If you are or want to become a participant with us and use Clear.bio, we are happy to do so with clear agreements. By purchasing a Clear.bio package you accept these Terms and Conditions. The General Terms and Conditions can be found at www.clear.bio.
Last update: 26 October 2023
1.0 Participation
Participation in a Clear.bio package is an effort agreement between Clear Health B.V. and the participant. Clear Health B.V. will guide and advise the participant as well as possible in the process of improving the diabetes situation by adjusting diet and lifestyle. The participant is responsible for his or her process.
Clear Health B.V. has no insight into the complete personal medical file, except for the data related to participation in a treatment and is therefore not responsible for the medical treatment of the participant. The participant’s treating physician remains the medical practitioner. Employees at Clear Health B.V. will therefore not provide advice on the use and adjustment of medication. In case of referral, we expect the attending physician to pass on any complications or medication in the referral letter that may influence the lifestyle advice from Clear Health B.V. During the treatment, the participant must deal responsibly with the lifestyle advice by entering into and maintaining proper consultation with the main practitioner.
You enter into a treatment agreement with Clear Health B.V. By agreeing to the Terms and Conditions you implicitly agree to start a treatment. This is possible in accordance with the Dutch “Wet Geneeskundige Behandelovereenkomst” (Medical Treatment Agreement Act), as we do not classify Clear.bio as a major (medical) operation.
2.0 Purchase
You can purchase Clear.bio to purchase a treatment via the website (www.clear.bio). A treatment can consist of a one-off purchase or a subscription. With a one-off purchase, there is a choice between a Treatment (measuring 2×2 weeks, 12 weeks of guidance) and a Check (measuring 2 weeks with guidance). The subscription (Houvast) consists of 2 weeks of measuring per month.
On the website or in other communications, a purchase may also be referred to as a “plan”, “membership” or “subscription”. This means the same.
You must be at least eighteen years old to use Clear.bio, be in good health (you are not currently undergoing medical treatment or have discussed the use of Clear.bio with your practitioner) and own a smartphone that supports NFC (see: https://device-check.clear.bio/status).
After the purchase you will receive an email confirming your purchase. At that time it is possible to log in to the Clear.bio app.
After purchasing a product, you have the right to cancel your purchase within 14 days without giving reasons. This is only possible when we have received the glucose sensor, which you received after taking out your membership, in good condition and sealed.
3.0 Payment
If you have made a purchase, you owe an amount from the time of registration. The direct debit via SEPA (for subscriptions) or credit card will also apply from that moment. All amounts are due and payable in advance.
Payment of a subscription takes place per month. The first payment is made when entering into the subscription by means of an online payment and subsequent payments are made automatically once a month by direct debit via SEPA or creditcard and at the rates set for that subscription.
If we are unable to collect your payment for any reason (e.g. reversal, insufficient balance, expired due date, etc.), we will send the direct debit to your bank again.
If you do not meet your payment obligation even after we have given you notice of default, you are in default. At that time we can charge collection costs and we can hand over the claim. We can also terminate the agreement with immediate effect. At that time you owe all monies that should be paid during the term of the agreement plus the collection costs that are charged.
The price of a subscription may change from time to time. However, any price changes or changes to a plan will not take effect until 30 days after notice. For a fixed subscription, price changes only take effect when the agreement expires after one year.
If you do not use a purchased product or service, the membership fee will not be refunded.
4.0 Termination
If you have opted for a subscription, you have entered into an agreement that can be cancelled flexibly. This can be cancelled at any time subject to a notice period of 30 days.
You can cancel your agreement by emailing support@clear.bio from the email address you used to purchase your subscription.
After you have cancelled you will continue to have access to the Clear.bio app and your subscription will automatically switch to a free subscription that will give you access to limited functionality in the Clear.bio app.
5.0 Risk and Liability
Clear.bio accepts no liability for any damage resulting from the use or inability to use the information on the website or app. For more information, see the disclaimer, which can be found in the Privacy Statement.
6.0 Personal Data
In order to carry out your purchase, we have your personal data. Clear.bio processes your personal data in a proper and careful manner and within the framework of the applicable laws and regulations, such as the General Data Protection Regulation (GDPR).
In our Privacy Statement we have listed which data is processed by us, for what purposes we do this and how the personal data is handled. It also explains how data subjects can exercise their rights with regard to the processing of their personal data. The Clear.bio Privacy Statement can be found on our website.
When using the FreeStyle Libre sensor, LibreView’s terms of use apply, see www.libreview.com for more information.
7.0 Miscellaneous
These Terms and Conditions are governed by and construed in accordance with Dutch law. These terms do not limit the mandatory legal consumer protections that you may be entitled to under applicable law in your country.
All disputes arising from the agreement between a participant and Clear.bio will be judged by the competent court in Amsterdam. We also refer to our complaints procedure.
If one or more provisions of these Terms and Conditions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.
Clear.bio may change these Terms and Conditions from time to time. We will notify you at least 30 days before any such changes apply to you.
We will send you information about your account (such as payment authorizations, invoices, confirmation messages and notices) only in electronic form, such as via email to the email address you provided when you registered.
