Terms of Use

This website does not provide medical advice. If you think you may have a medical emergency, call your doctor or 911 immediately.

Much of the information on this website relates to products and services offered by Medtronic. The materials on this website are for your general educational information only. Information you read on this website cannot replace the relationship that you have with your health care professional. Medtronic does not practice medicine or provide medical services or advice and the information on this website should not be considered medical advice. You should always talk to your health care professional for diagnosis and treatment.

Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

This website contains information about products and therapies approved and cleared for use in the United States and is intended for a United States audience. If you live outside the U.S., you may see information on this website about products or therapies that are not approved or marketed in your country.

We may provide Software Apps for your use on your computing devices or your smart phone or other smart device such as a tablet (we refer to these as “Smart Devices”) in connection with your use of Medtronic products or services, including InPen products. Software Apps may provide stand-alone functionality, be used in connection with services we make available over the internet (“Data Services”), or both.

Software Apps may run on specific versions of third-party operating system and browser software for your computer or Smart Device (“Platform Software”). When any third-party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Software App. If you update Platform Software prior to our making available an appropriate update to a Software App, you may no longer be able to use the Software App(s) you have been using, or the Software App may not properly function. We may determine not to provide a compatible update to the Software App, and before you update Platform Software, you should check the applicable download site to determine if we have made available an appropriate update. Some Software Apps associated with InPen products may use third-party providers to enable certain functions, such as third-party login for certain legacy users. By sharing your data with such third-party providers, you acknowledge and agree that such third-party companies collect and use that data as described in their privacy notices.

The use of certain Medtronic products, services, or Software Apps may require the creation and use of an applicable Medtronic account (“Registration Process”). As part of the Registration Process, you may be required to provide the serial number of the Medtronic product for you or the person on whose behalf you are completing the Registration Process. Certain Medtronic products, Data Services, and Software Apps will archive and store the data generated by the applicable Medtronic product. As a result, such Medtronic products, Data Services and Software Apps must be used only with the applicable Medtronic product. Failure to do so may, among other matters, (a) cause the applicable Medtronic product, Data Service, or Software App to perform improperly, or not to perform at all, (b) corrupt the user data, or (c) cause inaccurate user data to be associated with the User or cause the user data to be inaccurately displayed or analyzed.

The materials on this website belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this website, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We also own the names we use for our products and services on this website, and these names are protected by United States and foreign trademark laws. An ® following a name on our website indicates that the trademark has been registered in the United States. A ™ following a name on our website indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.

There may be special rules for the use of materials provided on certain parts of this website. These special rules will be posted near the materials.

If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.

You are hereby granted a non-exclusive, limited, and revocable license to link to this website. Medtronic reserves the right to revoke this license generally, or your right to use specific links, at any time. If Medtronic revokes this license, you agree to remove and disable any and all of your links to this website immediately.

You agree not to present the link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this website or any of its content or copy portions of this website to a server. You agree not to display or use the Medtronic logo or trademark in any manner without our prior written permission.

This website may contain links to websites not operated by Medtronic. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of Medtronic products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

While we are pleased to receive feedback, comments and ideas from visitors to this website, we want you to understand that any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how, techniques, or materials to us through this website or another mode of communication, you hereby grant Medtronic an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, and agree that Medtronic is free to use them for any purpose.

ALL CONTENT ON THIS WEBSITE OR SOFTWARE APPS, AND EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN MEDTRONIC PRODUCT LABELING, MEDTRONIC PRODUCTS, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. MEDTRONIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OPERATION, COMPLIANCE WITH DOCUMENTATION, AND NON-INFRINGEMENT MEDTRONIC MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE, MEDTRONIC PRODUCTS, OR SOFTWARE APPS. YOU USE THIS WEBSITE, MEDTRONIC PRODUCTS, AND SOFTWARE APPS AT YOUR OWN RISK.

MEDTRONIC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE, MEDTRONIC PRODUCTS, OR SERVICES, SOFTWARE APPS, OR ANY DATA OR REPORTS PROVIDED BY MEDTRONIC WILL MEET YOUR REQUIREMENTS, BE RETRIEVABLE, BE UNINTERRUPTED, BE TIMELY, BE SECURE, OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. MEDTRONIC IS NOT RESPONSIBLE FOR OUTAGES OR DEFECTS IN POWER, TELECOMMUNICATIONS, COMPUTERS, SMART DEVICES, THIRD PARTY SOFTWARE AND ANY OTHER IMPACT OUTSIDE OF MEDTRONIC’S DIRECT CONTROL.

MEDTRONIC DOES NOT WARRANT THE ACCURACY OF ANY USER DATA UPLOADED FROM ANY USER DEVICE RECEIVED BY MEDTRONIC AND PROVIDED TO THE USER “AS-IS.” MEDTRONIC DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR MEDTRONIC PRODUCTS OR SERVICES, OR SOFTWARE APPS.

EXCEPT AS INCLUDED IN ANY MEDTRONIC PRODUCT LABELING, IF YOU ARE DISSATISFIED WITH ANY PORTION OF MEDTRONIC PRODUCTS OR SERVICES, OR SOFTWARE APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.

YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

YOU AGREE THAT NEITHER MEDTRONIC NOR ANY PERSON OR COMPANY ASSOCIATED WITH MEDTRONIC SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS MEDTRONIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF MEDTRONIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL MEDTRONIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF MEDTRONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS SET FORTH OTHERWISE IN APPLICABLE MEDTRONIC LABELING, WITH REGARD TO MEDTRONIC PRODUCTS OR SERVICES, AND SOFTWARE APPS: NEITHER MEDTRONIC NOR ITS AFFILIATES, NOR ANY OFFICER, DIRECTOR, EMPLOYEE, AGENT, SUPPLIER, OR OTHER PERSON OR ENTITY ASSOCIATED WITH ANY OF THEM WILL BE LIABLE FOR (A) ANY DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE MEDTRONIC PRODUCTS SERVICES, OR SOFTWARE APPS, (B) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION OR FOR TOTAL DAMAGES FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, MEDTRONIC PRODUCTS OR SERVICES, AND SOFTWARE APPS IN AN AMOUNT GREATER THAN $500, OR (C) THE ACTIONS OR OMISSIONS OF USER OR ANY THIRD PARTY. THE PROVISIONS OF THIS SECTION APPLY WHETHER THE CLAIM OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF MEDTRONIC OR ITS AFFILIATES OR A PERSON AFFILIATED WITH EITHER OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES EXCLUDED IN THIS SECTION AND EVEN IF SUCH EXCLUSIONS CAUSE THIS AGREEMENT OR ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW, AND THESE TERMS WILL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH SUCH APPLICABLE LAW.

You agree to indemnify, defend and hold harmless Medtronic, our affiliates, licensors, suppliers and other contract relationships, and the officers, directors, employees, consultants, and agents of each, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any information you submit, post or transmit through Data Services or Software Apps, (b) your use of Medtronic products, Data Services or Software Apps, (c) your violation of this Agreement, or (d) your violation of any rights of any other person or entity.

In addition to the rules in these Terms of Use and Medtronic’s Privacy Notices, you may be subject to additional terms that may apply when you access particular services, including Data Service or Software Apps, or materials on certain areas in this website, such as when you purchase enhanced services, or by following a link from this website. Please read our Privacy Statement to learn how we protect and use information that we gather through this website. For our policies regarding your health information, please see our Notice of Privacy Practices. (Our Privacy Statement and Notice of Privacy of Privacy Practices are collectively referred to herein as our “Privacy Notices”).

Your obligations under this section and the sections called "Your Feedback", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, such provision will be deemed modified to the minimum extent necessary to be effective, valid and enforceable, and the other provisions of this Agreement will remain in full force and effect and enforceable according to their terms. Failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision and in no case shall waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use or the Privacy Notices in a way that causes harm to others, you agree to hold Medtronic harmless against any liability for that harm.

We are acting as an independent contractor, and nothing in this Agreement creates an agency or partnership. Except for Medtronic’s licensors, there are no third-party beneficiaries to this Agreement.

By using this website, Medtronic products, Data Services, and Software Apps, you agree that the only proper jurisdiction and venue for any dispute with Medtronic, or in any way relating to your use of such services, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Medtronic or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.

Software Apps are subject to United States export control laws, and you will comply with those laws.

Except as we may expressly provide otherwise in connection with each, Medtronic Data Services and Software Apps are provided from the United States and subject to the laws of the United States. 

Medtronic may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with Medtronic. You may deliver notice to Medtronic by using the Contact Us feature.

This End User License Agreement ("EULA") sets forth additional terms applicable to your use of the InPen™ App and System, including any Documentation, updates, and upgrades (we refer to these and the Software Apps we provide for you to use these Data Services collectively as the "Licensed Services"). By downloading or using the Licensed Services in any way, you agree with the terms of this EULA and the "Agreement" (as that term is defined in the Medtronic Terms of Use ("Terms of Use") posted on the Medtronic Diabetes website located at (https://www.medtronicdiabetes.com)("Website"), and this EULA and the Agreement together form the exclusive and binding contract between you and Medtronic regarding your use of the Licensed Services, and you agree to comply with all of the provisions of this EULA and the Agreement.

1. Definitions. Any capitalized terms used in this EULA have the definitions for such terms set forth in the Terms of Use. In addition, we use the following terms in this EULA:
   • "Data Services" means the transmission of User Data from InPen Systems and the provision of notifications through any InPen System.
   • “InPen System” means our InPen Smart Insulin Pen, including the pen and any accessories approved by Medtronic for use with any of the foregoing and any future versions or enhancements.
   • "Documentation" means any paper or electronic documentation (including without limitation, this EULA) included with the InPen System or provided, or made available, by Medtronic in connection with the use of the InPen System
   • "InPen App" means a Software App included in the Licensed Services that is installed on a User’s Smart Device to receive InPen pen user information and threshold notifications.
   • "Marks" means names, logos, designs and other materials displayed in connection with the InPen System or Support Services that constitute trademarks, tradenames, service marks, trade dress or logos of Medtronic or other entities.
   • "Medtronic" or "Medtronic Diabetes" means Medtronic MiniMed, Inc., along with its wholly-owned subsidiaries MiniMed Distribution Corp and Companion Medical, Inc.
   • "Our Content" means the information, artwork and other content in the InPen System or our Website.
   • "Our Technology" means the software, code, proprietary methods, technology and systems used to provide the InPen System and Support Services, including the InPen App.
   • "Service Description" means the most current description of the InPen System posted on the Website, and when we post a new description, it replaces the prior version.
   • "Support Services" means the technical and customer support services that Medtronic may offer from time to time to assist you with your use of Licensed Services and includes any information and materials we may provide in connection with these support services or make available in the Documentation.
   • "Third Party Items" means software, data or other items licensed to us by third parties.
   • "We", "our", and "us" means “Medtronic”, as defined above.
   • "You" and "your" refers to each User of the InPen System.
2. InPen System. The InPen System is made available to Users who have validly purchased and use the InPen System to monitor their insulin therapy. The InPen administers insulin and the InPen App installed on a User’s Smart Device tracks doses, displays the last dose, calculates the next dose and reminds the User when to take it. Using the InPen App, each User can receive notifications and configure settings, including notification thresholds. All features of the InPen System are subject to the Service Description, and any conflict between this EULA and the Service Description is governed by the Service Description. Use of the InPen System is subject to the Documentation. The Documentation is incorporated into and made a part of this EULA, and you agree to comply with the requirements of the Documentation.
3. InPen Components.
   • “InPen Software” means the software components set forth below (additional detail may be included in the Service Description) and any other software necessary for the operation of the InPen System. References to the InPen System include the InPen Software as applicable, but we may refer separately to the InPen Software for emphasis.
   • “InPen App” means the InPen Software installed on a User’s Smart Device that uploads the insulin dosage readings from the User’s InPen System and sends those readings to the InPen Server, and receives information from the InPen Server.
   • “InPen Server” means the InPen Software hosted and operated by Medtronic that receives information from the InPen App, stores that information for a limited period of time determined by Medtronic, and triggers notifications that are sent to the User’s InPen App.
4. InPen System User Subscriptions. An InPen System User may be asked to subscribe to or register for certain InPen-related services by submitting required information and accepting the terms of this EULA, all at the relevant portion of the Website or download site for the InPen App. To the extent any services offered as part of the InPen System require subscription or payment, use of the InPen System by the User is subject to subscription by the User and payment by the User of the required payments. An InPen System User may terminate any such subscription by following the instructions in the InPen App or at the Website.
5. InPen Support. Medtronic may make available the Support Services, and if offered will be subject to the applicable terms posted by Medtronic at our Website. In connection with our provision of Support Services, you may provide us directly or through another person with information or access to information on your Smart Device or otherwise that relates to you, and you hereby authorize Medtronic to use such information and access for the purposes of assisting you to use the InPen System, and as otherwise permitted by our Notice of Privacy Practices and Privacy Statement, as applicable (or as otherwise agreed upon between you and Medtronic in writing).

6. Users Not Legally Competent. An InPen System User who is not legally competent to make decisions may not directly sign up for the InPen System.


   
The appropriate parent or legal guardian, conservator or other person with the legal right to act on behalf of such a User must complete all registration or subscription processes for the InPen System. The parent or legal guardian, conservator or other person with the legal right to act on behalf of an InPen System User not legally competent to make decisions represents, warrants and agrees that he or she (a) has the lawful authority to act on behalf of such InPen System User, and (b) will, and will ensure that the InPen System User does, comply with the requirements of this EULA and the Agreement.

7. Website. Use of the Website is subject to the Terms of Use and any other policies posted on the Website, and you agree to comply with the provisions of those Terms of Use and policies.
8. Limited License.
   • We hereby grant to you a limited, revocable, non-exclusive, nontransferable access right to use the InPen App as follows, so long as you comply with the terms of this EULA and the Agreement.
   • The InPen System User is granted the right to download the InPen App onto his or her Smart Device and to use the InPen App solely as described in the Service Description and Documentation in connection with his or her use of the InPen System as a User.
   • You may use information received from the InPen System solely for the purposes of the User’s personal health.
   • You may use Support Services solely to support the use of the InPen System by you and your associated Users. You agree not to use or disclose Support Services for any other reason.
9. Exclusions. You agree that you will not, and will not attempt to or permit anyone else to: (a) interfere in any manner with the operation of the InPen System, or the communications, network, systems, software and data used to operate and provide the InPen System; (b) distribute, sell, lease, rent, sublicense, assign, export, or transfer in any other manner any InPen Software or any other portion of the InPen System or otherwise use the InPen System for the benefit of a third party (other than a InPen System User); (c) modify, copy or make derivative works of any part of the InPen Software or any other component of the InPen System, or reverse engineer, disassemble, decompile, or translate any components of the InPen System, or otherwise attempt to derive the source code of any components of the InPen System; (d) create Internet “links” to or from the InPen System, or “frame” or “mirror” any content which forms part of the InPen System; or (e) otherwise use any portion of the InPen System in any manner that exceeds the scope of the limited license right granted above.
10. Smart Devices. You are required to use Smart Devices in the condition provided by the manufacturer. “Jailbroken” Smart Devices are those Smart Devices that have been modified in an unauthorized manner to permit the loading of unauthorized software. Jailbroken Smart Devices create unacceptable security risks, and you agree you will not use a Jailbroken Smart Device in connection with the InPen System.
11. Third Party Items. The InPen System and Support Services may include Third Party Items. Your use of Third-Party Items is subject to the provisions of this EULA, except as required otherwise by the vendor. You will comply with any additional license provisions required by vendors of Third-Party Items, which shall be posted at https://www.medtronicdiabetes.com/terms-of-use.  The most current version of such license provisions are incorporated into and made a part of this EULA.
12. Responsibility for Others. You agree to be responsible for any act or omission of any person that accesses any portion of the InPen System under your account, using your password or from your computer or Smart Device.
13. Required Items and Actions. You are required to provide and maintain all items necessary for your proper operation of the InPen System. This includes a User’s Smart Device with appropriate access to download the InPen App. You are required to properly set up the InPen System and ensure the proper performance of your Smart Device.
14. Your Assurances. You represent, warrant and agree that all information you provide to us will be true, accurate, current and complete, and you will only use the InPen System for the personal benefit of the User in accordance with the Service Description and Documentation (including without limitation, this EULA). You will promptly inform us of any problems with InPen that you believe are resulting in inaccurate information or preventing you from using the InPen System. The InPen System is not a substitute for regular monitoring and medical care, and you will ensure that all appropriate treatment, attention and efforts are made by the User to maintain the health and wellness of the User.
15. Suggestions. You may, in your discretion, provide suggestions to us for changes to the InPen System or to our other products and services, new products or services, or other ideas for our business (“Suggestions”), and we welcome Suggestions. By submitting a Suggestion, you hereby grant to us a worldwide, non-exclusive, royalty-free, fully paid-up, unrestricted, sublicensable, transferable and irrevocable (on any basis whatsoever) license to use the Suggestion in any way we determine without any compensation, attribution, accounting or other obligation to you.
16. Privacy Notices. You acknowledge that Medtronic will access and use your data in accordance with the Medtronic Notice of Privacy Practices  located at: https://www.medtronicdiabetes.com/notices and Privacy Statement located at: https://www.medtronicdiabetes.com/privacy-policy, as applicable,  as those documents are amended by us from time to time (or as otherwise agreed upon between you and Medtronic in writing), and that the provisions of the most current versions of such policies are incorporated into and made a part of this EULA.
17. Medtronic Terms of Use. You will comply with the Terms of Use located at https://www.medtronicdiabetes.com/terms-of-use, as such terms are amended by us from time to time, and the provisions of the most current Terms of Use are incorporated into and made a part of this EULA.
18. Changes to this EULA. We may change this EULA from time to time by posting a new version at https://www.medtronicdiabetes.com/terms-of-use (Exhibit A) which is effective upon posting or by changing the EULA set forth as Exhibit A to the Terms of Use. If you object to any such change, you can terminate your subscription and your use of the InPen System. Continued use of the InPen System following notice or posting of any such changes will indicate your acknowledgement of such changes and will be your agreement to be bound by the revised EULA.
19. Discontinuation of or Modifications to InPen System. We reserve the right to modify or discontinue the InPen System and/or Support Services at any time with or without notice to you. If you object to any such change, you can terminate your subscription and your use of the InPen System. Continued use of the InPen System following notice of any such change will indicate your agreement with such change.
20. Third Party Offerings. We may provide to you in connection with the InPen System the opportunity for you to receive products and services provided by third parties. We are not responsible for any such products and services, and those products and services are subject only to the terms offered by the third-party provider. We provide no services, warranties or support for any such third-party products and services, and you will hold only the provider and not Medtronic or any of our affiliates or any personnel of any of them responsible in connection with such third-party products and services. You should carefully review their privacy statements and other conditions of use.
21. Links. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other site or location or its contents. We have no control over, do not review, and are not responsible for, these outside websites or their content. Access to any other websites linked to the InPen System or our Website is at your own risk. You should carefully review the applicable terms and policies, including privacy and data gathering practices, of any such third-party website. WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
22. Ownership. Our Content and Technology are (a) copyrighted by Medtronic, its affiliates, or its licensors under United States and international copyright laws, and all rights are reserved to Medtronic and its licensors, as applicable (b) subject to other intellectual property and proprietary rights and laws, and (c) owned by Medtronic or its licensors, as applicable. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information or restriction. Your use of our Content and Technology must, at all times, comply with this EULA.
23. Suspension and Refunds. We may decline to provide the InPen System or Support Services at any time. If your right to use the InPen System or Support Services is terminated by us for any reason other than your failure to comply with this EULA, and you have paid for the use of the InPen System or Support Services for any period of time after such termination, we will refund amounts you have paid for any period of time after such termination. If you terminate your subscription to the InPen System or Support Services, you will not be due a refund of payments made by you prior to termination.
24. Termination. You may terminate your subscription and end your use of the InPen System and/or Support Services at any time. We may terminate your use of the InPen System and/or Support Services and (if applicable) your subscription at any time. Neither party needs any reason for its termination. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO AND/OR SUBSCRIPTION TO THE INPEN SYSTEM OR SUPPORT SERVICES. AFTER TERMINATION, YOU HAVE NO FURTHER RIGHT TO USE ANY PORTION OF THE INPEN SYSTEM OR SUPPORT SERVICES, INCLUDING THE INPEN APP AND INPEN SOFTWARE.
25. No Medical Services. The InPen System is an information service and not medical services or any other licensed healthcare service. We do not monitor the information received from your InPen System or provided to your Smart Devices, and we will not provide you with notice through your InPen System. It is up to the InPen System User to determine what thresholds to set and how to use the features of the InPen System. The InPen System is not a replacement for the User’s regular healthcare and health monitoring.
26. Interruptions. The InPen System and Support Services may be interrupted, unavailable, or even terminated, and the User must not rely upon direct use of the InPen System for the User’s health monitoring.
27. No Responsibilities. Without limiting the provisions of this EULA or expanding the scope of the InPen System, Medtronic is not responsible for power outages, telecommunications outages or defects, unavailability of the Smart Device service, or any other impact on the InPen System outside the direct control of Medtronic.
28. Limited Warranty and Remedy.  Medtronic warrants to you that the InPen App will perform substantially in accordance with the related explanatory written materials. Medtronic does not warrant that the operation of the InPen App will be uninterrupted or error free or that the functions of the InPen App will meet your needs or requirements.  Medtronic’s sole and exclusive liability and your exclusive remedy for breach of warranty shall be limited to the replacement of the InPen App. Any such replacement will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. If the above remedy fails for any reason, Medtronic's entire liability for a breach of warranty shall be limited to USD $100 or the equivalent in local currency.  This Limited Warranty is void if failure of the InPen App resulted from accident, abuse, or misapplication.  You are solely responsible for decisions made and actions taken based on your use of the InPen App.  THE STATED LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS.
    MEDTRONIC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, INTEROPERABILITY WITH ANY PARTICULAR DEVICE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  SOME JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH JURISDICTIONS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU
29. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDTRONIC DIABETES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THIS AGREEMENT, EVEN IF MEDTRONIC DIABETES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
30. Indemnification. You agree to indemnify, defend and hold harmless Medtronic, its affiliates, licensors, suppliers and other contract relationships, and the officers, directors, employees, consultants, and agents of each, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any information you submit, post or transmit through the Website, the InPen System or Support Services, (b) your use of the Website, the InPen System or Support Services, (c) your violation of the Documentation, including without limitation, this EULA, or (d) your violation of any rights of any other person or entity.
31. Trademarks. The Marks owned by Medtronic and other entities used in connection with InPen or Support Services are listed or described in the Medtronic Terms of Use, which may be amended from time to time. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
32. Open-Source Notices. Certain components of the InPen Software may be subject to open-source software licenses (“Open-Source Components“), which means any software license approved as open-source licenses by the Open Source Initiative or any substantially similar licenses. The Documentation includes copies of the licenses applicable to Open-Source Components. To the extent there is conflict between the license terms covering Open-Source Components and this EULA or the Agreement, the terms of such licenses will apply in lieu of the terms of this EULA or the Agreement. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in this Agreement with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component.
33. U.S. Government Acquisition of the Software. This Section applies to all acquisitions of the InPen Software by or for the U.S. Government ("Government"), or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement, "other transaction" ("OT"), or other activity with the Government. By accepting delivery of the InPen Software, the Government, any prime contractor, and any subcontractor agree that the Software qualifies as "commercial" computer software within the meaning of FAR Part 12, paragraph (b) of FAR Subpart 27.405, or DFARS Subpart 227.7202, as applicable, and that no other regulation, or FAR or DFARS data rights clause, applies to the delivery of this InPen Software to the Government. Accordingly, the terms and conditions of this Agreement govern the Government's (and the prime contractor and subcontractor's) use and disclosure of the InPen Software and supersede any conflicting terms and conditions of the contract, grant, cooperative agreement, OT, or other activity pursuant to which the Software is delivered to the Government. If this InPen Software fails to meet the Government's needs, if this Agreement is inconsistent in any respect with Federal law, or if the above cited FAR and DFARS provisions do not govern, the Government agrees to return the InPen Software, unused, to Medtronic Diabetes.
34. Export Restriction. You agree that the InPen System and InPen Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
35. Miscellaneous. This EULA and the documents referred to within this EULA constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof and govern your use of the InPen System and Support Services.  This EULA shall be governed and construed under the laws in the State of Minnesota without regard to its conflicts of laws rules.  Any claim arising from or in connection with the EULA may only be brought in Minneapolis, Minnesota, and must be commenced no later than one year after the date the claim arises. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  This EULA shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives.  If any provision herein is found void or unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms.  This agreement may only be modified in writing signed by an authorized representative of Medtronic Diabetes.  Without prejudice to any other rights Medtronic Diabetes has, your warranty rights under Section 28 above, shall automatically terminate upon failure by you to comply with its terms, and Medtronic Diabetes shall also have the right to terminate your license to use the Software and demand return of the Software.
36. Arbitration; Waiver of Right to Jury Trial and Participation in Class Actions. To the maximum extent permissible under applicable law:
    • WAIVER OF JURY TRIAL. EACH OF US WAIVES OUR RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CONTROVERSY, DISPUTE, OR CLAIM (any dispute, controversy or claim arising or related to this Agreement is collectively defined as "CLAIM") BETWEEN US ARISING OUT OF OR RELATING TO THE INPEN APP, INPEN SYSTEM, OR THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ANY COMMUNICATION OVER THE INTERNET INITIATED BY OR UNDER THE CONTROL OF THE INPEN APP) OR ANY RELATED AGREEMENTS, INCLUDING WITHOUT LIMITATION ANY CLAIM BASED ON OR ARISING FROM AN ALLEGED TORT. ANY CLAIM SHALL INSTEAD BE DETERMINED BY BINDING ARBITRATION - EACH PARTY THUS WAIVES ITS RIGHT TO A JURY TRIAL.  (b) ARBITRATION. Arbitration shall be conducted in accordance with the Federal Arbitration Act (Title 9, U.S. Code), notwithstanding any choice of law provision in this Agreement, and under the rules of the American Arbitration Association ("AAA"). Either you or we may, by summary proceedings (e.g., a motion to stay further proceedings) bring an action in any court having jurisdiction for the sole purpose of compelling compliance with this arbitration provision. Medtronic Diabetes may also initiate any action in any court having jurisdiction for the additional purpose of obtaining temporary or preliminary injunctive relief that Medtronic Diabetes reasonably believes necessary to protect its copyrights, and other proprietary and intellectual property rights, in the Software. The Proceeding shall be commenced at the request of the claiming party. A Claim shall be decided by one arbitrator who shall be a lawyer licensed to practice law in the state in which the arbitration is conducted. Any Claim shall be arbitrated pursuant to the AAA's Commercial Arbitration Rules. Any Claim for an amount under $10,000 shall be arbitrated pursuant to the AAA's Arbitration Rules for Consumer-Related Disputes. Discovery, to the extent permitted by AAA Rules, shall be expressly limited to matters directly relevant to the Claim. The arbitrator and the AAA shall fully enforce this requirement. The arbitrator's decision shall be binding and shall not be subject to further review or appeal except as otherwise required by applicable law. Judgment upon the arbitration award may be entered in any court having jurisdiction. Each party agrees to keep all Claims and arbitration proceedings strictly confidential, except for disclosures of information required in the ordinary course of business of the parties or by applicable law or regulation.  (c) WAIVER OF "CLASS ACTION" CLAIMS. ANY ARBITRATION PROCEEDING CONDUCTED UNDER THIS AGREEMENT SHALL BE LIMITED TO OUR INDIVIDUAL CLAIMS AGAINST EACH OTHER, AND NO CLAIM OF ANY OTHER PARTY SHALL BE SUBJECT TO ARBITRATION IN SUCH ARBITRATION PROCEEDING ON ANY BASIS WHATSOEVER, WHETHER BY CONSOLIDATION, BY CLASS OR REPRESENTATIVE PRINCIPLES (THAT IS, A SO CALLED "CLASS ACTION") OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, OR OTHERWISE - EACH PARTY THEREFORE WAIVES ITS RIGHT TO JOIN ITS CLAIM WITH CLAIMS OF ANY OTHER PARTY.
37. Capacity and Authority to Contract. You represent that you are of the legal age of majority in your state of residence and understand and consent to this End User License Agreement.
38. Contact Us. Should you have any questions concerning this EULA, kindly write to or call:  Medtronic MiniMed, Inc., 18000 Devonshire Street, Northridge, CA 91325-1219, USA, or call us at: tel: 1-800-646-4633.
39. Version. This EULA is dated November 22, 2021.