These Terms of Use govern your use of the website at www.novid.org and the NOVID mobile application software (“App”) (collectively, the “Services”) offered by Expii, Inc. (“we”, “us”, or “our”). By using the Services, including downloading the App, you agree to be bound by these Terms of Use. From time to time, we may update these Terms of Use. By continuing to use the Services, you agree to the updated Terms of Use. If you do not agree to all of the terms and conditions of these Terms of Use, do not use the Services.
THE SERVICES ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE OR BE USED TO AID IN DIAGNOSTIC DECISIONS. IN NO WAY DO WE REPRESENT THAT THE SERVICES CAN BE RELIED ON TO MAKE DECISIONS REGARDING MEDICAL CARE. YOU SHOULD SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL REGARDING EXPOSURE TO, POTENTIAL SYMPTOMS AND TREATMENT OF COVID-19.
1. ELIGIBILITY
You must be at least 18 or older and of legal age to form a binding agreement or, if you are not of age to form a legally binding agreement, have your parent or guardian’s consent, to access or use the Services.
2. PRIVACY
All information provided and collected through the Services is subject to our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use.
3. USE AT YOUR OWN RISK
Your use of the Services is solely at your own risk. Without limiting any other terms of these Terms of Use, we do not make any representations, warranties or promises about the accuracy, reliability or effectiveness of any of the Services’ functions or services, including without limitation, whether you have been exposed to COVID-19 or have been in the proximity of a person who has COVID-19. We do not guarantee that the information provided by the Services is 100% accurate, particularly as the App relies on users to input accurate information about the results of COVID-19 testing. Do not rely on the information provided by the Services for medical purposes. The App is not a medical device. The Services are intended to improve general awareness about the exposure of COVID-19 but not any recommendations or treatment for any health conditions. The Services are not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease. You should consult a medical professional with any questions related to your health.
4. SCOPE OF LICENSE
4.1 Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, non-sublicensable, revocable license to install and use the App, solely for personal, non-commercial use.
4.2 This license will also govern any updates to the App, unless a separate license is provided for such update in which case the terms of that new license will govern.
4.3 You may not copy, modify, distribute, sell, reproduce, duplicate, exploit or lease any part of the Services.
4.4 You may not publish, reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Services. You may not access or interact with the Services (or any information provided by the Services) other than through the Services’ regular user interface.
4.5 You will not remove, alter, or obscure any copyright, trademark, or other proprietary notice in the Services.
4.6 You may not access or use the Services in a manner prohibited by applicable laws, directives, regulations or these Terms of Use.
4.7 If you violate these Terms of Use, your license to use the App will automatically terminate, without prejudice to any other rights or remedies we may have against you.
4.8 All right, title, and interest in and to the Services, including without limitation trademarks, service marks, trade names, images, audio, text, software, designs and the “look and feel” of the Services (collectively, “Content”), are and will remain the exclusive property of us. The Services are protected by copyright, trademark, and other intellectual property laws of both the United States and foreign countries. Except as otherwise stated herein, you shall not use our Content without our express written permission. All rights not expressly granted to you in this Agreement are reserved by us.
5. ACCEPTABLE USE
You must use the Services in a responsible manner and only for the purposes for which they are intended. For example, you may not attempt to re-identify any data collected or generated by the Services. You may not make false claims or representations in connection with your use of the Services, such as sharing a false test result. You may not use the Services for any unlawful purposes.
6. SUBMISSIONS
We do not solicit ideas about the Services, including suggestions to add features or improve functions. However, if you send us any ideas, suggestions, images, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Submissions”) you agree that the Submissions are not confidential and we assume no obligation, expressed or implied, by considering them. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an exclusive, unrestricted, perpetual, royalty-free, irrevocable and worldwide license to disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes in any manner and medium with no compensation to you.
7. PROHIBITED CONDUCT
You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to the Services any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of the Services or any computer software or hardware or equipment associated with the Services; (b) alter, remove, obscure or falsify any attributions or other proprietary designations of origin or source of the Services; (c) impersonate any person or entity; (d) attempt, through any means, to gain unauthorized access to the Services in a way not intended by us or for any unlawful purpose; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy the Services; (f) take any action that imposes an unreasonable or disproportionately large load on the Services; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms of Use; (i) attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, restriction or requirement of the Services; (j) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (k) access the Services in order to build a competitive product or service, copy any features, functions or graphics of the Services or monitor the availability and/or functionality of the Services for any benchmarking or competitive purposes.
8. NO MAINTENANCE OR SUPPORT
We have no obligation, expressed or implied, to provide any maintenance, technical or other support for the Services.
9. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
9.1 You agree your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY INFORMATION THEREIN. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES. YOU ALSO AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY INFORMATION AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, DEFECT-FREE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. INFORMATION PROVIDED THROUGH THE SERVICES IS NOT MEDICAL ADVICE, AND YOU SHOULD CONSULT A QUALIFIED MEDICAL PROVIDER OR YOUR LOCAL HEALTH AUTHORITIES BEFORE TAKING ACTION BASED ON SUCH INFORMATION.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY INFORMATION OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE OR YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT YOU PAID TO PURCHASE THE APP, IF ANYTHING, IN THE AGGREGATE FOR ALL CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
9.3 You agree to indemnify, hold harmless, and release us and our affiliates and respective officers, employees, agents, partners and licensors (and their respective successors and assigns) from and against any and all claims, demands, liabilities, damages, costs and expenses, including, but not limited to, attorney's fees and costs, arising from or related to: (i) your access, use, attempted use, inability to use or misuse of the Services; (ii) your violation of any of terms of these Terms of Use or any applicable law; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; and (iv) any claim that your use of the Services caused damage to a third party.
10. LEGAL COMPLIANCE
You agree to comply with all applicable laws and regulations in connection with your import, export, or use of the Services.
11. APPLICABLE LAW
These Terms of Use and any action related thereto will be governed by the laws of the State of Pennsylvania without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Allegheny County, Pennsylvania, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Nothing herein prohibits or hinders us from bringing an action in any jurisdiction for injunctive or other preliminary relief. Any dispute resolution proceeding arising out of or relating to these Terms of Use will be conducted only on an individual basis and not in a class or representative action on behalf of others.
12. MISCELLANEOUS
These Terms of Use are the entire and exclusive agreement between us and you regarding the Services, and these Terms of Use supersede and replace any prior agreements between us and you regarding the Services.
Our failure to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.
You agree that we may send to you in electronic form any notices or other communications regarding the Services and such electronic form will satisfy any legal requirements with respect to communications or notice.
We may at any time, without notice and for any reason in our sole discretion, modify or discontinue the Services or terminate or restrict your access to the Services. In addition, these Terms of Use may be changed at any time. We will notify you of such changes by posting them on the Services. You should check the Services for such changes frequently. Your continued access of the Services after such changes have been posted conclusively demonstrates your acceptance of those changes.
The Services are operated and provided by Expii, Inc., 260 Atwood Street, Pittsburgh, PA 15213. If you have questions about these Terms of Use, please contact us at privacy@expii.com.
Effective Date: August 26, 2020
