Terms of Service

Effective date: 04 November 2018
Last updated: 04 November 2018

1. General information

These Terms are an agreement between you and My Levels Limited, a company registered in England and Wales under number 11393004 ("MyLevels"). The terms "we", "us", "our" and "ours" when used in these terms mean MyLevels. The terms "you", "your" and "yours" when used in these terms mean any user of the Service.

MyLevels designs products and tools that empower you to understand your body and the impact of food. These Terms of Service (the “Terms") apply to your access and use of the MyLevels Service. The “Service" includes devices including associated firmware, applications, software, websites, APIs, products, and services. These Terms do not apply to your use of the website generally without creating an account.

By using the Service you confirm that you are 18 years of age or more, that any registration information that you submit to MyLevels is true, accurate and complete and that you will update such information in order to keep it current. You confirm that you have read and agree to 1) the Abbot FreeStyle Libre Terms and Conditions of Sale document available here which governs your use of the FreeStyle Libre sensor (the “Sensor") unless superseded by 2) the terms of service contained in these Terms, and 3) our Privacy Policy available here (all of which are hereby incorporated into these Terms) and that you shall be legally bound by such terms subject to all applicable laws and regulations.

Please note that you must read and agree to the Terms before you use the Service. If you do not agree to the terms and conditions specified in the Terms, you may NOT use the Service.

2. Understanding MyLevels

You acknowledge and agree that the MyLevels Service is a service designed to empower you to understand your body, the impact of food on your body and how you might be able to change your diet and help improve your own wellbeing. You acknowledge and agree that if you choose to access the MyLevels Service you are solely responsible for deciding which of the information and suggestions you put into practice and how to apply those suggestions.

You also acknowledge and agree that MyLevels is not a medical organisation and that the MyLevels Service is not intended to diagnose, treat or otherwise address any medical problem. The material on the Service, whether posted by MyLevels employees, or other users, is provided for your information and not as medical advice and should not be seen as a replacement for consultation with a doctor or other qualified care professional. You are urged to seek the advice of a doctor before beginning any weight loss programme. If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Service, then the former should take precedence. The MyLevels Service is not intended for use by minors or pregnant women. Individuals with any type of health condition are specifically warned to seek professional medical advice prior to using the MyLevels Service.

The MyLevels Service is intended as a lifestyle change guide and is therefore not classified as a medical device, meaning the Service should not replace any existing recommendations that have been given by a health care professional. The content is not intended to be a substitute for professional medical advice, support, diagnosis, or treatment. As such this Service may not be suitable for every individual. You should always seek the advice of your healthcare professional with any questions you may have regarding any underlying / existing medical condition before starting using our Service.

3. Creating an account

Full use of the MyLevels Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. MyLevels is not liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us if you discover or suspect any security breach related to the MyLevels Service or your account.

4. Necessary equipment

Full use of the MyLevels Service is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the MyLevels Service and it is your responsibility to ensure the equipment’s functionality.

5. Prices and payment

The price of the Services (which includes VAT) will be the price indicated on the payment page when you made your one-off purchase or started a subscription. We will provide you with an invoice on request.

Payment of the price of the Services including one-time upfront costs shall be made at the time of the one-off purchase or the start of a subscription. If you choose a subscription product subsequent payments will take place on the same day of each month.

6. Your rights to cancel

You have the right to cancel the Services contract at any time.

If this is your first order from us or if you have ordered additional Sensor(s) outside of any subscription product you can return the Sensor(s) to us within thirty (30) days from the receipt of the Sensor(s) and any Bluetooth adapter(s) for a full refund as long as the Sensor(s) and Bluetooth adapter(s) are still in their original, unopened packaging. To arrange a return please contact us on hello@mylevels.com. Please be aware that you are responsible for the cost of any returns. The refund will be made as soon as reasonably possible, but not later than 14 days after the date on which we received the returned Sensor(s) and Bluetooth adapter(s).

Subscriptions can be cancelled by contacting us at hello@mylevels.com. No subsequent payments will be taken from your account once your cancellation has been processed and any applicable minimum term passes. Please be aware that no refunds will be issued for subscription payments taken before the cancellation or before end of the minimum term, except if this is your first payment to us and the Sensor is eligible for a refund as previously described in this section.

7. Your content

MyLevels may enable you to post, upload, store, share, send, or display photos, images, video, data, text, music, exercise regimens, food logs, recipes, comments, and other information and content (“Your Content") to and via the MyLevels Service. You retain all rights to Your Content that you post to the MyLevels Service. By making Your Content available on or through the MyLevels Service you hereby grant to MyLevels a non-exclusive, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this section are only for the limited purpose of offering and improving the MyLevels Service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a licence to use Your Content as described in these Terms.

You represent and warrant that Your Content, the use and provision of Your Content on the MyLevels Service, and your use of the MyLevels Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorisation, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the MyLevels Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the MyLevels Service, or which may expose us or our users to any harm or liability of any type.

MyLevels may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the MyLevels Service.

8. MyLevels content

“MyLevels Content" includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the MyLevels Service. MyLevels Content, the MyMyLevels Service, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United Kingdom and foreign countries. We reserve all rights not expressly set out in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the MyLevels Service. Our logos and any other MyLevels trademarks that may appear on the MyLevels Service, and the overall look and feel of the MyLevels Service, including page headers, graphics, icons, stickers and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the MyLevels Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

9. Geographical restrictions

MyLevels Services are not currently available to customers in locations outside the United Kingdom. Customers access our websites and the Services on their own initiative and are responsible for compliance with local laws.

10. Changes to Terms

We may revise these Terms from time to time in our sole discretion. The version of the MyLevels Terms which exists at the time you place your order will be the terms which govern the Services contract. Please check this page before you submit an order for Services, as this version may be different from the version(s) which applied to previous order(s) for Services you submitted.

11. Breach of the Terms

We will determine, in our absolute discretion, whether there has been a breach of these Terms through your use of the Services. When a breach of these Terms has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:

- Immediate, temporary or permanent withdrawal of your right to use the Service.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Service.
- Issue a warning notice to you to immediately cease and/or remedy such breach and following receipt such action should be taken immediately.Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Any further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of these Terms.
- The possible actions we may take on breach of these Terms are not limited to those described here, and we may take any other action we reasonably deem appropriate.

12. No warranty

The use of the Services (including but not limited to their content and features) is at your own risk. The Services is provided on an "as is" and "as available" basis. To the extent permitted by applicable law, MyLevels gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Services or to the accuracy of the information contained in any of the materials on the MyLevels Service. MyLevels shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on the Services. There is no guarantee of availability of information on the Services at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from MyLevels shall create any warranty on behalf of MyLevels in this regard. Certain jurisdictions do not allow the exclusion or disclaimer of certain warranties. Accordingly, some of the above disclaimers may not apply to you. Your statutory rights as a consumer, if any, are not affected hereby.

13. Limitation of liability

To the fullest extent applicable permitted by applicable laws, MyLevels, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use the Services, even if you have advised MyLevels about the possibility of such loss, and including any damages resulting therefrom. Commentary and other materials posted on the Services by other users are not intended to amount to advice on which reliance should be placed. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Services, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of MyLevels (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of the Services. Any claims arising out of or in connection with your use of the Services must be brought within one year of the date of the event giving rise to such action occurred.

Nothing in this provision affects our or our contractors' liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.

14. Technology limitations and modifications

MyLevels will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labor shortage or dispute, or governmental act) may, from time to time, result in interruptions. MyLevels reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Services with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore the Services (or any part thereof) as soon as practicable.

15. Third parties

Certain hypertext links in this site may lead to other third party websites, which are not under the control of MyLevels. When you activate any of these you will leave the Services and MyLevels has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of MyLevels. MyLevels does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content of on any external website link.

16. Indemnity

You agree to indemnify and hold MyLevels and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of these Terms or your violation of the Services (and all related materials) or any applicable laws, regulations or third party rights.

17. Assignment by MyLevels

MyLevels may assign (or otherwise transfer) these Terms or any part of it without restrictions. You may not assign (or otherwise transfer) these Terms or any part of it to any third party without our prior written consent.

18. Entire agreement

These Terms (incorporating the FreeStyle Libre Terms and Conditions of Sale, these terms and the Privacy Policy as may be updated from time to time) constitutes all the terms and conditions agreed upon between you and MyLevels and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Terms in any written or oral communication from you to MyLevels are void. You agree and accept that you have not accepted the terms and conditions of these Terms in reliance of or to any oral or written representations made by MyLevels not contained in these Terms.

19. Severability and waiver

If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted to best accomplish the objectives of the original provision fully permitted by law, and the remaining provisions of these Terms shall remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20. Terms and termination

The Services are controlled by MyLevels from its offices in London, United Kingdom. Access to, or use of, the Services, including the MyLevels Service and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing the Services. We make no representation that the information contained herein is appropriate or available for use in other locations.

These Terms and any contract between us, whether for use of the Services or other purpose, and any non-contractual obligations (if any) arising out of or about these terms and conditions or any such contract will be governed by English law. The parties agree that the courts of England have exclusive jurisdiction to settle any dispute arising out of or about these Terms (including a dispute regarding the existence, validity or termination of these Terms or any non-contractual obligation arising out of or about these Terms). Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of these Terms has originated.

21. Contact

You can contact us via the following details:

Email: hello@mylevels.com
Post: My Levels Limited, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE, United Kingdom