Therefore, we inform you about the contact details of the owner of the website:

• Owner: Insulcloud, S.L
• Trade name: Insulcloud
• VAT: ESB87131454
• Registered Office: Alameda Mazarredo 25, 1ª, 48009 Bilbao, Bizkaia (Spain)
• Headquarters: Calle Bravo Murillo 101, 2ª, 28020 Madrid (Spain)
• Registered in the Mercantile Registry of Bilbao, on Sheet BI-73144, Volume 5838, Folio 198
• Medical Product manufacturer license granted by the Spanish Agency for Medicines and Health Products (AEMPS): 8410-PS
• e-mail: info@insulcloud.com / Phone number: +34 911 672 677

Insulcloud has the ownership and holds the exploitation and management of the domains, insulclock.com, insulclock.es, insulcloud.com, insulcloud.es y tudiabetesbajocontrol.com. This Legal Notice and Terms of Use regulates the use of these websites, including the subpages (hereinafter referred to collectively as "the website", "our website" or "this website"). If you leave our website via a link or visit our social media pages, you will also leave the scope of this Legal Notice and Terms of Use.

Terms of use

The website provides the public with information regarding the INSULCLOUD® 360 SYSTEM and its components (Diabetes Control Insulclock® 360 mobile application, the Insulclock® device for insulin pens and the ENDO® web platform), activities, products and services, information on diabetes treatment, diabetes training, healthy living, exercise and nutrition and on the latest news offered by Insulcloud.

Please, read carefully all the information we provide. The fact of accessing this website, staying in it and using the materials contained in it, implies that you have read and accepted this Legal Notice and Terms of Use in its entirety, as well as our Privacy Policy. If you need more information or need to clarify any of these documents, do not hesitate to contact us.

Through the website, Insulcloud provides information about its products and, if you are accessing the website from Ireland, offers the possibility to buy an Insulclock® smart cap. It also offers healthcare professionals the possibility of requesting a demo of the operation of the INSULCLOUD® 360 SYSTEM. Due to the content and this purpose, people who want further information or apply for a demo must contact Insulcloud through the contact form enabled in the “Contact” section. If you do not agree with our Privacy Policy, you should not contact us through this form on this website. Carrying out a registration on this website implies understanding and adherence to this Legal Notice and Terms of Use and other provisions contained in this website, specifically the acceptance of our Privacy Policy. If you do not agree with all these provisions, you should not register through this website.

In any case, there are pages and subpages of the website accessible to persons that do not register or initiate a product purchase (hereinafter, USERS). In this sense, USERS who access these parts of the website agree to be bound by the terms and conditions contained in this Legal Notice and Terms of Use and our Privacy Policy. If you do not agree to all these provisions, please leave this website.

Insulcloud wants to let you know that this website is aimed exclusively to people over 16 years old. Minors who intend to make use of the services contained in the website must have the prior consent of their parents, guardians or legal representatives, being they the solely responsible for the acts performed by the minors in their charge.

THIS WEB SITE DOES NOT REPLACE THE OPINION OR THE CRITERIA OF A PHYSICIAN. On this website we give you the possibility to access our blog.  This service offers information about diabetes treatment, diabetes education, healthy living, exercise and nutrition, with the sole purpose of serving as support, but never to replace the criteria, recommendations and/or treatments established by your doctor or other medical staff. We recommend that any decision you make regarding your health care should always be made in consultation with your doctor, but never base your decision on any content on this website.

Even though everything in this blog is written with the utmost rigor, in no case in any case does this information replace the diagnosis, treatment and / or recommendations that come from a doctor or other physician who intervenes in the process of your illness.

Information and Consults

For any information about the characteristics of the products and services presented on this website, as well as to communicate any type of incident or claim, you can send an email to info@insulcloud.com or by using the Contact section of our website.

If the query refers to a purchase made, the order number assigned to you and indicated in the purchase confirmation email must be indicated in the subject of the message. For any information about the billing of your order, you can request it through the Contact section of our website or by sending an email to info@insulcloud.com.

Purchase procedure

If you are accessing to our website from Ireland YOU have the possibility to purchase our products. In order to buy any of the products offered on this website, it is necessary for YOU to be of legal age, with sufficient capacity to be contractually bound, to register on our website providing the data we request and to be a resident in Spain. In case you do not meet any of the characteristics, please contact us.

The product offered for sale is a CE-marked medical device compliant with applicable European Union regulations. Please refer to the product description and usage guidelines provided on our website.

Note that you must be at least 18 years old to place an order. By placing an order, you confirm that:

The purchase procedure on Insulcloud's website is very simple. To start, you must access it from insulcloud.com/ireland. You can also access through our social networks Facebook and/or Instagram. You can also access the purchase section if we provide you with the link through email, WhatsApp, or any other channels of communication. If YOU try to start the purchase procedure in any way other than any of those described herein, Insulcloud does not guarantee that you are entering our website to start the process, nor do we guarantee that you are requesting or buying any of our products and, therefore, is not responsible for any damages that this may cause.

You must select the desired Insulclock® model (FlexTouch® and/or KwikPen®) in the specific section, depending on the insulin pen brand you use. When you are done and satisfied, click “ADD”. You will be redirected to a sub-page where the summary of your purchase will be displayed and, if you do not agree, you can modify your request.

Next, you might enter the discount CODE, if applicable. Once you have entered a valid coupon in the section “Add promotion code”, you must click on "Apply" (If your CODE is valid, you will see a decrease in the final purchase price. If it's invalid, the field will turn red). You will need to enter a series of personal data as well. The personal data that is requested: name, surname, NIF / CIF, country, address, postal code, city, province, telephone and valid email address. Consult our Privacy Policy to have more information about how Insulcloud processes your personal data.

To finalize the purchase procedure, you must provide us with the requested payment details: card number, card expiration date and cvc. In addition, you must read and understand our Privacy Policy, the Legal Notice including these Purchase Conditions and, then, if YOU agree and fully understand what is expressed in those documents and you agree with the summary of your purchase, you must click on the checkbox whose legend indicates. Then you must click on PAY to finalize the purchase procedure.

If YOU are purchasing any of Insulcloud's products on behalf of a legal entity, you must provide us with the COMPANY NAME and VAT number.

THE PURCHASE PROCEDURE CAN ONLY BE CARRIED OUT IN IRELAND AND IN ENGLISH.

After the purchase process, a CUSTOMER / USER account will be created to manage your purchase. For this, the USER must freely and voluntarily provide the personal data that is required. Read our Privacy Policy.

In any case, the Insulcloud platform will inform you, once the purchase procedure is completed, via email, regarding all the characteristics of the purchased product, forms of transport, date of purchase and delivery estimate of the product or service.

YOU agree to use our website only for legally valid inquiries and/or purchases. You are also obliged to provide your contact information in a certain and correct way, thus allowing Insulcloud to be able to use this information to contact YOU if necessary. If you have any questions about how Insulcloud protects and processes your personal information, see our Privacy Policy.

YOU can cancel the purchase whenever you want, but always before the item purchased is shipped. Cancellation must be requested by sending an e-mail to info@insulcloud.com as soon as possible or by using the Contact section of our website. This cancellation will only be accepted as long as it occurs before Insulcloud has shipped the items purchased by YOU.

INSULCLOUD RESERVES THE RIGHT TO CANCEL ANY PURCHASE IN CASE THERE ARE SUSPICIONS THAT THE PURCHASE MADE IS NOT LEGALLY VALID OR FOR OTHER REASONS.

Forms and means of payment

Insulcloud reserves the right to change the forms and means of payment and can create new ones or eliminate any of the existing ones, without YOU being able to make claims for this reason. However, if the change in the form and or means of payment affects an order that has already been placed, we will contact YOU to inform you of this change, offering the option to cancel the order if deemed appropriate.

In this sense, confidential data is transmitted in an encrypted form (SSL) to the corresponding financial institution. The SSL encryption system that we use confers total security to the transmission of data through the network. Your data is completely confidential and protected. Security in electronic purchases is guaranteed by the corresponding financial institution. This has the necessary security means to identify possible errors in the data provided when making card payments. Data on credit or debit cards are not recorded in any Insulcloud database. Data will be used only at the virtual POS (Point of Sale Terminal) of the corresponding financial institution, through its Secure Payment Gateway.

Credit or debit cards are subject to checks and authorizations by the issuing entity, but if the entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any contract with you.

YOU must notify Insulcloud of any improper or fraudulent charge on the card used for purchases, by email to info@insulcloud.com or by using the Contact section of our website, in the shortest time possible so that we can take the appropriate steps.

Price and Validity Period of the offer

The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable and, in any case, they will be expressed in the Euro currency (€). Said prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.

The prices applicable to each product will be those published on the website and applied automatically by the Purchase Procedure in the last phase of the same. YOU assume that in any case the economic valuation of some of the products may vary in real time. In any case, this will always be previously communicated to you. In the order confirmation information, prior to the CUSTOMER / USER accepting the operation, the prices of each of the items chosen are clearly specified, as well as the delivery costs that will be applicable to the operation and promotions or discounts that, where appropriate, are applicable.

Insulcloud reserves the right to modify the sale prices listed on insulcloud.com at any time, but the items will be billed based on the rates in effect at the time the order is registered subject to availability on that date.

Any payment made to Insulcloud will entail the issuance of an invoice in the name of the registered BUYER. Said invoice will be automatically sent to the email address provided by you. For any information about the billing of your order, you can request it by sending an email to info@insulcloud.com or by using the Contact section of our website.

Product delivery

Purchases made on the website will be delivered by Insulcloud by its own means or through a transport agency designated by Insulcloud. Orders will be delivered to your address or designated place to do so. Insulcloud does not assume any responsibility when delivery cannot be made as a result of the data provided by YOU being inaccurate, imprecise or incomplete or when delivery cannot be made because the recipient is absent from the place designated for delivery. The transport of the purchased items is done through shipping. To avoid incidents in the delivery (wrong addresses, inability to find someone at home, etc.) it is essential to fill out the form correctly, it is advisable to fill in the box relating to the mobile phone contact.

Notwithstanding the foregoing, Insulcloud will adopt the legally required measures so that delivery can be made as soon as possible, both to the satisfaction of the sender and the recipient. In order to optimize delivery, we appreciate that you indicate an address where the purchased product can be delivered within normal business hours.

Insulcloud does not guarantee the delivery of your purchase at any time, as this purchase does not imply that finally Insulcloud is obliged to reach a commercial agreement with YOU. The products or services, as well as their functionalities, offered on this website may undergo modifications and version changes that may improve their performance, without YOU being able to claim Insulcloud for said modifications.

FOR SECURITY REASONS, PRODUCTS WILL NOT BE DELIVERED TO PO BOXES.

Regarding deliveries to hospitals, public bodies and other buildings in which there are restrictions for access to the general public, Insulcloud does not guarantee that it will be made directly to the recipient, the order being fulfilled and released from liability, when the item purchased has been made available to the recipient at the reception, in the place that acts as access control or in the place designated by the management or security personnel of the property.

Once the time has come for the item to be delivered, the delivery period will be indicated in the detail file of each one of them. Once the order is delivered to the transport company, an e-mail will be sent notifying you of its shipment. It is estimated that, once the carrier has the order, the shipping time will not exceed 72 hours. For the calculation of this term, the working days count from Monday to Friday, except if one of them is a local or national holiday. To calculate the delivery time, several factors are taken into account, including the destination address and the speed with which we can process and collect the products of the order for shipment (the general delivery time is indicated on the page of detail of each product, for information purposes, so that you can evaluate the speed of shipment of the order). Unless extraordinary situations occur, the delivery period will be less than the established maximum. However, there could be delays due to unforeseen circumstances or depending on the delivery area. In case of late deliveries, Insulcloud will inform you as soon as it becomes aware of them.

As a general rule, and unless otherwise indicated, the shipping costs will be paid by YOU, and will be detailed when Insulcloud is in a position to ship the items purchased.

Each delivery is considered made from the moment in which the transport company makes the product available to YOU, which is materialized through the control system used by the transport company.

In the case of delays in the delivery of orders attributable to Insulcloud, the buyer may cancel their order in accordance with the procedure described in the Withdrawal and Returns sections. Delays in delivery will not be considered those cases in which the order has been made available to the buyer by the transport company within the agreed period and could not be delivered for reasons attributable to the buyer.

The products offered through our website are available for shipment in Ireland. All product purchases are subject to their availability. In this sense, if there are difficulties regarding the supply of products or if there are no items in stock, Insulcloud reserves the right to provide you with information about substitute products of equal or higher quality and value that you can order. If you do not want to order these substitute products or if the wait for the ordered product seems too long, Insulcloud will refund any amount that may have been paid.

Returns

Return for product defects, transport defects or shipping errors: if at the time of delivery it is clearly and visibly appreciated, without the need to manipulate the shipping packaging or the product's own packaging, that a product has defects caused by damage in transport or, in the same way, a defect in the merchandise received is appreciated, the client must notify Insulcloud (by email addressed to info@insulcloud.com or by using the Contact section of our website) within 48 hours of the receipt of the order to be able to urge the return of the affected product or products and with it the replacement with a new one or the refund of the price paid for it. The repair and/or replacement of the defective product will be free for you. This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.

In the event of a defective product, Insulcloud will proceed, as appropriate, to the replacement, price reduction or termination of the contract, steps that will be free for you.

Withdrawal

Law confers on the CLIENT the right to revocation or withdrawal of the order requested within a period of 14 calendar days from when you or a third party indicated by you, other than the carrier, acquired material possession of the goods, prior communication with Insulcloud (by email addressed to info@insulcloud.com or by using the Contact section of our website), with refund of the price you would have paid for the product. The return of the product will be exercised without penalties so that Insulcloud will proceed to refund the total amount of the purchase not including shipping costs.

In order to make the return due to withdrawal, the product must be complete, in perfect condition and must be returned properly packed in the packaging in which it was sent or, if the first option is not possible, in a packaging of similar conditions. A copy of the delivery note must be included in the package and the Withdrawal Form, which appears as ANNEX 1, duly completed or make another type of unequivocal statement indicating your decision to withdraw from the contract.

This right of withdrawal will not apply to those products purchased through the insulcloud.com portal that, in accordance with the regulations on the matter, because they are personalized products or that for hygiene reasons or other legally foreseen exceptions are not susceptible of withdrawal.

To exercise the right of withdrawal, you must notify INSULCLOUD, Calle Bravo Murillo 101, 1ª, 28020 Madrid (Spain), or by sending an email to info@insulcloud.com or by using the Contact section of our website your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax, or email). You can use the Model Withdrawal Form although its use is not mandatory, being able to use another document in which you include the information requested in the Withdrawal Form.

To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.

You must return or deliver the goods directly to INSULCLOUD, Calle Bravo Murillo 101, 1ª, 28020 Madrid (Spain), without any undue delay and, in any case, no later than 15 calendar days from the date in which you inform us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired.

The costs of returning the goods due to withdrawal will be borne by the CUSTOMER / USER. You will be responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods, as described in ANNEX 2 of this document.

In the event that you exercise your Right of Withdrawal, Insulcloud will return all payments received from you, not including shipping costs, (with the exception of additional expenses resulting from your choice of a delivery method other than the less expensive mode of ordinary delivery than offer) without any undue delay and, in any case, no later than 15 calendar days from the date on which we are informed of your decision to withdraw from this contract, once we have received the goods, verified that the status of the Product returned and verified that it is in perfect condition and has been sent in the conditions expressed above. We will proceed to make the reimbursement using the means that we agree with you; In any case, this will not entail any expense for you as a result of the reimbursement.

Intellectual Property Rights

Insulclock® all rights reserved. The content of this website, including but not limited to texts, imagines, pictures, draws, designs, logotypes, graphics, brands, icons, combinations of colors or other elements, its structure and design, the selection and the way of presenting the materials included in said website and software, links and other audiovisual and sound content, as well as its graphic design and necessary source code for its functioning, access and use, are protected under Intellectual Property Rights, owned by Insulcloud or thirds, without understanding that the rights of exploitation over them are transferred beyond what is strictly necessary for the correct use this website.

In particular, reproduction, transformation, distribution, public communication, making available to the public and, in general, any other form of exploitation of some or all contents of this website, as well as their design and selection or way of presentation of the materials included in said website, are forbidden regardless of the procedure used for it. These acts can only be carried out if you have the express authorization of Insulcloud and provided that reference is made to the ownership of this person of the indicated Intellectual and Industrial Property rights.

It is also forbidden to decompile, disassemble, reverse engineer, sublicense or transmit in any way, translate or make derivative works of computer programs necessary for the operation, access and use of this website and the services contained therein, as well as perform, with respect to all or part of such programs, any of the acts of exploitation described in the previous paragraph. When you are using this website, you are prohibited from altering, evading or manipulating any protection device or security systems that may be installed in it.

Brands, trade names or distinctive signs are the property of Insulcloud or third parties, without it being understood that access to the website attributes any rights over the aforementioned trademarks, trade names and / or distinctive signs.

Hyperlinks

Links contained in or contained in this website may lead you to other sites and web pages that are managed by third parties, about which Insulcloud has no control whatsoever. Insulcloud is not responsible for the contents or the status of those sites and/or web pages, and access to them through this website does not imply that Insulcloud recommends or approves their contents. We recommend that you carefully read the Legal Notices, the Conditions of Use, the Privacy Policy and the Cookies Policy of each of these websites.

In the event that you may be aware that links to websites whose services or content are illegal, harmful, degrading, violent or contrary to morality, please contact us by sending an email to info@insulcloud.com including your personal data (consult our Privacy Policy) and a description of the facts or situations that may be considered illicit or inadequate.

Liability exclusion

When you use this website, you do it at your own risk. Insulcloud is not responsible for other content that can be accessed through it or for errors or omissions that may suffer the contents of this. Insulcloud nor does it respond for any action taken based on the information provided therein or for damages that may be caused by the use of this website. We give you information without warranty of any kind, neither implicit nor explicit, which may be modified at any time.

Insulcloud does not certify the absence of viruses or other harmful computer elements that may cause damage or alterations to the computer system, electronic documents or files of this website. Thus, Insulcloud does not answer for the damages that such elements could cause to you or to third parties. Likewise, Insulcloud is not responsible or guarantees the availability and continuity in access to this website or that it is free of errors, corresponding to you, in any case, the obligation to have adequate tools for the detection and disinfection of harmful or harmful programs.

You will be liable for damages of any kind that Insulcloud may suffer as a consequence of breach of any of the obligations to which it is subject by these conditions. You are aware and voluntarily accept that the use of any content of this website takes place, in any case, under your sole and exclusive responsibility.

The same applies to possible modifications made to products by suppliers. Insulcloud cannot be held liable by you or a third party for indirect damages, operating losses or loss of profits occurred by whatever means, even if the damage, loss or damage had been foreseeable by Insulcloud or if its eventuality had been brought to your attention.

Insulcloud cannot be held responsible for the incorrect operation of any of its products if they are used outside the territorial space of any of the member states of the European Union (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania and Sweden) or outside any of the following countries: Iceland, Norway, Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Montenegro, Serbia, Turkey, Israel, Moldova, Switzerland, Faroe Islands, Ukraine, Tunisia, Georgia, Armenia.

Our product is covered by a 1-year warranty from the date of delivery, covering manufacturing defects. To the extent permitted by law, Insulcloud shall not be liable for losses arising from misuse or non-compliant use of the device and/or Indirect or consequential damages.

Insulcloud cannot be held responsible for the non-delivery of the products in the event of force majeure, interruption of activity or total or partial strike, especially of postal services and means of transport or communications, floods or fire.

Although all possible measures are taken to ensure that they correspond to the original products in terms of color, design and style, the photographs may not correspond exactly. Therefore, Insulcloud will not be responsible for inaccuracies that occur in the photographs or graphic representations of the products displayed on this website.

In case of controversy, you may go, first and before resorting to the litigation, to Insulcloud to reach an amicable resolution.

Nothing in these Terms limits your statutory rights as a consumer.

Nullity

In the event that any of the clauses of this Legal Notice and Terms of Use is declared null, the other clauses will remain in force and will be interpreted taking into account the purpose of this Legal Notice and Terms of Use.

Insulcloud may not exercise any of the rights and powers conferred in this document, which does not imply any waiver of the same unless expressly acknowledged by Insulcloud or prescription of the action that in each case corresponds.

Modification of this Legal Notice and Terms of Use

Insulcloud reserves the right to modify, at any time, the presentation and configuration of this website. For this reason, Insulcloud recommends that you read them carefully each time you access the website.

You will always have this Legal Notice and Terms of Uses in a visible place, freely accessible for all queries you want to make. In any case, the acceptance of the provisions contained in this Legal Notice and Conditions of Uses and our Privacy Policy will be a preliminary and indispensable step to carry out any procedure available on this website.

Jurisdiction and Applicable Law

All the provisions of the present Legal Notice and Terms of Use will be governed or interpreted according to the Spanish legislation in force at any time in what is not expressly established. You and Insulcloud, agree to submit any dispute that may arise with respect to the provisions of this Legal Notice and Terms of Use, to the Courts and Tribunals of your domicile.

In the event that you have your domicile outside of Spain, you and Insulcloud expressly waive any other forum, submitting to the Courts and Tribunals of the city of Madrid (Spain). In the event that the dispute between you and Insulcloud erases from the purchased of some of the goods offered by our website, you and Insulcloud expressly waive any other forum, submitting to the Courts and Tribunals of Dublin (Ireland).

ANNEXES