Effective Date: May 11th, 2023
These Terms and Conditions ("Agreement") govern your access to and use of the Asthma DIGI-PREDICT Cough detection mobile application ("App") and its associated services ("Services"), provided by Resmonics AG registered in Zurich, Switzerland ("Company," "we," "us," or "our"). By accessing or using the App or Services, you ("User," "you," or "your") agree to be bound by this Agreement.
Acceptance of Terms
1.1. By using the App or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any future amendments that may be made. If you do not agree to the terms and conditions set forth herein, you must immediately cease using the App and Services.
Grant of License
2.1. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App and Services for your personal, non-commercial use as part of the research study conducted by the University of Auckland.
Data Collection and Use
3.1.1. Improving and optimizing the App and Services;
3.1.2. Providing personalized content and recommendations;
3.1.3. Conducting research and analysis;
3.1.4. Displaying targeted advertisements;
3.1.5. Offering new products, features, or services;
3.1.6. Complying with legal obligations.
3.2. By using the App and Services, you acknowledge and agree that any data collected by the App or Services about you, including, but not limited to any sound recordings and symptom measurements, and your usage, interactions, and activities within the App or Services, in addition to the data you provide, shall be subject to an unlimited, irrevocable, sublicensable, transferable, royalty-free license granted to us. This license permits us to use, reproduce, distribute, modify, adapt, publish, publicly perform, and display the collected data for commercial purposes, without requiring any further consent, notice, or compensation to you.
4.1. You represent and warrant that you have the legal right and authority to enter into this Agreement and to grant us the rights specified herein.
4.2. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.
4.3. You are solely responsible for maintaining the confidentiality of your account credentials and for any activities or actions that occur under your account.
4.4. You agree not to:
4.4.1. Use the App or Services for any illegal, unauthorized, or improper purposes;
4.4.2. Impersonate or misrepresent your affiliation with any person or entity;
4.4.3. Violate any applicable laws, regulations, or third-party rights;
4.4.4. Interfere with or disrupt the integrity or performance of the App or Services.
5.1. All intellectual property rights in the App, Services, and any content provided therein, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, are owned or licensed by the Company and are protected by applicable intellectual property laws.
5.2. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or materials obtained from the App or Services without our prior written consent.
6.1. We reserve the right to suspend, disable, or terminate your access to the App and Services, at our sole discretion and without prior notice, if we believe you have violated any provisions of this Agreement or engaged in any prohibited activities.
6.2. Upon termination, your license to use the App and Services will immediately cease, and you must promptly uninstall the App from your device and cease any further use of the Services.
7.1. The App may allow you to submit or upload content, including but not limited to text, images, audio, or video ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and perform the User Content in connection with the App and Services.
7.2. You represent and warrant that you have the necessary rights and permissions to grant us the aforementioned license for any User Content you submit or upload.
7.3. We reserve the right to remove or delete any User Content that violates this Agreement or infringes upon the rights of others, without prior notice.
Disclaimer of Warranties
8.1. The App is intended for use as part of a research study and is not intended to provide health advice or replace professional medical consultation. The App and Services should not be relied upon as a substitute for medical diagnosis, treatment, or advice from qualified healthcare professionals. Any insights or suggestions provided by the App are for research purposes only and should not be interpreted as medical recommendations. Always consult with your healthcare provider for personalized medical advice and guidance.
8.2. The App and Services are provided on an "as-is" and "as available" basis, without any warranties or representations, express or implied. We do not warrant that the App and Services will be error-free, uninterrupted, or free from viruses or other harmful components.
8.3. You acknowledge and agree that the use of the App and Services is at your own risk, and you will be solely responsible for any damage or loss that may arise from your use of the App and Services.
Limitation of Liability
9.1. To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or in connection with your use of the App and Services.
9.2. Our total liability, whether in contract, tort, or otherwise, shall not exceed the amount paid by you, if any, for accessing or using the App and Services during the six (6) months preceding the claim.
Governing Law and Jurisdiction
10.1. This Agreement shall be governed by and construed in accordance with the laws of Switzerland. Any legal action or proceeding arising out of or relating to this Agreement shall be exclusively brought in the courts located in Zurich, and you consent to the jurisdiction of such courts.
11.1. This Agreement constitutes the entire agreement between you and the Company regarding the subject matter herein and supersedes all prior or contemporaneous communications, whether oral or written, between you and the Company.
By using the App and Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any provisions of this Agreement, you must immediately cease using the App and Services.