Terms of Use

Last updated April 26, 2021

Sync Technologies SA, an information technology services company, incorporated under the laws of Greece, having its registered seat at 92-94 Agnoston Iroon Str., 14231 Nea Ionia, Attica, Greece, with Tax Identification Number  801448525 and General Commercial Registry Number 157070201000 (hereinafter “Sync”, “we”, “us”, “our”) created the mobile Sync Application (hereinafter the “Sync App”) and any information or data (e.g. inter alia documents, files, texts, graphics) contained therein (hereinafter the “Content”) and is responsible for its control, management and operation. 

The use of the Sync App and its Content is subject to the present terms of use (hereinafter "Terms of Use"), as these are each time in force, which constitute a legally enforceable agreement about its use between Sync, that controls, manages and is responsible for the operation of the Sync App, and each person that uses it (hereinafter “the User”, “the Users”, “you”, “your”). You accept the Terms of Use and enter into a binding agreement with Sync, when you check the boxes at the end of this document under the section “User’s Declarations” and click the “Submit” button. The access in any way to the Sync App and the use thereof (inclusive of its simple browsing) indicates the unconditional acceptance by the User of the Terms of Use, as these are each time in force. 

The Privacy Policy of the Sync App constitutes an integral part of the Terms of Use. The User must accept the Privacy Policy as well by checking the boxes at the end of the Privacy Policy under the section “User’s Declarations” and click the “Submit” button.

Modification of the Terms of Use

Sync reserves the right to change from time to time the Terms of Use, as well as any other rule governing the operation of the Sync App, at its own absolute discretion, by notifying each time any amendment through an announcement within the Sync App. The last update shall be cited in the Terms of Use. By continuing to use the Sync App after such notice it means that the User accepts these changes. The use of the Sync App is subject to the Terms of Use as these are in force at the time of use. The User must periodically check the Terms of Use, in order to be informed of their content and he/she is totally responsible for such update.

Specific terms of use

In case the use of any service of the Sync App is regulated by more specific terms of use, such terms are considered an integral part of the present Terms of Use. However, in case of a conflict, the more specific terms of use of each service shall prevail.

Use of the Sync App 

Users

By accepting the Terms of Use, the User declares to be an adult over the age of 18 years old. Those exercising parental care of children must protect minors from access to adult content, otherwise they should be held exclusively liable. Sync bears no liability for any access through the internet to information and services that are contrary to law, accepted principles of morality or are inappropriate or unfit for certain categories of persons, especially minors.  

Part of the Sync Program 

The Sync App is part of the Sync Program, which consists of the following steps:

Sync App used in connection with CGM sensors

  1. The User joins the waitlist by completing the form available at www.sync.app
  2. Once approved, the User receives an confirmative email and can purchase a Sync kit that comes with 2 Freestyle Libre CGM sensors manufactured by Abbott Laboratories (for 28 calendar days) and download the Sync App offered for free by clicking on the provided link.
  3. The sensor is shipped and the User activates it in the Sync App.
  4. The User enjoys Sync experience and learns more about metabolic health as a participant in the Sync Program.

The User must participate at the Sync Program to be able to use the Sync App. For more information on the Sync Program, please refer to www.sync.app

Sync App used in connection with other wearables/applications

The User can download the Sync App for free and use it in connection with the following wearables/applications already owned and used by the User: Apple watches, Oura rings, Fitbit, Garmin, Withings scale, Whoop, Levels, Nutrisense, Strava, MyFitnessPal, Lifesum and Cronometer.

How does the Sync App work

CGM Sensors

As part of the Sync Program, the Sync App connects and enables access to the purchased CGM (Continuous Glucose Monitor) sensors, included in the Sync Program, that are worn on the back of your arm and constantly measure your blood glucose real time. 

When you swipe the Sync App over the CGM sensor, the Sync App automatically reads and records your blood glucose levels (health data) based on the User’s provided consent, which remain accessible to the User at any time.  

Other Wearables/Applications

As part of the Sync Program, the User may use the Sync App in connection with other wearables/applications.  When the User swipes the Sync App over other wearables already owned by the User or permits Sync to access the content of other applications already downloaded and used by the User, the Sync App automatically reads and records the health data stored in these wearables/applications based on the User’s provided consent, thus formatting your own personal health dashboard within the Sync App. 

Personalized insights and recommendations

The User is required to enter into the Sync App certain additional personal data in order to make use of the provided services: 

  1. Profile information: full name, registration information (username and password), email address, country and city of residence, date of birth, height, weight, type of mobile phone used, other wellness brands, products, or software you have used before and
  2. Information about your eating habits: description and pictures of your meals (breakfast, lunch, dinner, intermittent fasting).

The Sync App processes the aforementioned information in conjunction with the health data recorded from the wearables/applications the User decides to connect with the Sync App to unlock and depict how your body reacts to different foods real time based on your health data (blood glucose levels, sleep hours, health rate, physical activity etc.) and recorded meals by generating smart insights about how different foods are impacting you. Based on these insights the Sync App provides you afterwards with personalized recommendations on the right foods and proper daily eating habits for you to achieve maximum health and lifespan and more advanced data interaction and metrics like our Meal Score to make metabolic feedback easy to understand and help you arrive easier at decisions that fits your metabolic health well. 

The User is not obliged to disclose any personal data· however if you decide not to, the use of the Sync App and the participation in the Sync Program cannot be carried out effectively.

Location Availability

The Sync App is currently available only for Users located at the UK, Israel and any EU country. 

Compatible devices, software and hardware

The Sync App requires a near field communication (NFC) enabled mobile device. NFC is used to scan your CGM sensor and/or other wearables and sync the data to your phone for analysis in the Sync App. All iPhone models released since the iPhone 7 are compatible with the Sync program. The majority of new Android phones support NFC, but be sure to double check if you aren't sure. 

In addition, the Sync App only functions properly with the following wearables/applications specifically included in the Sync Program: 

  • Freestyle Libre CGM (Continuous Glucose Monitor) sensor manufactured by Abbott Laboratories 
  • Apple watches
  • Oura rings 
  • Fitbit 
  • Garmin
  • Withings scale
  • Whoop
  • Levels 
  • Nutrisense
  • Strava
  • MyFitnessPal
  • Lifesum 
  • Cronometer.

The list of wearables/applications that are included in the Sync Program and that can be connected to the Sync App may be updated from time to time to add or remove specific wearables/applications. Sync will notify Users on relevant updates of the Terms of Use, but Users are also encouraged to regularly visit the Terms of Use to be informed on the latest amendments.

The User should only use the Sync App with components, software, hardware, accessories or other items that are specifically approved or supplied by Sync to be used with the Sync App. Using any unapproved components, software, hardware, accessories or other items (including unsupported mobile devices, CGM sensors and other wearables/applications) may cause the Sync App to fail, work improperly, measure the crucial parameters inaccurately, or cause a health problem. 

Sync is not liable neither for the malfunction of any components, software, hardware, accessories or other items, other than the Sync App, nor for any malfunction of the Sync App when used in combination with components, software, hardware, accessories or other items not specifically approved or supplied by Sync for this purpose. 

The use of wearables/applications independently from the Sync App is subject to the specific terms of use governing each particular wearable/application. Sync does not control the operation of these wearables/applications and is not liable for their malfunction. 

Observation of all Safety and Instruction Notices

The Sync App is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information, guidance, or other content in the Sync App is for your information purposes only and does not replace your common sense, good judgment, and the advice of your healthcare provider and/or pharmacist. The User shall read and comply with all safety notices and other directions for use that accompany the Sync App.

Personal Data and Privacy Protection

Regarding the processing and protection of your personal data, the User shall read and accept the Privacy Policy that constitutes an integral part of the Terms of Use before starting using the Sync App. The collection and processing of your personal data is necessary for the performance of the agreement you enter into regarding the use of the Sync App by accepting the Terms of Use. The collection and processing of your health data is based on your provided explicit consent. Read more in our Privacy Policy.

Responsibility of Sync for the Content

The Sync App is provided on an "as is" and "as available" basis, without the possibility of amendments or interventions by the User. 

Sync makes all reasonable efforts to provide through the Sync App accurate, complete, reliable, trustworthy and current information. In any case, though, the Users acknowledge and recognize that due to the ongoing services of Sync and the nature of the internet, Sync may not be in a position to exercise at all times full control over entire content of the Sync App. 

In addition, the User understands that the Sync App and its Content are not intended neither to provide medical advice, nor to substitute the professional advice of a doctor or a pharmacist. The Sync App is not a medical device or medical monitoring system and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. It is meant to be used for general health wellness. You should not exclusively rely on the Sync App to monitor any disorder or other medical condition. Always follow the recommendations of your healthcare provider to treat, monitor, or manage any disease, medical condition, or disorder. You should only follow any guidance given in the System after consultation with your healthcare provider. Do not disregard professional medical advice or delay in seeking it because of something you see or access through the System. If you have a medical emergency while using the System, stop using it immediately and consult with a healthcare provider. If you follow any of the guidance or make any changes to your activities, diet, exercise, or anything else based on the information given in the System, you do so at your own risk. It is important to use your common sense and to be sensitive to your body’s responses. For example, if you feel unexpected, repeating or long term pain, fatigue, or discomfort due to having made changes to your activities, you should consult a healthcare provider before continuing with those changes. The information and guidance in the Sync App may be misleading if your physiological functions and responses differ significantly from population averages due to medical conditions or rare natural differences.

If the User deems that the Content or part thereof violates in any way his/her rights or rights of third parties, he/she may send a relevant e-mail to the address support@sync.app, in which he/she should define the Content or part thereof that he/she considers as infringing, as well as the reasons that as per his/her view substantiate the infringement. 

Links to third party websites

The Website may contain specific links (links, hyperlinks, banners) to third party websites other than Sync. The content of these websites is the sole responsibility of their owners. Sync does not warrant the availability and security of such websites and is not responsible neither for their operation, privacy policies, content, the accuracy, legality, completeness, timeliness and accuracy of their information, nor for the quality of the products or services available at them. The referral to other websites is made only for the convenience of the User and in no case creates any form of commitment or guarantee or encouragement or approval of Sync, either for the content or for the quality of the products or services provided at these third party websites.

Copyright and Industrial Property – Grant of License

Proprietary rights 

The Sync App, inclusive of its software, as well as the Content each time contained therein constitutes intellectual property (including copyright) and / or industrial property of Sync and / or its affiliated companies (collectively referred to hereinafter as “Sync”) or as the case may be of its suppliers and / or its assignors and is protected by virtue of the applicable provisions of Greek, E.U. and International laws, treaties and/or other legislative texts on the protection of intellectual (including copyright) and industrial property. Further, the content composition and the arrangement of the content items that each time is contained in the Sync App belong exclusively to Sync or as the case may be to its suppliers or assignors and are protected by the relevant provisions of the Greek, E.U. and International laws, treaties and/or other legislative texts. As per the present no proprietary or other right is granted to the User in or to this Sync App and its Content other than those powers of use expressly set forth in the present Terms of Use. 

Sync, its suppliers and / or its assignors expressly reserve as per the present all their intellectual and industrial property rights in any and all items of this Sync App and its Content, including and not limited to copyright, industrial property rights on trade and service marks, trade names, distinctive marks, software etc.

Grant of license – Limitations of use  

Provided that the User complies with the Terms of Use and the Privacy Policy, Sync grants him/her free of charge a limited, non-exclusive, non-transferrable and non-assignable license to access, load, display in the screen of his/her device the Sync App and its Content and in general use the Sync App for the purpose herein stipulated. In this regard, each User of the Sync App acknowledges and accepts that the Sync App and its Content is intended solely for personal use and not for any commercial purposes. Each User is entitled to download and / or copy and / or store individual part of the Content of the Sync App for strictly personal use and not for commercial purposes, without deleting the indications of its source and provided that the User will protect any and all proprietary rights of Sync from any insult and/or infringement. For any other purpose, these actions would only be permissible with the written consent of the Sync. The access to the Sync App or any of the aforementioned actions will in no event result in the creation of any right, title or legitimate interest in any part that was downloaded and / or copied and / or saved or in the entirety of the Sync App. 

Apart from the above expressly cited permissible uses, the Sync App and its Content may not be reproduced, copied, leased, sold, sub-licensed, assigned, transferred, exported, transmitted, retransmitted or distributed in whole or in part in any way by any User, neither may be loaned or its use be surrendered. Under no circumstances may the Sync App be used for any commercial purposes. The modification, editing, adaptation, translation or otherwise change of the Sync App and its Content, as well as the creation of derivative works or updated versions of the same is expressly forbidden. Likewise, the User may not disassemble, reconstruct or otherwise attempt to retract the source code of the Sync App and reverse engineer (other than to the extent permitted by law). Further, the User may not create and / or publish a database that contains significant sections of the Sync App, without the express prior consent of Sync. 

Based on the above, the User is bound not to create derivative work and work based on the content of the Sync App, not to copy, reproduce, republish, upload, modify, transmit, sell or exploit in any way, in whole or in part the Sync App, its software or the Content, the User may not introduce the same in an index, frame or utilize framing techniques to enclose the Sync App in a website/app, enter a link for direct access from another site/app in its internal information, copy the Sync App to another server by creating image and promise rights towards any third party as of deriving from the Sync App, without the express prior written consent of Sync. 

Besides, the undertaking of any actions aiming at bending or violating the security rules or terms of content use that are stipulated, applied or dictated by any kind of operability, e.g. inter alia the operability for the management of digital rights, included in the Sync App, is inadmissible. The User may not use the Sync App for accessing, copying, transferring, encoding or retransmitting content in violation of any law or rights of Sync or third parties, as well as the User may not remove, conceal or counterfeit the copyright notices, the trademark notices or notices of any kind of other exclusive rights of Sync or third parties that are attached or included or accessed in combination with the Sync App or by means thereof.

The Users may not use the Sync App in any illegal way, for any illegal purpose or in violation of any applicable provisions or regulations of Greek Law on intellectual property and of applicable E.U. and International legal provisions. 

Any use of the Sync App, constituting a violation of the present Terms of Use, is strictly forbidden and will automatically lead to license termination. The license hereby granted can be freely revoked by Sync, without the need of prior notice. 

It is Sync’s standard policy to respect and protect the intellectual property rights of third parties. If the User deems that through the Sync App any proprietary rights of his/her own are being infringed, the User may contact Sync, by sending an email to the address support@sync.app, in which he/she should define the part of the Sync App that the User considers as violating his/her rights, as well as the reasons that as per his/her view substantiate the infringement. 

Users’ Obligations

The Users consent and agree to make lawful use of the Sync App. The Users are indicatively and without limitation bound that in using the Sync App:

  • they will not engage in any conduct that inhibits and/ or makes the smooth and / or legitimate use of the Sync App and its connected tools by other users impossible;
  • they will not act in a way that violates the copyright or the industrial property rights of Sync or third parties;
  • they will not act in any way that would mislead any third party as to the source of the content of the Sync App and/ or would impair in any way the reputation of Sync; 
  • they will not to create or provide ways, as per which access to the Sync App would be possible through other websites/apps or in a manner not authorized by Sync;
  • they will not use electromechanical computer equipment or software or any other method not approved by Sync that will affect the Sync App;
  • they will not install, transmit and / or procure in any way the sending through the Sync App of digital viruses and / or any other kind of harmful or destructive files and / or programs designed to destroy or limit the function of any software or any telecommunication equipment or inhibit other users from using the Sync App;
  • they will not install or transmit in any way on their initiative not expressly approved from Sync advertising material in any form, unsought mail (“spam”) and in general they will not forward any unsolicited information in any way;
  • they will not upload or transmit in any way material and information that they are not entitled to disclose by virtue of legal provisions or private agreements (e.g. confidential information);
  • they will not upload or transmit or use in any way material and/or information and/or photos and/or the image and/or other depiction created by and/or of any third person,  in relation to which i) they have not obtained all necessary consents and/or approvals and/or permissions and/or ii) that they are not entitled to disclose by virtue of either contractual obligations or legal applicable provisions and/or iii) the legal applicable provisions regarding upload or transmission or other use are not fulfilled;
  • they will not engage in any conduct that would infringe upon any rights or the personality and/or the image of third parties and especially in any conduct that would harm the minors in any way; 
  • they will not interfere with or jeopardize the security or harm in any other way the Sync App, its Content, the source codes of the underlying software, the server that the Sync App is hosted and / or any interconnected with the Sync App networks or networks accessible through the Sync App or other websites/apps that are linked to the Sync App;
  • they will not pursue any objective that is impermissible as per the present Terms of Use;
  • they will not engage in activities likely to constitute or to encourage conduct that could qualify as criminal offence, give rise to civil liability or violate in any way any legal provision;
  • they will not publish or transmit any material with content that is menacing, untrue, misleading, offensive, harassing, defamatory, obscene, indecent, scandalous, pornographic, or blasphemous. Sync shall fully cooperate with all law enforcement authorities and will fully comply with any judicial decision, asking or ordering the revelation of the identity of any person publishing or transmitting such kind of information or material; 
  • they will immediately notify Sync as soon as they experience any illegal or prohibited use of the present Sync App by third parties.

The use of any part of the Content in a way other than in the present Terms of Use stipulated is strictly forbidden, without the written consent of Sync. In case of breach of the Terms of Use, Sync shall make use of the legal remedies available by law, inclusive of the legal prosecution. 

Availability and Security 

Availability and Smooth Operation 

Sync makes all reasonable efforts for the maintenance and availability of the Sync App.  However, the Users acknowledge that the internet is not a safe medium and that the availability of the Sync App may be affected by the users’ equipment, other communication networks, third parties’ access services to the internet, the large number of users trying to use the Website simultaneously or other factors. Therefore, to the extent permitted by law, the Users agree that Sync shall have no liability whatsoever for the discontinuance of operation or any failure in the smooth operation of the Website.

The Sync App and Sync are not at all related to the internet access services and the User remains solely responsible for the payment of all relevant charges to the competent providers of such services and for ensuring his access to the internet.

The Users agree and acknowledge that Sync may amend and / or temporarily or permanently discontinue the operation of the entire or of a part of the Sync App with or without notice to the Users. On this basis and to the extent permitted by law, Sync is not at all liable for any damage attributable to the discontinuance of the Sync App or the Sync App’s failure of smooth operation or the inability of Users to access it, the shutdown of all or parts of the Sync App, delay, non-delivery, interruption or poor reception quality of its services or loss of its contents or the existence of any kind of errors. Sync does not warrant that the Sync App will be compatible with the computer, hardware and software of each User.

Maintenance 

In any case, Sync reserves the right at any time to temporarily or permanently shut down all or part of the Sync App for maintenance or upgrade reasons or for any reason, without any further liability. 

Security

Although Sync makes every reasonable effort to protect the Sync App from digital viruses and / or any other harmful or destructive files (or programs) designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment, Sync cannot warrant that the Sync App will never be affected by such factors. Therefore the integrity and preservation of the software systems and equipment of each User is up to his/her own diligence and Sync will not be liable in case that the Users’ electronic equipment (software and hardware) is attacked by viruses and other harmful files, as these are exposed above.

Software available on the Sync App 

Copyright or other rights subsisting in the software available for visiting the Sync App belong to Sync or to its providers/ licensors. For the purpose of accessing information in the Sync App, the User might have to sign license agreements with third party software providers. User’s access to information of the Sync App may depend on whether the User has signed license agreements for this third party software. The use of such third party software is governed by the terms of each end user license agreement contained in the software. Sync is not responsible for arranging such kind of licenses. It is recommended that the User does not install or use software, if he/she has not obtained the relevant license of use. However, if the User proceeds with said actions despite the absence of any license, he assumes the risk to that effect. 

Disclaimer of Warranties

To the extent permitted by applicable law, Sync may neither be bound nor warrant, nor assume any liability with regard to the legality or not of the use of the Sync App by the Users and in relation to the security of the Sync App. Further, Sync does not make any warranty that the Sync App will meet the Users’ requirements or that its use will be uninterrupted, timely, secure and error free. 

Limitations of Liability

To the extent permitted by applicable law, Sync, its associates and assignors shall in no event be liable towards the User or towards any third party for any direct, indirect, positive or consequential damages (including but not limited to lost data or cease of business activities), arising from or related to: (i) the use of the Sync App by a User or any other third party, (ii) losses that were not caused by Sync’s breach of the Terms of Use or that resulted from causes beyond Sync’s reasonable control; (ii) the cost relating to the recovery of data, information or for substitute software, (iii) non authorized access or modification or deletion or loss of the data of any User, (iv) any other issue with regard to the Sync App or its use or (v) any issue arising from any interruption in the use of the Sync App or discontinuance hereof. The material or content obtained through use of the Sync App is at the User’s discretion and risk, thus the User has full responsibility for any damage inflicted on his/her computer system or for any loss of data attributable to the download of such content or material. Foregoing limitations of liability shall not apply to damages caused by Sync’s willful or grossly negligent acts or omissions. 

Violation of the Terms of Use

In any case of breach of the present Terms of Use, the Users shall be obliged to indemnify Sync for any positive damage and/ or lost profits it sustained. Sync’s failure to exercise any right deriving from the present Terms of Use shall not constitute a waiver of such right.

Indemnification

To the extent permitted by applicable law, the User agrees to indemnify, defend and hold Sync, its shareholders, partners, employees and in general Sync’s staff harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or allegedly arising directly or indirectly out of the User’s use of the Sync App, breach of these Terms of Use, or violation of any rights of another. 

Assignment

The User may not assign or transfer his/her rights under these Terms of Use without the prior written consent of Sync. Sync may assign all rights and liabilities under these Terms of Use to a subsidiary, affiliate or successor entity as to all or a substantial part of its business and assets without the Users’ consent. 

Termination

Sync reserves its right to terminate the agreement that it concludes as per the present with each User without obligation for compensation and without any further liability immediately and without notice, if the User violates the Terms of Use or part hereof or Sync cannot verify the information the User provided during the use of the Sync App. 

Entire Agreement - Severability

These Terms of Use, along with any other rules that the foregoing terms advert to or are to be found in the Sync App, constitute the complete understanding and agreement between Sync and any User with respect to the subject matter hereof, i.e. the use of the Sync App. If for any reason any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect.

Means of Evidence

The printed version of the Sync App and of the Terms of Use and any communication in electronic form shall be admissible as means of evidence before any judicial or administrative authorities. 

Applicable Law and Jurisdiction

The Terms of Use and any amendment thereof shall be governed by the Greek law. Any dispute that should arise from this agreement and cannot be resolved amicably shall be submitted to the jurisdiction of the courts of Athens. 

Contact

For any query or clarification relating to the Sync App the Users may advert to:

Sync Technologies S.A.
Agnoston Iroon Street 92-94 
Nea Ionia 14231
Athens, Attica
Greece
Email: support@sync.app