Effective date (Last update): 15 March 2024

Changes: restructured, improved language, corrected typos.

These Terms & Conditions govern your use of the Clear.bio Portal website located at https://portal.clear.bio (the “Site”). Please read these Terms & Conditions carefully before you start to use our Site or work on any client profile, as these Terms & Conditions are a legal agreement between you and Clear Tech B.V.

Clear Tech B.V., IJsbaanpad 2, 1076 CV Amsterdam, the Netherlands (‘Clear.bio‘ or ‘us‘ or ‘our‘ or ‘we‘) is the developer of the Clear.bio app (“App“) and Clear.bio Portal (”Portal” or “Site”) and supplier of glucose sensors (“Sensors“) which may be compatible with the Site.

THE SITE IS NOT INTENDED FOR THE DIAGNOSIS OF OR SCREENING FOR DIABETES MELLITUS. USERS SHOULD BE AWARE THAT THE SITE IS AN INFORMATION MANAGEMENT SERVICE TO ENABLE THE ANALYSIS OF FOOD AND GLUCOSE DATA AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE THAT YOU PROVIDE TO YOUR PATIENTS AS A HEALTHCARE PROFESSIONAL. THE SITE IS NOT AN ELECTRONIC HEALTH RECORDS SYSTEM AND YOU MUST PRINT AND/OR DOWNLOAD PATIENT INFORMATION THAT YOU DEEM RELEVANT TO YOUR PROVISION OF MEDICAL CARE, TREATMENT OR ADVICE.

YOUR ACCESS AND USE OF THE SITE AND CONSTITUTES, AND IS CONDITIONED UPON, YOUR AGREEMENT TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

YOUR USE OF THE SITE IS ALSO SUBJECT TO THE CLEAR.BIO PRIVACY POLICY AVAILABLE AT WWW.CLEAR.BIO (‘PRIVACY STATEMENT’ AND/OR ‘PRIVACY STATEMENT HEALTHCARE PROFESSIONAL’), WHICH EXPLAINS HOW WE COLLECT, PROTECT, RETAIN, STORE, AND DISCLOSE YOUR PERSONAL INFORMATION THAT YOU PROVIDE THROUGH YOUR USE OF THE SITE. IT ALSO SETS OUT THE INFORMATION THAT YOU, AS A PROFESSIONAL USER, SHOULD PROVIDE TO YOUR PATIENTS.

1. General: The Site is your gateway to access your account in which your patients’ Sensors and the App readings may be stored, reviewed and analyzed by you. The SIte is designed to assist you in viewing and managing aspects of your patients’ condition, and to allow Clear.bio to provide improved treatment guidance for patients utilizing Clear.bio’s Sensors and the App. The App allows patients to share their glucose readings with us. Clear.bio connects the respective user accounts with you;
2. ‘Professional User‘ includes only those licensed healthcare providers (‘HCPs’) (and their duly authorized representatives and agents working on behalf of their clinical practice) who have either registered a clinical practice or have registered as a professional user of the Site. Clear.bio only permits one user account per email address. These Terms & Conditions apply to your use of the Site. They are effective from when you set up an account as a Professional User until terminated as set forth below. By using this Site, you represent, acknowledge and agree that you are a Professional User and are duly authorized to use this Site;
3. Account: Do not reveal your account information to anyone else or disclose to anyone your password details. You are responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through it. You agree to notify Clear.bio if you become aware of a security incident or breach affecting your account, including where you believe your password may have been compromised, and fully cooperate with us, law enforcement or other applicable regulatory body in addressing the breach. Clear.bio is not responsible for any lost, stolen or compromised passwords or for any activity on your account from unauthorized users or for any losses arising out of or in connection with the unauthorized use of your account were caused by you. If there is a violation of any of the security requirements by you or other professional users in a practice that you create, that violation may be considered a breach of these Terms & Conditions and may result in the immediate loss of your account. You will be responsible for obtaining and maintaining any Internet connections, computing equipment and supplies necessary for you to receive, access and use the Site. You agree to only use the Site as expressly permitted herein. Clear.bio, its affiliates and its suppliers own all rights, titles and interests in and to the Site, including logos, graphics, videos, images, software and other materials (‘Materials‘). Subject to your compliance with these Terms & Conditions, Clear.bio hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your professional use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, modify, enhance, or in any way exploit any of the Site or Materials in any manner. If you, or any other person under your responsibility, breach any of the provisions in these Terms & Conditions, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials;
4. Permitted uses of your account: To use the Site, you must enter some of your personal information, including your username and password, to be able to log into your account. You agree to provide accurate and complete information when you register with, and as you use, the Site, and you agree to keep your account information accurate, current and complete. These Terms & Conditions allow you to set up an account as a Professional User over your organization’s network. You acknowledge and agree that the Site is provided to enhance your care of your patients and to allow Clear.bio to provide improved treatment guidance for patients utilizing Sensors and the App, and you understand that these are not a substitute for your professional judgement or for your responsibilities to your patients;
5. Prohibited uses of your account: We restrict access to the professional parts of our Site to Professional Users. We reserve the right to disable any Professional User ID at any time at our discretion, including if, in our opinion, you are not a Professional User or you have failed to comply with any of the provisions of these Terms & Conditions. When using our Site you may not engage in the prohibited uses set out below. You agree that you will NOT use the Site to:
   • upload, download, email, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another’s privacy or otherwise objectionable;
   • pretend to be anyone that you are not or misrepresent who you are or otherwise misrepresent your affiliation with any person (including a child or HCP). Clear.bio reserves the right to reject or block any account or email address that could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or that has been used to hijack another user’s data;
   • upload, download, email, transmit, store or otherwise make available any data or other information from children (any person under the age of 18 or such other age as local law defines as a child), including but not limited to any of the following: full name or surname, date of birth, email address and their Sensor data unless you have obtained the consent of the child’s parent/guardian;
   • infringe any person’s intellectual property rights (including uploading any content to which you do not have the right to upload);
   • upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Site (or any part thereof), or any other computer software or hardware;
   • interfere with or disrupt the Site (including accessing the Site through any automated means, such as scripts or web crawlers), or any servers or networks connected to the Site, or any policies, requirements or regulations of networks connected to the Site (including any unauthorized access to, use or monitoring of data or traffic thereon);
   • gather, store or upload personal information, including health information, on any persons using a Sensor without first having received their prior consent or without otherwise being authorized to do so, for example if you are a caregiver, HCP or parent/guardian;
   • reverse engineer, decompile, disassemble, decode, create derivative works of, gain access to the source code of or modify the Site except and then solely to the extent permitted under applicable law;
   • engineer or engage in automated downloading of personal information, including health information, from multiple patient accounts;
   • request, receive, or use log-in credentials for a patient’s account;
   • gather, download, store or upload personal information, including health information, using Sensors, in order to display the personal information on a third-party mobile app or website not controlled or operated by Clear.bio and not associated with or created by an HCP or clinical practice;
   • gather, download, store or upload personal information, including health information, on any other users of the Site or any individual using Sensors in connection with any of the foregoing prohibited activities; and/or
   • disclose information about the Site features or performance to any third party without our prior consent, except as required for legal or regulatory purposes or to assist in the provision of your medical treatment of a patient.
6. Clear.bio will treat all personal patient information for which it is a controller, including health information, in accordance with the Privacy Statement. When your patient has created a Clear.bio account and grants you access to that account, Clear.bio (through the Site) will be processing both your and your patient’s personal data as a ‘processor’ on your behalf as a healthcare provider where you process your patient information to protect their vital interests as determined in your sole discretion as their healthcare provider;
7. Availability and accuracy of information: The Site, or any feature or part thereof, may not be available in all languages or in all countries and Clear.bio makes no representation that the Site, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent that you choose to access and use the Site, you do so at your own initiative and are responsible for compliance with any applicable laws. Any data available to view by you are based exclusively on your patients’ glucose data and other information provided by them. Clear.bio makes no representations or warranties regarding the accuracy, completeness, reliability or timeliness of any data accessible or viewed by you or of any content generated by the data stored in the Site. In particular, Clear.bio makes no representations or warranties that any information based on such data will be in compliance with government regulations requiring disclosure of information;
8. Deletion of your account: You may delete your account at any time. Your account will be irreversibly deleted upon receipt and processing of your delete request, unless there is any contractual or legal obligation to keep your information in our databases. Please be aware that it may take up to 72 hours to process your request. You acknowledge that deletion of your account may have no effect on the personal information relating to your patients that Clear.bio has accessed to improve its treatment guidance for patients utilizing Clear.bio’s Sensors. Clear.biohas no responsibility for retaining/storing or backing up your account on your behalf. You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Clear.bio is not responsible for unauthorized access to, use of or alteration of your information. If you email, back up or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Clear.bio will have no ability to manage the privacy or security of that information. You should take the steps that you determine appropriate to protect the security of such information. Unless otherwise required by law, you agree that your account is non-transferable and that any rights to have an account or any data stored in the Site will terminate upon your death. In this case your account may be terminated and all data within deleted. Email [email protected] for further information. Clear.bio reserves the right to delete inactive accounts after six (6) months. We will notify you in advance by sending an email to the email address associated with your account so that you have an opportunity to ensure your account stays current and available for your use;
9. Links to third-party websites: This Site may be linked to other websites that are not sites controlled or operated by Clear.bio (collectively, ‘Third-Party Sites’). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies, terms and conditions and/or user guides and business practices than Clear.bio, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy notice and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, user guides and privacy policies of any Third-Party Sites. Clear.bio is providing links to the Third-Party Sites to you as a convenience, and Clear.bio does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT CLEAR.BIO WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply Clear.bio’s endorsement or recommendation;