Tidepool Terms of Use

Last modified: April 6, 2026

Effective Date: April 20, 2026, Version 3.0

These terms are entered into by and between you and Tidepool Project (“Tidepool,” “us,” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our software applications, such as Tidepool for web, Tidepool for mobile, and the Tidepool Uploader, together with any other applications developed and/or distributed by Tidepool (the “Tidepool Apps”), including storage and retrieval of data by the Tidepool Apps on or through our hosted cloud platform (the “Tidepool Platform”).

Individuals who use the Tidepool Apps to help manage their diabetes are referred to as “PwD Users” (for “Person with Diabetes” or the parent/guardian of one) herein. These terms include provisions that apply separate provisions to (1) PwD Users; (2) members of a PwD User’s care team that the PwD User has granted access to (“Care Team Members”); (3) doctors, healthcare professionals, and other clinicians who may use Tidepool Apps or the Tidepool Platform to support people they provide care for (“Clinicians”), and (4) researchers who collect data from study participants for research purposes through the Tidepool Apps or Tidepool Platform (“Researchers”). PwD Users, Care Team Members, Clinicians and Researchers may collectively be referred to herein as “Users” (or, singularly, a “User”), and provisions that are not indicated as applying only to one of these groups apply to all.

To learn more, please review the following:

  1. PwD User Information Ownership
    1.1 Your PwD User Rights
    1.2 License to Access and Use Information
    1.3 Information Security
    1.4 Control and Sharing
  2. Care Team Member, Researcher, Clinician, and Clinic Accounts
  3. Acceptable Use of Tidepool Apps
    3.1 Use of Health Information
    3.2 Not Medical Advice or Health Care or Healthcare Services
    3.2 Other Uses
    3.3 Responsible Disclosure Policy
  4. Content Licensing and Intellectual Property Rights
    4.1 Intellectual Property
    4.2 Creative Commons License
    4.2 Trademarks and Trade Dress
    4.3 Your Information
    4.4 Hosted Software
  5. Availability of Tidepool Apps
  6. Linked Sites and Third Parties
  7. Consent to Communication
  8. Copyright Infringement
  9. Disclaimer of Warranties
  10. Limitation of Liability and Indemnity
  11. Arbitration
  12. Changes to the Terms
  13. Changes to the Tidepool Apps
  14. General
    14.1 Assignment
    14.2 Cancellation and Termination
    14.3 Entire Agreement
    14.4 Survival
    14.5 Governing Law
    14.6 Waiver and Severability
  15. Contact Us

Please read these Terms of Use and Privacy Policy carefully before you start using the Tidepool Apps. By using the Tidepool Apps, you agree to be bound by these Terms of Use, (including our Privacy Policy, found at https://tidepool.org/privacy-policy/, which is incorporated herein by reference). If you do not want to agree with these Terms of Use or abide by our Privacy Policy, you must not access or use the Tidepool Software.

1. PwD User Information Ownership

When a PwD User creates an account with Tidepool, or claims an account created on his or her behalf by a Clinician, the PwD User is the legal owner of the data, notes, files, and other information stored and managed using the Tidepool Apps, including without limitation personally identifiable health information (“Information”).  When Care Team Members or Clinicians upload Information to a PwD User’s account with the PwD User’s permission, this Information is owned by the PwD User. These Terms of Use and our Privacy Policy shall govern the use of the Information.

1.1 Your PwD User Rights

A. As a PwD User, you always retain ownership of the Information in your account, and only you can grant and revoke permission to share it.

B. Tidepool will not grant any third party access to your Information without your permission, except in limited circumstances (such as when specifically required by law) and only in accordance with our Privacy Policy.

C. Tidepool, Care Team Members, Clinicians, Researchers, Clinics, third-party applications, and third-party diabetes device makers are not granted any right to use or access your Information, except with your permission.

D. You can export your Information at any time, and you can request that your Information be deleted at any time by requesting that Tidepool delete your account. But please note that Information that you have chosen to provide to Researchers, Clinicians, Clinics, third-party applications, and third-party diabetes device makers may have been copied and/or retained by those third parties.

E. A Clinician such as your doctor or other health care provider, or a Researcher conducting a study in which you participate, may establish a Tidepool account to store Information about you in Tidepool. That Clinician or Researcher may invite you to create a Tidepool account. If you accept that invitation, you will become a PwD User. When you create an account, you will have control over the account and the Information associated with that account, and these Terms of Use will apply to you. The Clinician or Researcher who invited you to create the account or their Clinic will be a member of your Care Team. You may remove the Clinician, Researcher, or Clinic from your Care Team at any time.

If a Clinician or Researcher who uses Tidepool to store information about you does not invite you to create an account, or if you decide not to accept the Clinician’s or Researcher’s invitation, then you will not have control of the information in the account, and you will not be a PwD User with rights under these Terms of Use.

F. Clinicians are solely responsible to you for the professional health care and any other services that they may provide to you. Tidepool is not responsible for the quality or availability of the services that a Clinician or Clinic may or may not provide to you, or whether those services are provided in accordance with applicable laws. Tidepool does not select Clinicians or Clinics, nor supervise, monitor, or control the services they provide, and is not responsible for your choice of any Clinician or Clinic from whom you choose to receive professional health care or other services.

G. Tidepool is not responsible for quality or appropriateness of the methods or manner in which any research study is conducted, or whether research studies are conducted in accordance with applicable laws. Tidepool does not evaluate or endorse Researchers or the research studies they perform, and Tidepool may not supervise, monitor, or control those Researchers’ conduct of those research studies. If you have agreed to participate in a research study, your participation may be governed by terms other than or in addition to these Terms of Use such as an informed consent that you have given to that Researcher.

1.2 License to Access and Use Information

A. If you choose to grant access to your Information to a Care Team Member, Tidepool, Researchers, Clinicians, Clinics, third-party applications or third-party diabetes device makers, you hereby grant to such party a non-exclusive, limited right to access and use the applicable Information solely for the specified purpose, including any reuse or re-sharing permissions.

B. To facilitate your use of the Tidepool Apps, you hereby grant to Tidepool a non-exclusive, royalty-free license to use, store, reproduce and display any Information you store or manage through the Tidepool Apps solely as reasonably necessary to operate the Tidepool Apps and Tidepool Platform subject to these Terms of Use and our Privacy Policy.

1.3 Information Security

The security and privacy of your Information is important. Tidepool uses reasonable administrative, physical and technical safeguards designed to protect the security, confidentiality and integrity of your Information. For example, data that you upload from your diabetes devices is transmitted and stored using industry-standard encryption, as is any personal information or metadata you share with Tidepool. All personal information is encrypted both at rest and during transport. While we endeavor to protect your Information using reasonable safeguards we cannot guarantee that your Information will always be secure or that our safeguards will never fail.

1.4 Control and Sharing

As described in the Privacy Policy, PwD Users control the Information in their accounts and set permissions for sharing. Through features in the Tidepool Apps, you as a PwD User will be able to view and change the access rights of your Care Team Members and change your sharing preferences such as sharing with Clinicians, Researchers, Clinics, Tidepool, third-party applications and third-party device makers.

2. Care Team Member, Researcher, Clinician, and Clinic Accounts

Care Team Members, Clinicians, and Researchers can create accounts with Tidepool and become Users of Tidepool Apps.

Clinicians and Researchers who create their own accounts or Clinic accounts control the Information in their accounts and can set or change permissions for sharing. In some cases, an existing Clinician account may be converted to a new Clinic account or merged into an existing Clinic account, at which point existing PwD User and Custodial accounts connected to the Clinician account will remain connected to the Clinic account. Researchers may create accounts with Information for research purposes; the Researcher owns the Information in the Researcher’s account. A Clinician, such as a doctor or other health care provider, or a Researcher conducting a study, may establish an account to store information about a patient or study participant in the Tidepool Apps and/or Tidepool Platform. That Clinician or Researcher may invite the patient or study participant to open a Tidepool account. If the individual accepts that invitation, he or she will become a PwD User and will have control of all the data associated with that account. The Clinician or Researcher who invited the PwD User to open the account or their Clinic will be a member of the PwD User’s Care Team. The PwD User may remove the Clinician, Researcher, or Clinic from his or her Care Team at any time.

3. Acceptable Use of Tidepool Apps

As a condition of use, you agree not to use the Tidepool Apps for any purpose that is prohibited by the Terms of Use or other rules and policies implemented by Tidepool from time to time. You must use the Tidepool Apps only for lawful purposes, and you agree to comply with all applicable laws, rules, and regulations in using the Tidepool Apps. You must also respect the privacy and Information of others who use Tidepool Apps and comply with our Privacy Policy.

3.1 Use of Health Information

We endeavor to operate the Tidepool Apps so that everything we show you is accurate and complete. However, we cannot guarantee that the Tidepool Apps do not have errors or bugs. Even if there are no errors or bugs, it is possible to draw inappropriate conclusions from information that you see. TIDEPOOL DOES NOT WARRANT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF THE INFORMATION ON THE TIDEPOOL APPS. YOU ACCEPT FULL RESPONSIBILITY FOR ANY DECISIONS YOU MAKE REGARDING MEDICAL TREATMENT, THERAPY, OR OTHERWISE.

The Tidepool Apps are informational and management aids only, designed to facilitate the interpretation and exchange of medical and other information, and are not offered or provided for the purpose of diagnosing, treating or prescribing for any illness or injury. Neither the Tidepool Apps nor any service provided by Tidepool is a substitute for the use of professional evaluation and decision-making by appropriately licensed and qualified physicians and other healthcare professionals in making diagnoses and/or treatment decisions. The Tidepool Apps and Tidepool’s services manage and display medical information and Tidepool does not control and cannot assure the accuracy, completeness or currency of any such information. Tidepool does not endorse drugs or other products or services, diagnose any injury, illness, disease or other health condition, or recommend any treatment, therapy or health care provider.

If you are a Clinician, you may be using our software to help your patients. For the reasons discussed above, you should not rely exclusively upon information you receive through use of the Tidepool Apps in any decision-making you make in connection with your diagnosis and treatment of any patient. You remain fully responsible to perform all of your professional and other duties to your patient in accordance with the applicable standards of care. You expressly acknowledge and agree that Tidepool is not responsible for the results of your professional medical decisions resulting from the use of Tidepool’s Apps and Tidepool’s services. You shall fully indemnify and hold Tidepool harmless from and against any claims or losses whatsoever arising from any failure on your part to discharge your professional and/or other legal duty of care to your patient.

If you are a PwD User using our software to help you manage your diabetes, do not make therapy changes or dosing decisions without applying common sense and consulting your healthcare professional.

3.2 Not Medical Advice or Health Care or Healthcare Services

The Tidepool Apps are not intended to provide treatment decisions or be used as a substitute for professional healthcare advice. Tidepool does not offer or provide any medical advice and the Tidepool Apps and content provided or accessed through the Tidepool Apps are for informational purposes only. By using the Tidepool Apps you acknowledge and understand that Tidepool is not a healthcare professional and Tidepool does not offer medical advice or diagnoses, or engage in the practice of medicine or provision of healthcare services of any kind. The Tidepool Apps are not intended to be a substitute for professional medical advice, diagnosis, or treatment and is offered for informational purposes only. The User is solely responsible for obtaining proper treatment for his or her conditions. Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the Tidepool Apps.

You are solely responsible for any decisions or actions you take based on the information and materials available through the Tidepool Apps. Reliance on any information provided by Tidepool or in connection with the Tidepool Apps is solely at your own risk.

If you notice problems or issues with your Information, please double-check it from its source. If you believe there are problems or inaccuracies in the display of your Information in the Tidepool Apps, please let us know by contacting us at support@tidepool.org.

3.3 Other Uses

In addition, here are things you cannot do or attempt to do with Tidepool Apps:

  • Violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries), or the privacy of others.
  • Provide trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post or provide it.
  • Provide material that infringes on any other intellectual property, privacy, personality or publicity right of another.
  • Provide material that promotes hate or violence, is pornographic or which would generally be considered obscene or indecent.
  • Impersonate or attempt to impersonate Tidepool, a Tidepool employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing), intimidate or harass another person.
  • Engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation.
  • Transmit or transfer (by any means) information technology or software derived from the Tidepool Apps in violation of U.S. export control laws.
  • A Care Team Member is prohibited from copying, using, or disclosing, in whole or in part, to any other party any Information shared with the Care Team Member by a PwD User, except in accordance with these Terms of Use.
  • The following restrictions on use are based on Tidepool’s contractual obligations to third-party device manufacturers:
  • Compare performance of third-party devices, or software associated with third-party devices.
  • Use the Tidepool Apps in the development of devices, software, or software-based services, an algorithm to be used in or by diabetes devices, or a decision support algorithm.
  • Use the Tidepool Apps for use in decision analysis concerning reimbursement or insurance coverage.
  • Use the Tidepool Apps for direct monetization.

In addition, unless you comply with our Responsible Disclosure Policy (described in Section 3.3 below), you are prohibited from violating or attempting to violate the security of the Tidepool Apps or Tidepool’s other systems or network security, including, without limitation, the following:

  • Accessing data and information not intended for your use of the Tidepool Apps.
  • Gaining unauthorized access to an account, server, or any other computer system.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
  • Attempting to interfere with the function of the Tidepool Apps, or any Tidepool App host or network, including, but not limited to, via means of submitting a virus to any Tidepool App, overloading, denial of service attacks, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services.
  • Sending altered, deceptive or false source-identifying information, including “spoofing” or “phishing.”

Unauthorized access of or tampering with Tidepool’s systems or network security that does not comply with our Responsible Disclosure Policy may result in civil or criminal liability.

3.4 Responsible Disclosure Policy

Tidepool supports the responsible identification and disclosure of potential security vulnerabilities. If you believe you have found a security vulnerability in any of Tidepool’s Apps, Tidepool’s source code or Tidepool’s other systems or network security, we encourage you to review Tidepool’s Responsible Disclosure Policy and promptly report the issue by following the vulnerability reporting process described in that policy.

4. Content Licensing and Intellectual Property Rights

4.1 Intellectual Property

The Tidepool Apps and their entire contents, features, and functionality (including but not limited to all information, software, text displays, images, video, and audio, and the design selection, and arrangement thereof) are owned by Tidepool, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Tidepool Apps or any content on the Tidepool Apps is transferred to you, and all rights not expressly granted are reserved by the Company.

Tidepool grants you, for your own purposes only, a nonexclusive, limited, revocable right to access and use the Tidepool Apps, so long as you comply with the Terms of Use. You agree not to use the Tidepool Apps for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Tidepool Apps without Tidepool’s prior written consent. All materials available through the Tidepool Apps may be accessed, downloaded or printed for the non-commercial purpose and solely within the scope allowable by this Terms of Use. No other use of these materials may be made without express written permission of Tidepool. Any use of the Tidepool Apps not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

4.2 Creative Commons License

The Tidepool Apps, including all contents, such as text, images, audio, and user interface designs used to generate the applications (collectively, “Tidepool Content”), are generally made available for public sharing and reuse through the Creative Commons Attribution Share-Alike 4.0 Unported license (“Creative Commons License”), or any later version thereof. Some of the Tidepool Content may be acquired from sources that prohibit further use of their content without advance permission. Where possible, the Tidepool Apps will display a notice with the applicable license relevant to that content. You agree to abide by such licenses. Some Tidepool Content may indicate that the author considers his or her work proprietary and requires prior permission for any use of the work. In such cases, you should contact the author or author’s agent for permission to use the content. The software source code for the Tidepool Apps is made available separately under an open source license. Please see https://github.com/tidepool-org for more information.

4.3 Trademarks and Trade Dress

The company name “Tidepool”, the company logos, product and service names, designs, and slogans are trademarks of Tidepool or its affiliates or licensors, and are not licensed under the Creative Common License. You must not use such marks without the prior written permission of Tidepool. All other names, logos, product and service names, designs, and slogans appearing on the Tidepool Apps are the trademarks of their respective owners. If you wish to use any of our Trademarks, or if you have any other questions about complying with our licensing terms, you should email legal@tidepool.org.

4.4 Your Information

When you provide access to any such information through the Tidepool Apps, you give Tidepool a limited, nonexclusive, worldwide, royalty-free, perpetual, fully paid-up, sublicensable right and license to use that information in connection with providing you the Tidepool Apps. However, Tidepool may only use the information you provide as permitted by the Tidepool Privacy Policy, and applicable law. If you use the Tidepool Apps together with your healthcare provider, your healthcare provider may be able to review and access your data, and to transfer that data to your file on their Electronic Health Record. Tidepool is in no way responsible for any processing of your data conducted by healthcare providers. Please closely review our Privacy Policy for more information regarding how Tidepool uses and discloses your personal information.

4.5 Hosted Software

We make our applications available both in hosted form - where we run it on Tidepool-managed servers - and also in source code form, where you (or someone else) can download the source code from GitHub (www.github.com/tidepool-org), build it, and run it locally or on your own servers. These Terms of Use apply only to the Tidepool hosted versions of the Tidepool Apps, or to Tidepool-compiled, and installable versions of Tidepool Apps. If you choose to build or host the source code independently, you may not claim affiliation with or endorsement by Tidepool, you are not authorized to use Tidepool’s trademarks, and your deployment must be configured to operate independently so as not to interfere with the performance or operation of Tidepool’s hosted services.

5. Availability of Tidepool Apps

You must be 13 or older to register as a User of Tidepool Apps. If you are at least 13 but are under the age of 18, you may only register with and use Tidepool Apps with your parent’s or legal guardian’s consent. You agree to all of the terms and conditions of these Terms of Use, and if you are between the ages of 13 and 18, you represent that you have obtained your parent’s or legal guardian’s consent and that your parent or legal guardian has agreed to these Terms of Use. If you are a parent or legal guardian who has consented to the use of Tidepool Apps by a person between the ages of 13 and 18, you are fully responsible for that person’s use of Tidepool Apps and agree to be bound by these Terms of Use. If we become aware that a person under 13 has registered as a User, we may delete the person’s account.

You understand that to register as a User of Tidepool Apps you must be in the United States. We make no claims that Tidepool Apps are accessible or appropriate outside of these areas. Access to Tidepool Apps may not be legal by certain persons or in certain countries. If you access Tidepool Apps from outside the United States you do so on your own initiative and are responsible for compliance with local laws.

6. Linked Sites and Third Parties

You may be able to link to third-party sites or connect to third-party applications from the Tidepool Apps, or connect to the Tidepool Apps from third-party applications, or you may choose to share your Information with third-party device makers or Researchers (collectively, “third parties”). Tidepool does not control third-party applications, third-party linked sites or third-party device makers in any way, and Tidepool is not responsible for the content, availability, advertising, products, information or additional links, use of information, security or privacy policies and practices, or materials of any such third parties. Links to third-party sites and the option to share your Information with third-party applications, sites and/or device makers does not imply Tidepool’s endorsement of, or affiliation with, such third parties. In no event shall Tidepool be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of third-party sites, third-party applications or sharing with third-party device makers. If you decide to access any of the third-party sites, third-party applications or sharing with third-party device makers, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

If you would like to share your information with a third-party device maker(s) that are not currently linked to Tidepool, please contact support@tidepool.org.

You consent to receive electronically any communications related to your use of the Tidepool Apps. We may communicate with you by email, by posting notices in the Tidepool Apps, or by sending mobile- or web-based notifications. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Tidepool intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide us. If you provide us with a telephone number, you expressly agree that we, or our authorized agents, can use that number to contact you about your account.

If you believe that any content on any Tidepool Apps infringes upon any copyright which you own or control, you may send a written notice to Tidepool’s Copyright Agent at legal@tidepool.org. The written notice must satisfy the requirements set forth in the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512). It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

9. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED HEREIN (I) TIDEPOOL DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND TIDEPOOL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, AND WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, AND ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, BUGS OR ERRORS, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (II) WITHOUT LIMITING THE FOREGOING, TIDEPOOL AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO USER THAT: (A) USER’S USE OF THE TIDEPOOL APPS WILL MEET THE USER’S REQUIREMENTS, (B) CLINIC’S USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR (C) DEFECTS AND ERRORS IN THE TIDEPOOL APPS WILL BE CORRECTED; AND (III) THE TIDEPOOL APPS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, USER HEREBY ACKNOWLEDGES AND AGREES THAT: (1) USE OF THE TIDEPOOL APPS IS AT USER RISK; (2) THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO, AND DO NOT, SUBSTITUTE FOR THE PROFESSIONAL INQUIRY, RESEARCH, EXPERTISE OR JUDGMENT OF PHYSICIANS, PHARMACISTS OR ANY OTHER HEALTHCARE PROFESSIONALS IN DIAGNOSING AND TREATING PATIENTS; (3) THE DATA MADE AVAILABLE THROUGH THE TIDEPOOL APPS DOES NOT, AND IS NOT INTENDED TO, PROVIDE A COMPREHENSIVE MEDICAL HISTORY OF ANY PATIENT; (4) THE DATA MADE AVAILABLE THROUGH THE TIDEPOOL APPS IS NOT EXHAUSTIVE AND CANNOT BE RELIED UPON AS COMPLETE; (5) TIDEPOOL DOES NOT VALIDATE OR VERIFY THE INFORMATION RECEIVED FROM USERS AND/OR OTHER SOURCES AND THEREFORE TIDEPOOL CANNOT BE RESPONSIBLE FOR THE ACCURACY OR QUALITY OF THE SERVICES; (6) ALTHOUGH THE DATA MADE AVAILABLE THROUGH THE TIDEPOOL APPS MAY BE UPDATED FROM TIME TO TIME, NO WARRANTY IS PROVIDED WITH RESPECT TO SUCH DATA EXPRESSLY BEYOND THE WARRANTIES MADE BY THE MANUFACTURER OF THE SUPPORTED DEVICE FROM WHICH SUCH DATA WAS GENERATED, INCLUDING ANY WARRANTY THAT SUCH INFORMATION IS CURRENT OR ACCURATE AT ANY GIVEN TIME; AND (7) EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, IN NO EVENT WILL TIDEPOOL, OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS OR ASSIGNS BE LIABLE IN CONNECTION WITH THE USE OF THE SERVICE, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICE, DELAY IN OPERATION OR TRANSMISSION, VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER TECHNICAL ERRORS OR OMISSIONS FROM USE OF THE SERVICES.

TIDEPOOL MAKES NO WARRANTY THAT THE TIDEPOOL APPS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE TIDEPOOL APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE TIDEPOOL APPS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE TIDEPOOL APPS. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

USER AGREES AND ACKNOWLEDGES THAT TIDEPOOL IS NOT ENGAGED IN THE PRACTICE OF MEDICINE. USER FURTHER AGREES AND ACKNOWLEDGES THAT TIDEPOOL IS IN NO WAY ACTING AS A MEDICAL PROVIDER WITH RESPECT TO ANY PERSON, AND THAT TIDEPOOL DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSES OR TREATMENTS THROUGH THE PROVISION OF ANY OF THE SERVICES TO CLINIC UNDER THIS AGREEMENT.

10. Limitation of Liability and Indemnity

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL TIDEPOOL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, CONTENT OR SERVICE PROVIDERS, OR SUCCESSORS HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR OTHER SPECIAL DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (i) YOUR USE OF, OR INABILITY TO USE, THE TIDEPOOL APPS, MATERIALS AND FUNCTIONS RELATED THERETO, (ii) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION, OR ALTERATION OF DATA, TRANSMISSIONS, OR CONTENT, (iii) STATEMENTS OR CONDUCT OF ANY USER OR CARE TEAM MEMBER USING TIDEPOOL APPS, (iv) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR DATA OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION, (v) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE TIDEPOOL APPS, OR (vi) ANY OTHER MATTER RELATING TO THE TIDEPOOL APPS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF TIDEPOOL OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE BUT EXCLUDING GROSS NEGLIGENCE AND INTENTIONAL ACTS OF TIDEPOOL), STATUTE, OR ANY OTHER LEGAL THEORY, EITHER ARISING FROM THE TERMS, OR YOUR USE OF OR INABILITY TO USE THE TIDEPOOL APPS. Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above limitations may not apply to you. The foregoing provision is enforceable in the State of New Jersey in the United States of America.

You agree to defend, indemnify, and hold harmless Tidepool, and all of its respective officers, directors, employees, owners, agents, information providers, licensors and licensees, from and against any and all liabilities, losses, damages, expenses, and costs (including reasonable attorney fees) incurred in connection with any third-party claim, complaint, suit or cause of action arising from your conduct in connection with accessing and/or using the Tidepool Apps or your breach of these Terms of Use. This provision does not apply to acts of Tidepool. You shall cooperate with Tidepool in the defense of any such claim. Tidepool reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you. The foregoing provision is enforceable in the State of New Jersey in the United States of America.

You Must Bring Claims Within One Year

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR USE OR THE APPS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCURES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Arbitration

Any controversy or claim arising out of or relating to these Terms of Use, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the City and County of San Francisco, California in the United States of America, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary herein, Tidepool, any PwD User, any Care Team Member, any Clinician, any Clinic, any Researcher, or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

12. Changes to the Terms

We reserve the right, without notice to you, to revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Tidepool Apps thereafter. Your continued use of the Tidepool Apps following the posting of revised Terms of Use means that you accept and agree to be bound by the changes. You should check this page each time you access the Tidepool Apps so that you are aware of any changes that may be made to these Terms of Use. IF YOU DO NOT AGREE TO THE REVISED TERMS OF USE, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE TIDEPOOL APPS.

Notwithstanding the foregoing, any changes to the dispute resolution provisions set forth in these terms will not apply to any disputes for which the parties have actual notice before the date the change to the Terms of Use is posted to the Tidepool Apps.

13. Changes to the Tidepool Apps

We reserve the right to modify, refine, add or remove features, impose limits on the service or size of storage available to you, or suspend the Tidepool Apps, in our sole discretion without prior notice to you and without liability to anyone, including you or any third party. In the unlikely event of discontinuance, we will endeavor to notify you to allow you to export your Information. We may impose or you may experience limits on your use of the Tidepool Apps. If you disagree with any changes to the Tidepool Apps, you agree that your only recourse will be to stop using the Tidepool Apps. You may export your Information or request that your Information be deleted before doing so. Continuing to access the Tidepool Apps after any modifications will indicate that you agree with the changes and are satisfied with the Tidepool Apps as modified. We will not be liable if, for any reason, all or part of the Tidepool Apps are unavailable at any time or for any period of time. From time to time, we may restrict access to all or any part of the Tidepool Apps to Users.

14. General

Assignment

You may not assign any of your rights or obligations under these Terms of Use without Tidepool’s express written consent. Any such assignment or transfer shall be void. These Terms of Use inure to the benefit of Tidepool’s successors and assigns.

Cancellation and Termination

You can cancel your account, export your Information, or request that your Information be deleted at any time. Tidepool may also suspend or terminate your account if you violate these Terms of Use. In such situations, we may attempt to notify you so that you can export your Information, but we may immediately suspend or terminate your account in certain circumstances, such as causing harm to another User, disrupting others’ use of the Tidepool Apps, or causing Tidepool potential legal liability.

Entire Agreement

These Terms and the Privacy Policy constitute the sole and entire agreement between you and Tidepool with respect to your access to and use of the Tidepool Apps, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Tidepool Apps. You may also be subject to additional terms and conditions that are applicable to certain parts of, or services offered on or through, the Tidepool Apps. If any incorporated agreements or policies conflict with these Terms of Use, these Terms of Use shall control.

Survival

The following sections will survive any termination of your access to the Tidepool Apps, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive: Sections 9, 10 and 14.

Governing Law

All matters relating to the Tidepool Apps and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws the State of California, without giving effect to any choice or conflict of law provision rule (whether the State of California or any other jurisdiction).

Waiver and Severability

No waiver by Tidepool of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tidepool to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

15. Contact Us

If you have any questions about these Terms of Use, please contact us at legal@tidepool.org or by mail at:
Tidepool Project
Attn: Legal Department
555 Bryant St., #429
Palo Alto, CA 94301