AviyanLabs LLC, a Wyoming limited liability company at 30 N Gould St, Ste N, Sheridan, WY, United States (“AviyanLabs”, “we”, “us”), runs the GlucIQ mobile application, listed in the stores as “GluciQ: Diabetes Food Scanner” (the “App”), the website at gluciq.com (the “Website”), and the related services, documentation and support channels (together, the “Services”).
By creating an account, downloading the App, or using the Services you agree to these Terms. If you do not agree, do not use the Services. The Privacy Policy, the Subscription Terms, the Cookie Policy, the Medical Device Position, and the Accessibility Statement form part of these Terms.
Who may use the Services
You must be at least 16 years old and legally able to enter into this agreement. If you use the Services on behalf of an organization, you confirm you may bind it. You are responsible for the accuracy of the information you enter and for keeping your credentials and device secure. One account is for one person, so do not share credentials.
GlucIQ is a consumer tool. It is not designed for clinical or emergency use, for healthcare organizations, or as a system of record for regulated care.
License to use the App and the Website
We grant you a limited, worldwide, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, as permitted by the rules of the app store you obtained it from, and to access the Website for your personal, non-commercial use. We reserve all rights not expressly granted.
You must not:
- copy, modify, translate, or create derivative works of the App or the Website, except where the law permits;
- reverse engineer or decompile the App, or attempt to derive its source code, models, or algorithms, except to the extent this restriction is prohibited by law;
- rent, lease, sublicense, sell, resell, distribute, or make the Services available to a third party, or use them to provide a service to others;
- remove or obscure notices of ownership;
- access the Services by automated means to extract data, train a model, build a competing dataset, or benchmark at scale, without our written permission;
- interfere with the security, integrity, or availability of the Services, or attempt to access data of another account;
- enter data you are not authorized to enter, including another person’s medical records;
- use the Services to provide medical advice or medical services to others, or to represent an estimate produced by the App as a clinical instruction;
- use the Services in a way that breaks the law, including laws about medical devices, advertising, or personal data; or
- use location features, if we ever offer them, to target advertising to people near health facilities. We do not do this, and nothing in these Terms permits it.
Your content
You keep all rights to the content you create in the App: meal photos, notes, records, and corrections (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, store, transmit, process, display to you, and create derived estimates from Your Content, solely to operate, secure, support and improve the Services for you in the way this agreement and the Privacy Policy describe.
This license does not allow us to publish Your Content, to sell it, or to use it to train our own models. It ends when you delete Your Content or your account, except for the limited retention described in the Privacy Policy and for backup rotation.
You confirm that you have the right to provide Your Content, that it does not infringe anyone else’s rights, and that where a photo includes another person you have their permission.
We may use any feedback you send voluntarily without restriction, and we owe you nothing for it.
Subscriptions, purchases and cancellation
Purchases of App features are sold as auto-renewing subscriptions through the app store you installed the App from. Apple and Google process the payment; we never receive your card details.
The price, the billing period, the free trial length where offered, and the renewal terms that apply to you are shown on the purchase screen in the App and in the store listing before you confirm the purchase, in your local currency and including taxes where the store applies them. That disclosure, together with the store’s own terms, governs your purchase. The Subscription Terms explain the mechanism and your cancellation options.
Cancellation is performed in your store account, not by deleting the App or your GlucIQ account. Deleting your account does not cancel a subscription.
We may change prices or stop offering a plan. A price change never applies to a period you have already paid for, and it applies to a renewal only where the store rules allow it and the store has notified you in advance.
Connected third-party services
You may connect a continuous glucose monitor, a pump platform, an identity provider, or a store account. Each connection is governed by that provider’s terms, and you must have the right to use the credentials you supply. We import data on your instruction.
We are independent of those providers. We do not control them, we do not guarantee their availability, and we are not responsible for the readings, estimates, or outputs they produce or for any decision you take on the strength of them. Disputes about a provider’s device, sensor, or service are between you and that provider. Their names are used only to identify the service you asked us to connect, and GlucIQ is not affiliated with, endorsed by, or sponsored by any of them.
If a provider changes or withdraws its interface, the connection may stop working. Disconnecting a provider stops future imports.
The App may include open-source components. Those components are licensed under their own terms, and where their terms require attribution, the attribution is included in the App or the documentation.
Availability, changes and beta features
We may add, change, suspend or remove features. We may release features identified as beta, preview or experimental; those may change or be withdrawn without notice and may be less reliable. We may suspend the Services for maintenance, security, or legal reasons. We do not guarantee that any feature, integration, or content will remain available, or that operation will be uninterrupted and error-free.
Where we discontinue the Services entirely, we will give account holders reasonable advance notice by email or in the App and a period to export their records.
Safety, medical limits and your responsibilities
GlucIQ holds no regulatory clearance in any market and makes no diagnostic, therapeutic, or dosing claim. It does not provide medical advice, diagnosis, treatment, or insulin dosing recommendations, and it does not prescribe, adjust therapy, or control a pump or any other device. It does not measure glucose: readings come from what you enter or from a provider you connect. Confirm every decision with your clinician. The Medical Device Position sets out where the app stops and a medical device begins.
GlucIQ does not diagnose, treat, cure, or prevent diabetes, and no page or listing may say that it does.
Every number the App produces is an estimate for review, including nutrition estimates, carbohydrate totals, time-in-range statistics and calculation outputs. Confirm every insulin decision with your clinician or your own plan, and never dose from an App estimate alone. Sensor accuracy is the manufacturer’s responsibility, so raise a question about a sensor reading with that manufacturer. Do not delay seeking medical help because of something the App displayed, and do not use the App as your only record in an emergency or when traveling. Keep your own clinical records where your care team requires them.
If you have type 1 diabetes, or you use insulin, or you are pregnant, or you care for someone who does, you need clinical guidance outside the App. In an emergency, contact your local emergency number: 999 or 998 in the United Arab Emirates, 112 in the European Union and the United Kingdom, 911 in the United States.
Intellectual property
The Services, the GlucIQ and GluciQ names, the logo, the interface, the documentation, and the underlying software are owned by AviyanLabs LLC or its licensors and are protected by copyright, trademark and other laws. Except for the license in these Terms, nothing transfers to you.
Term, suspension and termination
You may stop using the Services at any time and delete your account in the App or through the Account & Data Deletion page. We may suspend or terminate your access if you materially breach these Terms, if we must comply with law, if we must protect other users or the Services, or if your account is used fraudulently. Where the breach is capable of cure, we give you notice and a reasonable period to cure it, except where suspension must be immediate for security or legal reasons.
Sections that by their nature should survive termination do survive. They include the license restrictions, the intellectual property and disclaimer sections, and the liability, indemnity, and governing-law provisions.
Disclaimers
Your mandatory consumer rights come first. To the maximum extent permitted by law, and subject to those rights, the Services are provided “as is” and “as available”, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that estimates are accurate, that the App will meet your requirements, that data will never be lost, or that the Services will be free of errors or interruptions.
We do not exclude or limit any warranty or right you have under mandatory law in your country of residence, including your statutory rights in the European Union and the United Kingdom. Those rights stand. Nor do we exclude liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded.
Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, loss of goodwill, or the cost of substitute services, arising out of or related to your use of the Services.
Our total aggregate liability for all claims relating to the Services is limited to the greater of (a) the amount you paid us for the Services in the 12 months before the event that gave rise to the claim, or (b) USD 50.
This section does not limit liability that cannot be limited under applicable law. If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction that grants you mandatory protections, nothing in these Terms reduces those protections, and the mandatory law of your country of residence applies where it conflicts with this section.
Indemnity
You will indemnify and hold harmless AviyanLabs LLC and its officers, employees, and contractors from claims, damages, liabilities and reasonable costs arising from (a) your breach of these Terms, (b) Your Content, including a claim that it infringes someone else’s rights, or (c) your misuse of the Services, including using an estimate as a clinical instruction. This does not apply to the extent a claim results from our own breach, negligence, or willful misconduct.
Governing law and disputes
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-law rules, and the courts located in Sheridan County, Wyoming have exclusive jurisdiction, except as the consumer and arbitration paragraphs in this section provide.
Consumers in the EEA, the UK, or the UAE. You keep the protection of the mandatory consumer law of your country of residence and may bring proceedings there. We may bring proceedings against you in your country of residence or in Wyoming. If mandatory local law gives you a right to a statutory dispute process, that right is unaffected.
Informal resolution first. Before filing a claim, write to support@gluciq.com with a description of the dispute and your requested outcome. We will try to resolve it within 30 days. This step does not suspend any limitation period and does not prevent either side from going to court where a mandatory right requires it.
US users, arbitration and class-action waiver. For users resident in the United States, disputes that are not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Sheridan County, Wyoming, on an individual basis. You and we each waive the right to a jury trial and the right to bring or participate in a class or representative action to the extent permitted by law. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@gluciq.com with the subject “Arbitration opt-out” and your account email. If you opt out, the courts in Sheridan County, Wyoming, apply. Claims that may be brought in small claims court, and claims for injunctive relief for intellectual property infringement, are not subject to arbitration.
Changes to these Terms
We may revise these Terms. If a revision materially changes your rights or obligations, we notify account holders by email or in the App at least 30 days before it takes effect. Continuing to use the Services after the effective date means you accept the revision. If you do not accept it, stop using the Services and delete your account.
General
These Terms are the entire agreement between you and us about the Services and replace prior statements. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor in a merger, acquisition, or transfer of assets, provided the successor honors them. Notices to you go to the email address on your account or through the App; notices to us go to support@gluciq.com. The English version of these Terms governs; translations are provided for convenience.
App store terms
Apple. These Terms are between you and AviyanLabs LLC only, not with Apple. Apple is not responsible for the App or its content. The license granted to you is limited to a non-transferable license to use the App on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, where applicable; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. AviyanLabs, not Apple, is responsible for addressing claims relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar law. AviyanLabs, not Apple, is responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or your use of it infringes that third party’s intellectual property rights. You confirm that you are not located in a country subject to a US government embargo or designated as a terrorist-supporting country, and that you are not on a US government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Google. If you installed the App from Google Play, you confirm that Google’s terms, including the Google Play Terms of Service and the Google Play Business and Program Policies, apply to your use of the store and to purchases made through it. Purchases are processed by Google; refunds and cancellations are handled under Google’s policies, and the App describes how to reach the relevant store settings.
Contact
AviyanLabs LLC, 30 N Gould St, Ste N, Sheridan, WY, United States. Questions about these Terms: support@gluciq.com.