Terms of Service
1. Agreement to These Terms
These Terms of Service (the “Terms”) are a binding agreement between you and Mirri Diabetes LLC (“Mirri,” “we,” “us,” or “our”) governing your access to and use of Mirri Cloud (as defined in Section 2).
Your acceptance. You accept these Terms when you create an account or sign in where we tell you that doing so means you agree to them, when you tap or click “I Agree” (or a similar control), or when you start receiving a Visual Share where we tell you the same. You will have a reasonable opportunity to review these Terms first. If you do not agree, do not use Mirri Cloud.
You also agree to the Mirri Cloud Privacy Policy and the Mirri Cloud Consumer Health Data Privacy Policy, which are incorporated by reference and which explain how we handle information.
MIRRI One. If you also use MIRRI One, Mirri’s mobile app, the MIRRI One Terms of Service govern the app. These Terms govern Mirri Cloud, including when MIRRI One uses Mirri Cloud to keep your record in sync or to share it.
2. Definitions
“Mirri Cloud” means the website at cloud.mirridiabetes.com, where you can read and analyze records in a web browser, together with the servers, application programming interfaces (“APIs”), and related services that store and deliver records for MIRRI One and for that website.
“Account” means your Mirri Cloud sign-in. It is the same account you use for Mirri Cloud in MIRRI One.
“Record” means the health and related information about one person that MIRRI One keeps in Mirri Cloud.
“Record Holder” means the Account that holds a Record. For your own Record, that is you.
“Follower” means an Account that a Record Holder has allowed to read some or all of a Record.
“Entries” means the information in a Record, such as glucose readings, insulin, carbohydrates, foods, activity, and therapy settings.
“Connection” means an authorized phone, tablet, computer, or web browser that can read a Record, other than the Record Holder’s main phone.
“Recovery Code” means the code MIRRI One gives you when you turn on Mirri Cloud, which can restore access to your Record if you lose your devices.
“Visual Share” means showing days of your data from MIRRI One (where it is called Offline Sharing) to a Mirri Cloud browser tab in person, through the browser’s camera, without sending them to Mirri.
“Mirri Parties” means Mirri and its owners, members, officers, directors, employees, agents, service providers, suppliers, and licensors.
3. What Mirri Cloud Is For
Mirri Cloud is for research and data analysis. You can use it to read, arrange, and analyze your own data, and to read and analyze data that other people choose to share with you.
Clinical use is not offered yet. Mirri Cloud is not offered for providing health care to patients. Mirri is not a HIPAA covered entity or business associate, and does not offer Mirri Cloud to covered entities or business associates. You may not use Mirri Cloud in any way that would cause Mirri to create, receive, maintain, or transmit protected health information on behalf of a covered entity or business associate. Mirri Cloud is offered as a non-HIPAA service.
Research involving other people. If you use other people’s data in research, you are responsible for any approval and permission your research needs, such as a review board’s approval, each person’s consent or authorization, and the terms of any data use agreement that applies. Mirri is not a party to your research and does not review it.
4. NOT MEDICAL ADVICE; NOT FOR TREATMENT DECISIONS
MIRRI CLOUD SHOWS INFORMATION THAT WAS RECORDED IN MIRRI ONE, AND CHARTS AND FIGURES COMPUTED FROM IT. IT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IT DOES NOT ADVISE ANYONE ON INSULIN OR ANY OTHER MEDICATION. IT IS NOT A SUBSTITUTE FOR A PHYSICIAN, A CARE TEAM, OR YOUR OWN APPROVED MEDICAL DEVICES AND METERS.
Figures, correlations, and charts in Mirri Cloud describe recorded data; they are not conclusions about anyone’s health. Some values are estimates and are labeled as such, for example nutrients estimated for a food. Recorded data may be incomplete, delayed, inaccurate, out of order, or unavailable: it depends on what was entered, on what other apps wrote to Apple Health or Android Health Connect, and on which kinds of data a given version of MIRRI One sends.
DO NOT USE MIRRI CLOUD TO MAKE INSULIN, MEDICATION, OR OTHER TREATMENT DECISIONS. TALK TO A HEALTHCARE PROVIDER AND USE YOUR OWN APPROVED DEVICES. MIRRI CLOUD IS NOT FOR USE IN MEDICAL EMERGENCIES. IF YOU THINK SOMEONE IS HAVING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (SUCH AS 911) IMMEDIATELY.
5. MIRRI CLOUD IS NOT AN ALERT OR MONITORING SYSTEM
MIRRI CLOUD IS NOT AN ALARM, OR AN EMERGENCY-NOTIFICATION, MONITORING, OR REAL-TIME ALERTING SYSTEM. IT DOES NOT GENERATE ALARMS, AND THE MIRRI CLOUD WEBSITE DOES NOT SHOW REAL-TIME GLUCOSE. MIRRI ONE 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. INFORMATION IS MADE AVAILABLE ON A BEST-EFFORTS BASIS AND MAY BE DELAYED, INCOMPLETE, OUT OF ORDER, OR INACCURATE, OR MAY FAIL TO ARRIVE, FOR REASONS INSIDE OR OUTSIDE OUR CONTROL. DO NOT RELY ON MIRRI CLOUD FOR ANY URGENT, TIME-SENSITIVE, OR SAFETY-CRITICAL PURPOSE, INCLUDING DETECTING OR RESPONDING TO HIGH OR LOW BLOOD GLUCOSE.
6. Eligibility
You must be at least 13 years old to create an Account or to use Mirri Cloud. If you are under 18 (or the age of majority where you live), you may use 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 Mirri Cloud. Mirri Cloud is offered to individuals in the United States. Accounts are personal: we do not offer accounts for organizations.
Mirri Cloud does not create or hold Records that a parent or guardian keeps for a child.
7. Your Account, Your Keys, and Your Recovery Code
Signing in. You sign in with a one-time code that we send to your email address. Anyone who can read your email can request a code, so keep your email account secure, and tell us promptly at support@mirridiabetes.com if you think someone else has used your Account. You are responsible for all activity under your Account. You may have only one Account, and you may not share, sell, or transfer it.
Your keys. MIRRI One seals your Entries on your phone before they are uploaded. Mirri’s servers store sealed Entries but hold no key that can open them. Your Record’s keys are kept on your devices, and in forms that only your devices, a passphrase or passkey you set up, or your Recovery Code can open. A new phone or browser can read your Record only after one of your existing phones approves it. On iPhone, MIRRI One also saves your Recovery Code in your iCloud Keychain, so anyone who can sign in to your Apple Account on a device that knows your passcode could use it.
If you lose your keys, we cannot recover your Entries. Keep your Recovery Code somewhere safe; MIRRI One never sends it to us. If you lose every device that can open your Record and your Recovery Code, no one can read your Entries, including Mirri. You can then use Start Over in MIRRI One: the Entries that can no longer be read are deleted, your Record begins again on your phone, and your Followers must be invited again.
8. Connections and Plans
Every Connection that reads a Record counts toward the Record Holder’s MIRRI One plan, including a browser that opens Mirri Cloud (the Record Holder’s own browser included) and every phone, tablet, computer, or browser a Follower uses.
Plans are bought in MIRRI One through the Apple App Store or Google Play and are governed by the MIRRI One Terms of Service and the store’s terms. The number of Connections on each plan, and its price, are shown in MIRRI One before you buy. Followers never pay, and every tool in Mirri Cloud is available on every plan.
9. Sharing Your Record (Record Holders)
You decide. You decide whether to share, with whom, and which kinds of information each Follower may read. You invite a Follower with an invitation that can be used only once and expires within 24 hours; you confirm each Follower before they can read anything; and you can change what a Follower sees, or remove them, at any time. Cycle and other reproductive-health information is never uploaded to Mirri Cloud, so it cannot be shared through it.
When you remove a Follower, they can no longer read your Record. We cannot recall information a Follower has already opened, and their devices may keep copies, for example in MIRRI One’s short-term copy of the people its user follows, or in anything they saved.
Your responsibilities. You are solely responsible for choosing your Followers and for the consequences of sharing. You represent and warrant that you have the right and authority to share the information you share. Followers are chosen by you and are not vetted, controlled, or supervised by Mirri, and you release the Mirri Parties from all claims arising from any Follower’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.
10. Reading Someone Else’s Record (Followers)
If someone shares a Record with you, these Terms are the recipient terms that the MIRRI One Terms of Service refer to. You agree to:
- use the information only for the purpose the Record Holder expects, or as they direct;
- not sell, rent, or re-share it, and not use it for advertising, marketing, or profiling;
- not try to identify anyone in information that was shared with you without their identity;
- keep anything you save, export, print, or capture secure, and delete it when the Record Holder asks or when you no longer need it; and
- stop using the Record when the Record Holder removes you.
You are responsible for the copies you make, and Mirri does not control them.
11. Visual Share
In a Visual Share, the Mirri Cloud browser tab shows a one-time code, MIRRI One seals the days you choose to that code and shows them on your phone’s screen, and the browser reads them through its camera. The browser opens the days in its memory. They are not sent to Mirri or stored by Mirri Cloud, and they are gone when the Visual Share ends, the page is reloaded, or the tab is closed.
Check the name. Sealing is designed to keep people who see or film the screens from reading the days, but it does not prove who sent them. If you receive a Visual Share, check that the name shown matches the person in front of you. If you show your days to someone by Visual Share, what they write down, photograph, or capture is outside Mirri’s control.
12. Acceptable Use
You will not, and will not permit or enable anyone else to:
- use Mirri Cloud, or information in it, in violation of any applicable law or the rights of any person;
- access a Record you have not been given access to, or circumvent or attempt to circumvent Mirri Cloud’s security, keys, authentication, or access controls;
- probe, scan, load-test, or test the vulnerability of Mirri Cloud without our prior written authorization;
- access Mirri Cloud through any automated means, bot, script, scraper, or non-official client, or exceed or circumvent any rate limits we set;
- reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, algorithms, data structures, protocols, or interfaces of Mirri Cloud, except to the limited extent this restriction cannot be excluded under applicable law;
- copy, modify, or create derivative works of Mirri Cloud, or remove any proprietary notices;
- use Mirri Cloud, or any non-public information about it obtained through your use, to develop a competing product whose primary function is diabetes, metabolic-health, or blood-glucose data management or sharing;
- use another person’s information from Mirri Cloud to train, develop, or validate any machine-learning model without that person’s consent; or
- introduce any malware or other harmful code.
Security reports. If you believe you have found a security vulnerability in Mirri Cloud, tell us at support@mirridiabetes.com.
13. Your Content
Ownership. As between you and Mirri, you own the information in your Record (“Your Content”).
License to operate Mirri Cloud. You grant Mirri a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, back up, transmit, and route Your Content, in the sealed form MIRRI One uploads, and to sublicense these rights to our service providers acting on our behalf, solely as needed to operate Mirri Cloud at your direction. We do not use Your Content for advertising, and we do not sell it. This license ends when Your Content is deleted, except for copies retained as described in the Mirri Cloud Privacy Policy.
14. Intellectual Property; Trademarks; Feedback
Mirri Cloud and all related intellectual property are and shall remain the exclusive property of Mirri, including all source and object code, algorithms, models, designs, user-interface designs, and content, other than Your Content and information shared with you. These Terms transfer no ownership of Mirri Cloud to you. “Mirri,” “Mirri Diabetes,” “Mirri Cloud,” “MIRRI One,” and associated logos are trademarks of Mirri Diabetes LLC and may not be used without our prior written permission; all goodwill inures to Mirri.
If you provide feedback, suggestions, or ideas about Mirri Cloud (“Feedback”), you grant Mirri a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use and exploit the Feedback for any purpose without restriction or compensation, and you waive any related claim.
15. Availability; Pauses; Changes to Mirri Cloud
We may update, modify, pause, suspend, or discontinue Mirri Cloud or any feature at any time. We do not commit to any specific level of availability or support, and we may perform maintenance that temporarily affects availability. If we pause the Mirri Cloud website, we will keep its deletion page at cloud.mirridiabetes.com/delete-my-data available so that you can still delete your data.
16. Deleting Your Data; Suspension and Termination
Deleting your data. You can delete a Record or close your Account in MIRRI One (open the Menu, then Mirri Cloud, then Settings, then Delete & close account) or at cloud.mirridiabetes.com/delete-my-data. A deletion runs 24 hours after you ask, and you can cancel it from any signed-in device until then; when you close your Account you may instead choose to delete it at once. What deletion does is described in the Mirri Cloud Privacy Policy, Section 9.
Suspension and termination. We may suspend or end your access to Mirri Cloud if you breach these Terms, to prevent harm, or to comply with law. When your access ends, your license to use Mirri Cloud ends. Sections 2, 4, 5, 9, 10, 12, 14, and 19 through 26, and any other provision that by its nature should survive, survive termination.
17. Electronic Communications and Signatures
You consent to transact with us electronically. We may provide these Terms, the Mirri Cloud Privacy Policy, notices, and other communications electronically (on the Mirri Cloud website, in MIRRI One, or by email), your electronic acceptance constitutes your signature, and electronic records satisfy any requirement that communications be in writing.
18. Changes to These Terms
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 information), 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 Mirri Cloud. Non-material changes are effective when posted, and we will update the Effective Date.
19. DISCLAIMER OF WARRANTIES
MIRRI CLOUD 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 ON THE MIRRI CLOUD WEBSITE, IN THE PRIVACY POLICY, IN MARKETING, OR OTHERWISE — CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE MIRRI PARTIES DO NOT WARRANT THAT MIRRI CLOUD WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR ACCURATE; THAT ANY INFORMATION WILL BE DELIVERED, AVAILABLE, TIMELY, COMPLETE, OR ACCURATE; OR THAT ENCRYPTION OR SECURITY MEASURES CANNOT BE CIRCUMVENTED. YOU USE MIRRI CLOUD 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 MIRRI CLOUD 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 MIRRI CLOUD 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 Mirri Cloud; (b) your violation of these Terms or of any applicable law; (c) Your Content, including information you share with Followers; (d) your use of information shared with you as a Follower or received by Visual Share, including in research; (e) your breach of any representation about your authority or consent to share any person’s information; or (f) any claim brought by or on behalf of a person whose information you shared or used. 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 Mirri Cloud 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
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, 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. Notwithstanding Section 22, Mirri may seek injunctive or other equitable relief for actual or threatened infringement, misappropriation, or breach of its intellectual-property rights or of Section 12 in the state or federal courts located in Indiana, 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 Mirri Cloud 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.
24. Export Controls and Sanctions
You represent and warrant that you are not located in, and will not use Mirri Cloud 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. Accessibility
We are committed to making Mirri Cloud accessible and work toward conformance with recognized accessibility standards (such as WCAG 2.1 AA). If you have difficulty accessing any part of Mirri Cloud, contact us at support@mirridiabetes.com and we will work with you to provide the information or functionality you need.
26. Miscellaneous
Entire agreement; order of precedence. These Terms, together with the Mirri Cloud Privacy Policy, the Mirri Cloud Consumer Health Data Privacy Policy, and the U.S. State Health Privacy Notice, are the entire agreement between you and Mirri regarding Mirri Cloud and supersede all prior agreements regarding it. For Mirri Cloud, these Terms control over the MIRRI One Terms of Service. For the collection, use, and disclosure of 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. 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, enforced to the fullest extent permitted.
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, including in connection with a merger, acquisition, or sale of assets.
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.
Notices. We may provide notices to you on the Mirri Cloud website, in MIRRI One, 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.
Third-party beneficiaries. Except for the Mirri Parties, who may enforce the disclaimers, limitations, and releases that reference them, there are no third-party beneficiaries of these Terms.
Headings; interpretation. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.”
27. Contact Us
Questions about these Terms? Contact us at:
Mirri Diabetes LLC
300 Main St., Ste. 900
Lafayette, IN 47901, United States
+1 765-205-6520
Mirri Diabetes