The following terms and conditions govern all use of the RetinaRisk application (RetinaRisk app) and all content, services and products available at or through the app, including, but not limited to, the risk calculator. The RetinaRisk app is owned and operated by Risk ehf. The RetinaRisk app is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this website or in the application.
Please read this Agreement carefully before accessing or using the RetinaRisk product. By accessing or using any part of the application, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the application or use any of its services. If these terms and conditions are considered an offer by Risk ehf., acceptance is expressly limited to these terms.
1. RetinaRisk If you create an account in the application, you are responsible for maintaining the security of your account and usage, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the outcome from the risk calculator. You must not take any action with the given outcome of the risk calculator that is likely to cause Risk ehf. liability. You must immediately notify Risk ehf. of any unauthorized uses of your account, or any other breaches of security. Risk ehf. will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Usage – You are responsible for any and all usage under your account.
Without limiting any of those representations or warranties, Risk ehf. has the right (though not the obligation) to, in Risk ehf. sole discretion, (i) refuse or remove any account that, in Risk ehf. reasonable opinion violates any Risk ehf. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the application to any individual or entity for any reason, in Risk ehf. sole discretion.
2. YOU – usage agreement
You may use the RetinaRisk app to aid in your daily diabetic management and to educate yourself. The outcome can be used to support your decisions and is limited to support.
You may not use the RetinaRisk app or other services or tools of RetinaRisk as a final decision tool, but only as a decision support tool. The outcome should never be used as the final decision and no liability can be held against Risk ehf.
3. Responsibility of Application Users.
Risk ehf. cannot access nor review any inputs by the user and cannot therefore be responsible for that material’s content, use or effects.
4. Intellectual Property.
This Agreement does not transfer any intellectual property rights from Risk ehf. or third-party to the user, and all rights, titles and interest in such property will remain (as between the parties) solely with Risk ehf. Risk ehf., RetinaRisk, RetinaRisk application, RetinaRisk.com the RetinaRisk logo, and all other trademarks, service marks, graphics and logos used in connection with RetinaRisk.com, or the Application or Website are trademarks or registered trademarks of Risk ehf. or Risk ehf. licensors. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. Your use of the Application grants you no right or license to reproduce or otherwise use any Risk ehf. or third-party trademarks.
Risk ehf. reserves the right to display advertisements on your account unless you have purchased an Ad-free Upgrade.
Risk ehf. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is the users responsibility to check this Agreement periodically for changes. Your continued use of, or access to the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Risk ehf. may also, in the future, offer new services and/or features through the Application (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Risk ehf. may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your application account (if you have one), you may simply discontinue using the Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties
The Application is provided “as is”. Risk ehf. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Risk ehf. nor its suppliers and licensors, makes any warranty that the Application will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Application at your own discretion and risk.
9. Limitation of Liability
In no event will Risk ehf., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data; Risk ehf. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty
You agree to indemnify and hold harmless Risk ehf., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Application, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Risk ehf. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Risk ehf., or by the posting by Risk ehf. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Application will be governed by the laws of Iceland – Europe, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Reykjavik – Iceland. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Risk ehf. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
13. Advice/Guidance review
Any information or guidance within the app or on the web page is reviewed every six months.