Terms and Conditions

These Terms & Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MiProbes (“we”, “us”, or “our”), concerning your access to and use of the www.miprobes.de and www.miprobes.shop websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, “MiProbes”). You agree that by accessing MiProbes, you have read, understood and agreed to be bound by all of these Terms of Service. If you do not agree with all these Terms, then you are expressly prohibited from using MiProbes, and you shall stop using immediately. We are committed to protecting your privacy and security. This agreement only covers the usage of MiProbes services. Please review our Privacy Policy for more detailed information related to your personal data.

 

  1. Coverage and Usage of MiProbes Services
    1. MiProbes, designs products and tools that help you understand your body, track parameters of your body, and achieve your health goals. These Terms apply to your access and use of the MiProbes Service, which is provided to you by MiProbes Biotechnologies UG. The “MiProbes Service” consists of our devices including associated firmware, testing strips, applications, software, websites, APIs, products, and services (“Services”).
    2. MiProbes, designs products and tools that help you achieve your health goals. The advice given by MiProbes is based on information from the user that he or she has given when registering or using the services, and from a device called the “strip” tells us some information about your health condition by analyzing your urine.
    3. It is your responsibility to use the “strips” you have purchased in accordance with the “Expiration Date” and “Operating Manual” specified. MiProbes cannot be held liable for any incorrect advice or damages that may arise from the “Expired Strips,” “Damaged Strips” or “Misused Strips”.
    4. MiProbes, can not be held liable for incorrect advice given as a result of incorrect measurements resulting from the devices on which you use MiProbes services.
    5. MiProbes measures your urine values including but not limited to leukocyte, bilirubin, specific gravity, urobilinogen, pH, nitrite, ketone and protein values with urine analysis using the “strip.” Measured urinalysis includes specific recommendations for healthy living and nutrition by combining your eating habits, chronic illnesses, alcohol and cigarette consumption, physical characteristics and nutritional habits that you have registered with MiProbes services.
    6. MiProbes provides the Website, Application, and Services for informational purposes only. MiProbes Websites, Application, and Services does not contain or constitute, and should not be interpreted as medical advice or opinion.
    7. Your decision to rely on any information you obtain in connection with using the Products or any other MiProbes services is at your sole discretion and risk. We make reasonable efforts to ensure the accuracy of such information, data, and calculations. However, you are responsible for recording accurate measurements, and for using the information, data, and calculations at your own risk.
    8. Nothing provided by MiProbes, including without limitations the communication with MiProbes through any channel, shall be interpreted as medical advice, diagnosis, or treatment, and you should not rely on them as such.
    9. Always consult a physician for medical advice and answers to your medical questions.
    10. You agree that MiProbes will incur no legal liabilities towards you or anyone else due to your use of the Product or any services provided by MiProbes.
    11. MiProbes is based solely on information users register with MiProbes services. We cannot predict the information users have not given us. MiProbes cannot be held liable for damages resulting from advice given by MiProbes Services due to information users do not notify MiProbes (such as allergy, food intolerance, genetic or other illness, etc.). This is also applicable in the case for allergies and diseases that are not known to the users themselves.
    12. MiProbes does not assume any liability for inaccuracies or misstatements about products, whether based on third party information or on ratings generated by the services. You should carefully read all information provided by the manufacturers of the products or in the actual product packaging and labels and function claims, before using a product. For additional information about the product, please contact the manufacturer.
    13. Accessing and using all or some of MiProbes’s services may require some different policies, standards or guidelines, or you may need to accept additional terms and conditions. Unless otherwise stated, in the event of a dispute between these Terms of Service and any other policies, standards or guidelines required for a particular area, the policies, standards or guidelines necessary for the particular domain shall prevail.
  2. Change of Terms of Service
    1. MiProbes reserves the right to amend this Terms of Service at any time in accordance with this Terms of Service. If we make changes to this Terms of Service, we will update the “Last Update Date” of this Terms. We will notify you by email or any other communication channels at least thirty (30) days before the date on which the amendments entered into force. If you do not agree to the change of Terms of Service, you may terminate this Terms of Service immediately by discontinuing the use of our Services. In the notification email, we will inform you of your right to terminate the Terms. You will not be able to terminate your contract prior to the date on which the amended Terms will enter into force, and your continued access to or use of the MiProbes Services after amended Terms of Service update will mean that you accept the amended Terms.
  1. Age Compatibility
  1. . Private customers who are over 18 years old can use MiProbes. You agree you will act in compliance with the MiProbes manual and any other instructions and warnings that we provide you from time to time.
  1. Prohibited Use
  1. MiProbes allows you to use MiProbes Services and to access and view aggregated content, provided that you comply with these terms.
  2. You should not use the Site or the Products for any harmful, malicious, disruptive or unlawful purpose. You should not use the Site or the Products if you are a direct competitor of MiProbes and the services which MiProbes offers and are investigating the MiProbes strips for competitive research.
  3. You should not share your MiProbes strips with others as doing so might compromise data accuracy and system efficacy.
  4. You agree that you shall not access, store, distribute or transmit any viruses or any material during the course of your use of the MiProbes service that:
    1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
    2. (b) facilitates illegal activity;
    3. (c) depicts sexually explicit images;
    4. (d) promotes unlawful violence;
    5. (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
    6. (f) is otherwise illegal or causes damage or injury to any person or property.
  5. In case of a violation, without prior notice, MiProbes may remove and disable access to the User Content.
  1. MiProbes Service Fees
  1. MiProbes may provide these services free of charge or for a fee, depending on the Service or the content of the Service used by its users. Using the MiProbes website is free of charge. MiProbes offers a “strip” purchase option with a one-time payment or subscription method to its users. You can access more detailed advice and services with these “strips”.
  1. Cancellation and Return
  1. MiProbes may cancel a user’s membership and suspend or terminate his/her access to MiProbes products and services under these circumstances: (a) breaching any provision of these Terms, (b) misleading MiProbes in any way that MiProbes does not comply with these Terms of Service or (c) adversely affecting MiProbes’s reputation. Appreciation authority belongs to MiProbes.
  2. After the cancellation, you will no longer be able to access the Services you have access to for a fee and any advice provided through these services. In addition to the cancellation process, MiProbes reserves the right to use all available remedies.
  1. Third-Party Services
  1. Certain content served on the MiProbes website includes links to third party websites (“Third Party Web Sites”), some of which are related to MiProbes while some are not. MiProbes has no control over Third-Party Services and Third-Party Content.
  2. MiProbes is not responsible for reviewing, checking, or otherwise confirming any content of third-party services, including computer software or other property or services, which may be found on third-party websites or through thirdparty websites.
  3. MiProbes does not represent and endorse the accuracy, content, legality or quality of third party websites and does not represent and endorse the accuracy, content, legality or quality of any information material, goods or services offered through third party websites.
  4. You acknowledge and agree that you assume all liability and obligations to cause any damage to you or any third party arising from the use or reliance on any content, advertisements, products or other resources of third parties.
  5. When you are connected to or otherwise accessing or using a third party website, you agree that you are responsible for the following:
  • take necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code and other harmful effects;
  • download, use or purchase any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors;
  • downloading, using or purchasing any material that violates confidentiality or promotional rights, or that violates the proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified;
  • any financial costs or other liabilities to third parties arising from your actions or other activities;
  • read and understand the Terms of Service or Privacy Policies applicable to these third-party websites.
  1. Promotion & Advertising Policy
  1. MiProbes may be supported by advertising revenue and may display advertisements and promotions and may display targeted advertising on our Site. These advertisements may be targeted to MiProbes Content, User Content, queries, or other information. The manner, mode, and extent of advertising by or permitted by MiProbes on the Site are subject to change without specific notice to you. In consideration of MiProbes granting you access to and use of the Site and Services, you agree that MiProbes may place such advertising on the Site.
  1. Disclaimer
  1. MiProbes Services (including websites and content) and user content are provided “as is,” without warranty or condition of any kind, either express or implied.
  2. MiProbes makes no warranty that the site, content, user content or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
  3. MiProbes makes no warranty regarding the quality of any products, services, or information obtained through the site, content, user content or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the site.
  4. MiProbes does not regularly monitor or update the accuracy or reliability of the content.
  5. No advice or information, whether oral or written, obtained from MiProbes or through the site, content, user content or services, will not create any warranty expressly made herein or create any liability on the part of MiProbes.
  6. The site, content, user content and services are for consumers’ educational and informational use only.
  7. Nothing contained in the services is or should be considered, or used as a substitute for, medical, nutritional or any other professional advice, diagnosis or treatment.
  8. MiProbes makes no representations or warranties about the information, tools, or content included in the site, content, user content or services.
  1. Agreement Term, Termination, Suspension
  1. These Terms of Service shall be valid for a period of 30 days; will be automatically and continuously renewed at the end of this period or until the end of MiProbes Terms pursuant to this provision within the next 30 day periods.
  2. You may terminate these Terms of Service at any time by sending a “Cancel Account / Delete Account” feature or any email in the MiProbes website.
  3. Without limiting our rights below, MiProbes may terminate these Terms at any time by communicating with your registered e-mail address or any other communication channels provided by you and giving you thirty (30) days.
  4. (i) you have severely violated your obligations under these Terms, our Privacy Policy and other rules and regulations, (ii) violates any applicable laws, regulations or third-party rights; or (iii) violates the privacy or security of MiProbes, its users or third parties, or (iii) violates the privacy or security of MiProbes, its users or third parties; MiProbes may terminate these Terms without notice.
  5. When these Terms are terminated, you do not have the right to return any of your MiProbes User Account or User Content. If your access to or use of MiProbes Services has been restricted, your MiProbes User Account has been suspended or terminated by us and you will not be able to open a new MiProbes User Account or access or use the MiProbes Services through someone else’s User Account.
  1. Feedback
  1. We welcome your comments, feedback, suggestions, and other communications regarding the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to MiProbes a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send MiProbes any Feedback that you do not wish to license to us as set forth above.
  1. Applicable Law
  1. The validity, interpretation, and performance of this Agreement shall be governed in all respects by the laws of Germany without giving effect to conflicts of law principles that would result in the application of the substantive laws of another jurisdiction. You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the state and federal courts in Germany.
  1. Intellectual Property
  1. MiProbes, Miprobes.de, MiProbes.shop and MiProbes logo are trademarks or registered trademarks of MiProbes Biotechnologies UG. MiProbes Services and Content, may be protected in whole or in part by the copyright, trademark and/or other laws of Germany and other countries. Includes all related intellectual property rights, including MiProbes Services and MiProbes Content; You acknowledge that it is the exclusive property of MiProbes or the licensed third party. MiProbes Services and MiProbes Content and, in conjunction with them, all trademarks, logos, trade names and registered trademarks of MiProbes are trademarks or registered trademarks of MiProbes in Germany and other countries.
  2. You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publish or otherwise exploit MiProbes Services and the Content. The intellectual property of the Content belongs to MiProbes and shall not be assigned to Users except those expressly licensed under these Terms.
  3. You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of MiProbes (and, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organization of the Website are the intellectual property and proprietary and confidential information of MiProbes and its affiliates, licensors and suppliers. Except as expressly stated in these Terms of Service, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms of Service are hereby reserved and retained by MiProbes.

Notices and counter-notices with respect to the Services should be sent to our designated agent: MiProbes Biotechnologies, Lohmühlenstraße 65, 12435 Berlin, Germany, Attn: Terms & Conditions, or via email at questions@miprobes.de