12.212 and DFARS 227.7202. Any use, reproduction, or disclosure by or on behalf of the U.S. Government is subject to these Terms.

26. App Store and Platform Additional Terms

Apple App Store (iOS). If you download the App from the Apple App Store, the following additional terms apply. These Terms are between you and Mirri only, and not with Apple, and Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. Mirri, not Apple, is solely responsible for any product warranties and for addressing any claims relating to the App (including product-liability, legal or regulatory, and consumer-protection claims). If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, to you; to the maximum extent permitted by law, Apple has no other warranty obligation for the App. Mirri, not Apple, is solely responsible for investigating, defending, settling, and discharging any third-party claim that the App or your possession and use of it infringes that third party’s intellectual-property rights. You represent that you are not located in a U.S.-embargoed or terrorist-supporting country and are not on any U.S. Government restricted-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You will also comply with applicable third-party terms (such as the Apple Media Services Terms and Conditions) when using the App.

Google Play (Android). If you download the App from Google Play, you agree to comply with the Google Play Terms of Service and other applicable Google policies. These Terms are between you and Mirri only, and not with Google; Google is not responsible for the App or its content and is not a party to these Terms. To the extent of any conflict between these Terms and the Google Play Terms of Service regarding your acquisition or use of the App obtained from Google Play, the Google Play Terms of Service govern solely as to that subject matter.

27. Accessibility

We are committed to making the App accessible and work toward conformance with recognized accessibility standards (such as WCAG 2.1 AA). If you have difficulty accessing any part of the App, contact us at support@mirridiabetes.com and we will work with you to provide the information or functionality you need.

28. Miscellaneous

Entire agreement; order of precedence. These Terms, together with the MIRRI One Privacy Policy, the MIRRI One Consumer Health Data Privacy Policy, the U.S. State Health Privacy Notice, and, for Mirri Cloud, the Mirri Cloud Terms of Service and policies, are the entire agreement between you and Mirri regarding the App and supersede all prior agreements, including any prior End User License Agreement. For the collection, use, and disclosure of your information, the U.S. State Health Privacy Notice (for residents of the states it names), then the Consumer Health Data Privacy Policy, then the Privacy Policy govern, in that order; these Terms govern in all other respects.

Severability; separate covenants. Each restriction in Sections 7 and 8 is a separate and independent covenant. If any provision (or any word, phrase, scope, or duration within it) is held unenforceable, it will be severed and the remaining provisions will remain in effect; the parties intend that a court enforce the balance to the fullest extent permitted rather than rewrite the severed portion.

No waiver. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign these Terms without our prior written consent; we may assign them.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, outages, failures of connectivity or third-party or cloud services, war, terrorism, civil unrest, labor disputes, epidemics, or governmental action, and we may suspend or extend performance during any such event.

Notices. We may provide notices to you in the App or by email; you may send notices to us at support@mirridiabetes.com or Mirri Diabetes LLC, 300 Main St., Ste. 900, Lafayette, IN 47901, United States.

Headings; interpretation. Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”

Third-party beneficiaries. Except for the Mirri Parties (who may enforce the disclaimers, limitations, and releases that reference them) and Apple (as stated in Section 26), there are no third-party beneficiaries of these Terms.

29. Contact Us

Questions about these Terms? Contact us at:

Mirri Diabetes LLC

300 Main St., Ste. 900

Lafayette, IN 47901, United States

support@mirridiabetes.com

+1 765-205-6520