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myCough - Terms of Use

Last updated: November 14, 2021

myCough offers a service that tracks your nocturnal cough to help you gain insight into it, aiming to give you objective insights into your respiratory health status.

These Terms of Use constitute a legal agreement (the “agreement”) between you and myCough, a service provided by Resmonics AG (“us”, “we”) for the use of the myCough mobile app (hereafter referred to as “the app” or “myCough”), the computer systems and files used by the application, and all related services, features and content provided by myCough within the app, on the website or social media channels.

Acceptance of Terms

Please read this agreement carefully. By using myCough’s services, you acknowledge your acceptance of and agreement to the terms in this agreement. If you do not agree to any of the terms in this agreement, please do not use the app.

We may make modifications to this agreement occasionally. Continued use of the app after the effective date of the updated version will indicate your acceptance of the new agreement.

Medical Services Disclaimer

myCough is based on the medical device ResGuard Med, which has been developed by us. It is intended to give you an objective assessment of nocturnal cough and to provide you a reference for your measurements, namely a comparison of your cough counts to a healthy person.

myCough does not provide you with a diagnosis and/or recommendations for actions. It is a objective decision-making aid. For more information on ResGuard Med, please check out the instructions for use in the app.

Please consult with a licensed physician before making any decisions or taking any actions that may affect your health, safety and wellbeing. Do not disregard professional advice because of anything you have seen, heard or read in the myCough app, website or social media channels. Always consult with a healthcare professional if you have any questions or concerns about your cough or general health.

Eligibility to use the service

If you are under 18, your parent or guardian must read and accept the terms of this agreement. By using the app, you confirm that your parent or guardian has read and accepted the terms.

Your Use of The App, Website and Other Communication Channels

Any information submitted by you to us through the app or through filling out questionnaires hosted by third parties are governed by Resmonics’ Privacy Policy. You are responsible for all your activity within the app. If you submit feedback via the app or directly via the support email channels, you are responsible for these communications.

We collect certain information when you use our website, answer questionnaires or engage with us via social media. This information is collected regardless of whether or not you use myCough and your use of these channels is not to be considered private. Information as to what this data includes, why it is collected and how it is handled by us and others can be found in our Privacy Policy.

Breaches of The Terms of Use

You agree that if you do any of the following, you are in breach of this agreement:

  • Sell, rent, lease, loan, sublicense, distribute or transfer the rights to the app or associated content;

  • Modify, reverse engineer or disassemble the app;

  • Copy, adapt, modify, translate the app without our consent;

  • Permit others to use the app in a manner that is in breach of the terms of this agreement;

  • Disable any measures in the app that are designed for protection of intellectual property;

  • Attempt to navigate around measures adopted to control access to content protected by copyright;

  • To compile data in a way that is usable by a competitor product/service;

Any such use shall immediately terminate your license to use the app.

Audio Recordings and Measurement Results

myCough temporarily stores audio recordings made whilst using the app locally on your device. We do not collect audio recordings to our central server. We do not have automatic access to these files which are stored in a private app folder.

Please consider that if you choose to share your recordings or measurement results with via non-private platforms such as social media or email, or with medical professionals, they are consequently not to be considered private and myCough is not liable for any unauthorized handling/use of these recordings and measurement results.

Required Equipment

Full use of myCough’s service requires the use of a mobile device or tablet computer with adequate software/hardware specifications. For myCough to work properly, you must enable microphone access which is done during initial setup of the app. The maintenance and security of your device may impact upon the performance of myCough. It is your responsibility to check your equipment’s suitability to deliver the app’s features.

Use of Mobile Devices

Please note that your mobile provider’s normal data charges apply when using myCough on a mobile device not over Wi-Fi.

Children’s Privacy

Our app not designed for minors and we do not intentionally market to or interact with them. If you believe that a minor has provided personal data to myCough which you wish to remove, please contact our support team on delete@mycough.ch with the affected App ID and we will aim to delete this information.

Intellectual Property Rights

We allow you a license to access myCough for personal and non-commercial use in accordance with the terms of this agreement.

Any rights that are not permitted within this agreement are reserved by Resmonics AG. If you wish to use any features of myCough’s app for non-personal purposes, including but not limited to software, name, logo, domain name, unique terminologies or any feature associated with the myCough brand, you must obtain permission from the company. You can request this by contacting contact@resmonics.ai.

License to User Content

myCough enables you to record your sounds which are then graphically depicted and quantified in our cough stats. By using the app and providing us with the graphical and statistical content, you allow myCough to use this anonymized data worldwide and royalty-free, with permission to distribute, copy, modify and publicly display this content with a view to providing and operating the app, and for myCough’s promotional purposes. All content outlined here is subject to the details within our Privacy Policy.

Use at Your Own Risk

Our goal is to give you insight into your nocturnal cough, however the app cannot guarantee any improved outcomes. While myCough relies on a CE-certified software as a medical device for its analyses (a class 1 device according to the Medical Device Directive), we make no assertions as to the accuracy of data and information we provide through the app. Your use of the app and any information provided are at your sole risk.

Your Security Obligations

You are responsible for taking the necessary steps to protect your mobile device containing your myCough data. It is your sole responsibility to:

  • Manage who has access to your smartphone;

  • Authorize, monitor and control access to and use of your smartphone;

Third Party Services

The myCough app, website and social media channels may give you access to third party websites, products or services. We do not control the practices of these third parties in any way hence do not assume any liability with use of these services. It is your responsibility to take appropriate steps in determining the suitability of using third party services, and to protect your personal information and privacy.

Providing Feedback

We read every feedback message and are committed to the continued improvement of the app. Any communications you send to us are submitted on a non-confidential basis unless you explicitly request otherwise. You agree that we may disseminate this communication at our own discretion and that we utilize this content which can include revising, modifying and contextually changing as appropriate.

Changes to the App

We are always looking to improve the service myCough provides, hence, occasionally and without prior notice we may change, expand or improve the app. We may also at any time cease to operating part or all of the app or selectively disable certain features. Your use does not entitle you to continued availability of all features.

Indemnity

You agree to hold myCough and its employees harmless from any claims, actions, demands, liabilities including but not limited to any reasonable legal/accounting fees resulting from your violation of this agreement.

Copyright Notice and Takedown Procedures

If you believe that any content within the app infringes your copyright, you may request it be removed for the app by providing the following information:

  • Identification of the copyrighted material you believe to be infringed. This requires a description of the material and its location.

  • Identification of the material you believe to be infringing and its location. Provide a description and a URL or any information that can help us locate the material.

  • Your details including a name, address, telephone number and email address if available.

  • A statement that you have reasonable certainty that the use of such material was not authorized by the copyright owner.

  • A statement that the information you have supplied is accurate indicating that you are the copyright owner or authorized to act on behalf of the copyright owner.

  • A signature or the copyright owner or an authorized representative.

Link to the privacy statement:

You can find out privacy statement here: https://www.resmonics.ai/mycough-privacy-policy

Questions

If you have any questions or comments about anything within this Terms of Use agreement please contact us via fragen@mycough.ch

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