THESE PRODUCTS AND SERVICES TERMS AND CONDITIONS OF USE ARE EFFECTIVE AS OF 31 October 2024 AND REPLACE THE PRIOR TERMS AND CONDITIONS OF USE.
These Products and Services Terms and Conditions of Use are available in English and in other languages and may be viewed on our Website by selecting your country of residence. In the event of any inconsistency between this version in English and a version in any other language, this version in English will prevail to the extent of the inconsistency.
These terms are between Tandem Diabetes Care, Inc. and its Affiliates (collectively, “Tandem,” “we,” or “us”) and you concerning your access to and/or use of the Healthcare Products and Services as defined below.
Where permitted by law, these terms may be enforced by any third party referred to herein. These terms may be rescinded or varied without the consent of any such third party.
By agreeing to these terms, you are representing that you are of the legal age of majority of the country in which you reside and have the legal capacity to enter into these terms.
By accessing or using any Tandem Healthcare Product or Service, you are agreeing to these terms.
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You understand that Tandem is not a healthcare professional and does not provide medical treatment or advice, nor do we verify the accuracy of any User Data. The Healthcare Products and Services are not replacements for proper medical care, and you agree that the Healthcare Product and Services User (or their caregiver as the case may be) is solely responsible for obtaining proper treatment for the User’s conditions. You may provide information and reports received from the Healthcare Products and Services to the Product User’s HCP at your own discretion, understanding that the Technologies are provided without warranty except as expressly set forth in these terms or as otherwise required by law.
In addition to these terms, the following are incorporated into and made a part of these terms: (1) any description located on our Website; (2) our Website Terms and Conditions; (3) Product Labeling; (4) all Tandem and third-party copyright and trademark notices located on our Website; and (5) our Privacy Notice.
Subject to applicable law, Tandem can change these terms by notifying you of such changes by any reasonable means, including by posting a notice of new terms to our Website. Clicking “Accept” to the new terms or your continued use of any Healthcare Product or Service for twenty-eight (28) days without objecting to the new terms, after any such change, is your acceptance of the new terms. Any such changes will not be to your material detriment unless the changes are made (a) to comply with any legal requirements or (b) to address a security, quality, or performance issue. Where such changes will have a material impact on you, we will notify you as far as possible in advance by email if you have registered your email with us. Any such changes will not apply to any Dispute between you and Tandem arising prior to the date on which we notified you of the revised terms incorporating such changes. If you do not agree with the new terms, you have the right to discontinue your use of the Healthcare Product or Service as described in the subsection entitled “Suspension or Termination by You” below.
By purchasing, registering, or using a Healthcare Product or Service, you represent, warrant, and agree that all information you provide to us will be true, accurate, current and complete, and you will only use the Healthcare Product or Service in accordance with these terms, and as applicable, for the personal benefit of the Product User.
Certain Healthcare Products and Services will archive and store the User Data as governed by the Privacy Notice. As a result, the Healthcare Products and Services must be used only with the associated User Account and, as applicable, the associated User Product. Failure to do so may (1) cause the applicable Healthcare Product or Service to perform improperly, or not to perform at all, (2) corrupt the User Data, or (3) cause inaccurate User Data to be associated with the User or cause the User Data to be inaccurately displayed or analyzed.
Misusing a Healthcare Product or Service, improperly accessing it or the information it process and transmits, or taking other unauthorized actions may put the User (or their User Data) at risk, cause the Healthcare Product or Service to malfunction, or otherwise prevent or hinder the proper and intended use of the Healthcare Product or Service. Accordingly, any such misuse is not permitted. Such misuse includes, but is not limited to Jailbreaking a Product or Computing Device.
Healthcare Products and Services may include software, data, or other items licensed to us by third parties. Your use of such third-party items is subject to these terms, except as required otherwise by the applicable licensor. You must comply with the additional license provisions required by vendors of such third-party items posted by us at our Website or which we otherwise provide or make available to you, as they are amended from time to time. The version of such license provisions that is applicable to your use (which is the version of the license in force at the time you use the Healthcare Product or Service to which the license relates) is incorporated into and made a part of these terms.
Any use by you of third-party software or equipment is at your sole risk. To the maximum extent permitted by law, we have no responsibility or liability arising from your use of such of such third-party software or equipment, such as damage to, or problems, inaccuracies, or malfunctions in, the Healthcare Products and Services arising from such use.
You will not, and you will not permit anyone under your control to do, or attempt to do, any of the following:
Suspension or Termination by Tandem
To the extent permitted by applicable law, Tandem may suspend or terminate any Technology or suspend or terminate your right to use any Technology if we reasonably consider your use exposes Tandem to unreasonable legal or operational risk, including if you have, or if we reasonably believe you have, violated these terms, or in connection with any event or legal development beyond our control that hinders our ability to offer any Technology. To the extent reasonable, we will notify you at least twenty-four (24) hours in advance of any such suspension or termination. However, if you materially violate these terms (including any use of Tandem’s resources that exceeds or circumvents Tandem’s reasonable restrictions, such as accesses, calls, or other uses of any application programming interface or server resources that Tandem makes available) we may immediately suspend or terminate your right to use any Tandem Technology. Following such suspension, we will provide you with a period of seven (7) days to remedy your violation of these terms. If you fail to remedy, or there Is a continued violation of these term, it may result in immediate termination of your right to use any Tandem Technology. In addition, except as may be legally required, we have no obligation to support any version of a Healthcare Product or Service once a new version of such Healthcare Product or Service is released.
Suspension or Termination by You
You may terminate your use of any Healthcare Product or Service by ceasing your use of the Healthcare Product or Service. You may terminate your use of any Technology by removing it from your Computing Device using your operating system removal procedures. You are not obligated to continue using any Healthcare Product or Service whether you terminate or not.
Effects of Termination
If your use of a Technology is terminated for any reason, (a) we may retain all of your Personal Information (as defined in the Privacy Notice) associated with your use of a Healthcare Product or Service for which you are registered as long as it is required or permitted by applicable law, (b) your rights to use the Technology will terminate, and (c) Sections entitled Scope of These Terms, Assurances to Tandem, Restrictions on Use of Healthcare Products and Services, Suspension or Termination of Healthcare Products and Services, Disputes and Governing Law, No Warranties, Limitations on Liability, Your Responsibility, Notices, Questions or Complaints, Feedback, Severability, Assignment, Export Restrictions, Minors, Apple-Specific Terms, Relationship, No Third Party Beneficiaries, and Complete Agreement will survive such termination and continue to apply to you and Tandem. If you later re-activate your account, and we have retained your Personal Information, we may re-associate your retained Personal Information with your newly re-activated account if we are able to do so, provided that you provide us with appropriate information enabling us to make the proper association. Notwithstanding the foregoing, if your use of a Technology is terminated for any reason, we may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account, and all associated materials (including Personal Information), without any obligation to provide any further access to such materials.
Tandem Product Availability
In certain geographies, certain Tandem Products require a prescription and may only be used by the person for whom the prescription was issued.
Tandem Product Updates
In Tandem’s sole discretion, we may provide Product Updates to eligible Product Users. Updates may modify or delete certain features and functionality, but will not affect the core functionality of the Tandem Products. You agree that Tandem has no obligation to provide Updates or to continue to provide or enable any particular features or functionality other than core functionality.
In its discretion, Tandem may designate certain Updates as mandatory, and their availability will be reasonably communicated to you. You agree to promptly download and install all Updates designated as mandatory and you acknowledge that the Product or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Product and subject to these terms.
Tandem Technology Availability
Tandem’s Technology may take the form of software applications available for access and/or download at our Website, the Apple App Store, the Google Play store, or other locations we select. The Technology may only be used by residents of those jurisdictions listed on our Website, the Apple App Store, the Google Play store, or the other selected location, as applicable.
The Technology may provide stand-alone functionality, may be used in connection with one or more Products, and/or may be used in connection with other Technologies. Tandem’s Technology may also take the form of software applications that permit the access, collection, storage, processing, analysis and/or transmission of data generated by a Tandem Product or other software app.
Subject to these terms, Tandem grants you a limited, non-exclusive, and nontransferable license to (a) download, install, and use the Technology for your personal, non-commercial use on your Computing Device strictly in accordance with the Technology’s documentation or Product Labeling, where applicable; (b) access, download, and use on such Computing Device, the Content made available in or otherwise accessible through the Technology, strictly in accordance with these terms; and (c) where appropriate, download, install, use, and/or update (via the Technology) the Product for your personal, non-commercial use strictly in accordance with the Product Labeling and these terms.
You shall not (a) copy the Technology, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Technology; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Technology or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Technology, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Technology, or any features or functionality of the Technology, to any third party for any reason, including by making the Technology available on a network where it is capable of being accessed by more than one device at any time; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Technology.
You acknowledge and agree that the Technology is provided under license, and not sold, to you. You do not acquire any ownership interest in the Technology under these terms, or any other rights thereto other than to use the Technology in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these terms. Tandem, its licensors, and service providers reserve and shall retain their entire right, title, and interest in and to the Technology, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these terms.
The Technology may require the creation of a User Account either on our Website or on a software application. If so, you are required to accurately complete and maintain the applicable User Account which may be a Personal Account, a Professional Account, or a Tandem Source Admin Account.
You are responsible for obtaining, maintaining, and paying for all hardware, software, and telecommunications and other services necessary for use of the Technology, including, but not limited to, properly obtaining and maintaining a compatible operating system, browser software, a suitable internet connection, an appropriate firewall, and virus scanning software.
Your User Account is personal to you and you agree not to provide any other person access to your User Account, your user name, password, or other User Account security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security related to your User Account.
Personal User Accounts
Certain Technologies are intended to help the User manage their (or their minor child’s) condition in accordance with the applicable Product Labeling. Certain Technologies may also permit Users to share User Data with certain third parties. Our collection, storage, and transmission of User Data and any other information that you provide to Tandem through Healthcare Products and Services is governed by the Privacy Notice.
Certain Technologies are intended to allow Users the ability to order certain Products. As the owner of a Personal Account, you must use your own credit card (or a card you are lawfully authorized to use for the benefit of the User), and you must comply with all requirements of the credit card provider. You agree to only acquire and use Tandem Products for personal use by, or on behalf of, the Product User. Tandem Products acquired and used in the manner described above are subject to the warranty and return policy included in the Tandem Product Labeling.
Professional User Accounts
Certain Technologies are intended to allow Product Users to share User Data with authorized HCPs. HCPs using the Technology acknowledge and agree that the Technologies are not substitutes for regular monitoring and medical care. Our collection, storage, and transmission of User Data and any other information that you provide to Tandem through the Tandem Technologies is governed by the Privacy Notice.
Tandem Source Admin User Accounts
In certain geographies, certain Technologies are intended to help the User troubleshoot their Healthcare Products and Services via their authorized distributor. The collection, storage, and transmission of User Data and any other information that you provide through the Tandem Technologies is governed by the Privacy Notice.
Technologies may be interrupted or unavailable, and if they are, you must rely upon direct use of the User Product, as applicable.
In its sole discretion, Tandem may provide Technology Updates. Technology Updates may modify or delete certain features and functionality. You agree that Tandem has no obligation to provide any Technology Updates or to continue to provide or enable any particular features or functionality.
Certain Technology Updates may be required for continued use of or access to the Technology. Based on your Computing Device settings, when your Computing Device is connected to the internet either (a) the Technology will automatically download and install all available Technology Updates; or (b) you may receive notice of or be prompted to download and install available Technology Updates.
You shall promptly download and install all Technology Updates that Tandem designates as mandatory and you acknowledge and agree that the Technology or portions thereof may not properly operate should you fail to do so. You further agree that all Technology Updates will be deemed part of the Technology and be subject to these terms.
When a third-party provider issues an update to Platform Software, Tandem may require additional time to provide a compatible update to the Technology. If you update Platform Software prior to our making available an appropriate update to a Technology, you may no longer be able to use the Technology you have been using, or the Technology may not properly function. We may determine not to provide a compatible update to the Technology. Therefore, before you update Platform Software, you should first check the Website or, if applicable, the location where you originally downloaded the Technology to determine to if the Platform Software is compatible with your current Healthcare Products and Services versions.
Without limiting the provisions of these terms or expanding the scope of Tandem’s responsibilities, Tandem is not responsible for outages or defects in power, telecommunications, Computing Devices, third party software, and any other event outside of Tandem’s direct control.
Alternative provisions on mandatory arbitration apply for residents of Australia and Ireland, can be found in Section 20 of these Terms of Use.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TANDEM, WHETHER BASED IN CONTRACT, TORT, CONSUMER PROTECTION, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT TANDEM AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU FURTHER AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND THAT YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES (CURRENTLY AVAILABLE), AS AMENDED BY THESE TERMS. THE ARBITRATOR WILL CONDUCT HEARINGS, IF ANY, BY TELECONFERENCE OR VIDEOCONFERENCE, RATHER THAN BY PERSONAL APPEARANCES, UNLESS THE ARBITRATOR DETERMINES UPON REQUEST BY YOU OR BY US THAT AN IN-PERSON HEARING IS APPROPRIATE. ANY IN-PERSON APPEARANCES WILL BE HELD AT A MUTUALLY AGREEABLE LOCATION AND IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION, SUCH DETERMINATION SHOULD BE MADE BY THE AAA OR BY THE ARBITRATOR. THE ARBITRATOR’S DECISION WILL FOLLOW THESE TERMS AND WILL BE FINAL AND BINDING. THE ARBITRATOR WILL HAVE AUTHORITY TO AWARD TEMPORARY, INTERIM OR PERMANENT INJUNCTIVE RELIEF OR RELIEF PROVIDING FOR SPECIFIC PERFORMANCE OF THESE TERMS, BUT ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM BEFORE THE ARBITRATOR. THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENFORCED IN ANY COURT HAVING JURISDICTION. NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THESE TERMS WILL PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE OR LOCAL AGENCIES AND, IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.
Some jurisdictions may not allow for arbitration of certain Disputes in certain circumstances. To the extent you are a resident of such jurisdiction, and this arbitration provision is found to be unenforceable by a court within such jurisdiction in connection with a Dispute between you and Tandem, such Dispute will instead, to the extent permitted by applicable law, be resolved exclusively in the federal and state courts located in the City of San Diego, and the County of San Diego, California, U.S.A., and you and Tandem each waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Except to the extent prohibited by applicable law, these terms are governed by the laws of the State of Delaware, U.S.A., without regard to its principles of conflicts of law and regardless of your location.
In the event of a Dispute arising under, or relating to, these terms, the disputing party must provide the other party with written notice of the Dispute, including the facts giving rise to the Dispute and the relief sought by the disputing party. We will provide such notice by email to your email address. You will provide such notice to Tandem by mail or overnight delivery at the following address: General Counsel, 12400 High Bluff Dr., #100, San Diego, CA 92130, U.S.A.
Any violation of a party’s intellectual or industrial property rights will cause the non-violating party irreparable harm for which monetary damages are an inadequate remedy, and the non-violating party is entitled to temporary, preliminary, and permanent injunctive relief and specific performance without the posting of bond or other security, or if required, the minimum bond or security required.
Alternative provisions on warranties apply for Australia, Ireland and the UK and can be found in Section 20 of these Terms of Use.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE APPLICABLE PRODUCT’S LABELING, THE HEALTHCARE PRODUCTS AND SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE THE HEALTHCARE PRODUCTS AND SERVICES AT YOUR OWN RISK.
EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, TANDEM DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT. TANDEM DISCLAIMS, AND THESE TERMS DO NOT INCLUDE, THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, THE UNIFORM COMMERCIAL CODE, THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND ANY OTHER PROVISIONS IMPLIED INTO THESE TERMS IF NOT DISCLAIMED.
EXCEPT TO THE EXTENT PERMISSIBLE BY LAW, TANDEM DOES NOT MAKE ANY WARRANTIES THAT THE HEALTHCARE PRODUCTS OR SERVICES OR ANY DATA OR REPORTS PROVIDED BY TANDEM, WILL MEET YOUR REQUIREMENTS, BE RETRIEVABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.
EXCEPT TO THE EXTENT PERMISSIBLE BY LAW, TANDEM DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HEALTHCARE PRODUCTS OR SERVICES.
TANDEM DOES NOT WARRANT ANY THIRD-PARTY DEVICE, MOBILE DEVICE, SOFTWARE, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH ANY HEALTHCARE PRODUCT OR SERVICE, WHETHER OR NOT SUCH THIRD-PARTY ITEM IS DESCRIBED IN, OR AVAILABLE OR CAN BE CONNECTED TO THROUGH, ANY HEALTHCARE PRODUCT OR SERVICE.
EXCEPT TO THE EXTENT PERMISSIBLE BY LAW, NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH TANDEM OR THE HEALTHCARE PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY, EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THE APPLICABLE PRODUCT’S LABELING. THIS DOES NOT APPLY TO YOUR RIGHTS WITH RESPECT TO DEFECTIVE FOR FAULTY TANDEM PRODUCTS.
EXCEPT AS EXPRESSLY PROVIDED, TANDEM DOES NOT WARRANT THE ACCURACY OF ANY HEALTHCARE PRODUCT OR SERVICE, AND THE USER DATA UPLOADED FROM ANY HEALTHCARE PRODUCT OR SERVICE AND RECEIVED BY TANDEM IS PROVIDED TO THE USER “AS-IS.” TANDEM DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR THE HEALTHCARE PRODUCTS AND SERVICES.
EXCEPT AS INCLUDED IN ANY PRODUCT LABELING, AND WITHOUT LIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HEALTHCARE PRODUCTS OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.
Alternative provisions on limitation of liability apply to Australia and the UK and are found in Section 20 of these Terms of Use.
SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TANDEM’S AFFILIATES, LICENSORS, SUPPLIERS AND OTHER THIRD PARTIES WITH WHICH TANDEM HAS A CONTRACTUAL RELATIONSHIP (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS) HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR RELATING TO THE HEALTHCARE PRODUCTS AND SERVICES, OR THESE TERMS, WHETHER FOR DIRECT OR ANY OTHER TYPE OF DAMAGES WHATSOEVER.
SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NEITHER TANDEM, ITS AFFILIATES, NOR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS (COLLECTIVELY, “TANDEM PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE HEALTHCARE PRODUCTS OR SERVICES.
SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE TANDEM PARTIES SHALL BE LIABLE FOR ANY CONSEQUENTIAL, UNFORESEEABLE, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION WHETHER THE CLAIM OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF TANDEM, ITS AFFILIATES OR A PERSON AFFILIATED WITH EITHER OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES EXCLUDED IN THIS SECTION, AND EVEN IF SUCH EXCLUSIONS CAUSE THESE TERMS OR ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE TANDEM PARTIES SHALL BE LIABLE FOR TOTAL DAMAGES FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, THE HEALTHCARE PRODUCTS OR SERVICES IN AN AGGREGATE AMOUNT GREATER THAN $500 U.S. DOLLARS.
SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, EXCEPT TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE TANDEM PARTIES SHALL BE LIABLE FOR THE ACTIONS OR OMISSIONS OF A USER OR ANY THIRD PARTY.
SUBJECT TO THE LAST PARAGRAPH OF THIS SECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW, AND THESE TERMS WILL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH SUCH APPLICABLE LAW.
Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) death or personal injury resulting directly from willful or negligent act(s) or omission by Tandem or any of its employees or agents; (b) any fraudulent misrepresentation on the part of Tandem; or (c) any breach of an essential contractual duty.
The following provisions do not apply to the UK. The applicable provisions may be found in Section 20 of these Terms of Use.
Except to the extent prohibited under applicable law, you will be responsible for all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) of Tandem, our Affiliates, licensors, suppliers and other contract relationships (including the officers, directors, employees, consultants, and agents of each) that such parties may incur as a result of or arising from (1) any information you submit, post or transmit through any Technology, (2) your use of the Healthcare Products and Services, (3) your violation of these terms, or (4) your violation of any rights of any other person or entity.
Except as expressly provided elsewhere in these terms, we will provide any notice under these terms by email to your email address. You will provide any notice under this Agreement these terms to Tandem by mail or overnight delivery at the following address: ATTN: General Counsel, 12400 High Bluff Dr., #100, San Diego, CA 92130, U.S.A.
If you have a question or complaint regarding a Tandem Healthcare Product or Service, and you are outside of the United States and Canada, please contact the third-party distributor from which you purchased your Tandem Product. If you live in the United States, Contact Us. Please note that e-mail communications will not necessarily be secure. Accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You may provide Feedback to us and, in doing so, you grant to us the worldwide, nonexclusive, unrestricted, perpetual, irrevocable (on any basis whatsoever), royalty free right for us to use such Feedback in any way we determine, including through third parties, without any obligation to you for compensation, attribution, accounting, or otherwise. You will only provide to us Feedback for which you have the right to grant to us the rights listed in the preceding sentence.
In the event that any court holds any provision of these terms to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of these terms will remain in full force and effect and enforceable according to their terms.
We may assign these terms in whole or in part at any time without notice (except to the extent such notice is mandatory under applicable law, in which case such notice may be made via a posting to our Website) provided we reasonably believe the assignee has the ability to perform the assigned obligations. You may not assign your rights in these terms with respect to your use of the Healthcare Products or Services.
The Technology is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Technology as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractor.
The Healthcare Products and Services may be subject to US export control laws, or other export control laws including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Healthcare Products or Services to, or make the Healthcare Products and Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Healthcare Products and Services available outside the US.
In addition to the foregoing, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of any Tandem Technology compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these terms and does not own and is not responsible for any Tandem Technology. Apple is not providing any warranty for any Tandem Technology except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for any Tandem Technology and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to any Tandem Technology, including any third-party product liability claims, claims that any Tandem Technology fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of any Tandem Technology, including those pertaining to intellectual property rights, must be directed to us in accordance with the section titled “Notices; Questions or Complaints; Feedback.” The license you have been granted under the applicable End User License Agreement is limited to a non-transferable license to use a Tandem Technology on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Use. In addition, you must comply with the terms of any third-party agreement applicable to you when using any Tandem Technology, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these terms and, upon your acceptance of these terms, will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these terms is not subject to the consent of any third party.
Our relationship with you is as an independent contractor, and nothing in these terms creates an agency or partnership. Except for Tandem’s Licensors, Apple and Apple’s subsidiaries, there are no third-party beneficiaries to these terms.
These terms are the complete and final agreement between the parties relating to the matters herein and may only be modified as described in these terms. Tandem’s failure to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. The section titles in these terms are for convenience only and have no legal or contractual effect. In the event of a conflict between these terms and any other terms, these terms shall govern.
The following terms are country-specific and apply in addition to, or instead of the specified clauses of this Agreement when application of these local laws is mandatory.
Section 8. The Mandatory Arbitration provisions of Section 8 do not apply to residents of Australia. All other provisions of Section 8 remain in effect.
Section 9. The No Warranty provisions of Section 9 do not apply to residents of Australia. Instead:
NOTICE FOR AUSTRALIAN CUSTOMERS: OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. FOR MAJOR FAILURES WITH THE SERVICE, YOU ARE ENTITLED:
YOU ARE ALSO ENTITLED TO CHOOSE A REFUND OR REPLACEMENT FOR MAJOR FAILURES WITH GOODS. IF A FAILURE WITH THE GOODS OR A SERVICE DOES NOT AMOUNT TO A MAJOR FAILURE, YOU ARE ENTITLED TO HAVE THE FAILURE RECTIFIED IN A REASONABLE TIME. IF THIS IS NOT DONE YOU ARE ENTITLED TO A REFUND FOR THE GOODS AND TO CANCEL THE CONTRACT FOR THE SERVICE AND OBTAIN A REFUND OF ANY UNUSED PORTION. YOU ARE ALSO ENTITLED TO BE COMPENSATED FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE FROM A FAILURE IN THE GOODS OR SERVICE.
(a) If applicable legislation provides that there is a guarantee in relation to any good or service supplied by Tandem in connection with these terms and Tandem’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then the paragraphs 1 and 2 of Section 9 (No Warranties) do not apply to that liability and instead Tandem’s liability for such failure is limited to (at Tandem’s election)
Section 8. The Mandatory Arbitration provisions of Section 8 shall only apply to Disputes greater than € 5,000 and the costs of arbitration shall be borne by Tandem and as otherwise permitted by law. All other provisions of Section 8 remain in effect.
Section 9. NOT WITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE IRISH LAW IN RELATION TO IMPLIED TERMS THAT THE HEALTHCARE PRODUCTS ARE FIT FOR PURPOSE AND OF MERCHANTABLE QUALITY. THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY. ADVICE ABOUT YOUR RIGHTS IS AVAILABLE FROM YOUR CONSUMER SUPPORT ORGANISATIONS IN YOUR COUNTRY.
Section 9. NOT WITHSTANDING THE REMAINDER OF THE NO WARRANTIES PROVISIONS, YOU MAY HAVE LEGAL RIGHTS UNDER APPLICABLE UK LAW IN RELATION TO THE HEALTHCARE PRODUCTS AND SERVICES (WHERE FOR EXAMPLE THE PRODUCT OR TECHNOLOGY IS FAULTY OR NOT AS DESCRIBED, OR IS NOT OF SATISFACTORY QUALITY OR FIT FOR ITS INTENDED PURPOSE). THESE TERMS WILL NOT AFFECT THOSE RIGHTS IF THEY APPLY. ADVICE ABOUT YOUR RIGHTS IS AVAILABLE FROM YOUR CONSUMER SUPPORT ORGANISATIONS IN THE COUNTRY OF YOUR RESIDENCE.
Section 10. NOTWITHSTANDING THE REMAINDER OF THE LIMITATIONS OF LIABILITY PROVISIONS, YOU MAY BE ABLE TO CLAIM FOR DIRECT LOSS AND FOR LOSSES THAT WOULD ORDINARILY FLOW FROM ANY SPECIAL CIRCUMSTANCES UNDERWHICH THE CONTRACT WAS MADE AND WHERE YOU COMMUNICATED THOSE SPECIAL CIRCUMSTANCES TO TANDEM.
Nothing in this Section is intended to limit or exclude liability where such liability is mandatory under applicable law and arises from the following: (a) death or personal injury resulting directly from willful or negligent act(s) or omission by Tandem or any of its employees or agents; (b) any fraudulent misrepresentation on the part of Tandem; (c) Section 12 of The Sale of Goods Act 1979; or (d) any term which cannot be excluded by virtue of sections 31, 47 and 57 of the Consumer Rights Act 2015.