MaskCount™ App Terms of Use

Last Modified: September 10, 2020

Consent and Acceptance of the Terms of Use.

Regenstrief Institute, Inc. (“Company”, “we” or “us”) owns and maintains the MaskCount™ application, including any content, data, functionality and services, excluding any third-party services, offered on or through MaskCount™ (collectively, the “Application”). The following terms and conditions (“Terms of Use”) govern your access to and use of the Application on web-based, iOS, Android, or any other mobile platforms. The Application is licensed, not sold, to you.

Please read the Terms of Use carefully before you start to use the Application, as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how and where disputes will be resolved. By using the Application, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you consent to being a “citizen scientist” participant and accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Application.

This Application is offered and available to users who are aged thirteen years and older. If you are an individual and are aged younger than 18, or if you otherwise are not of legal age to form a binding contract in your jurisdiction of residence, then you agree that your parent or guardian has reviewed these Terms of Use carefully and has agreed to be bound by these Terms of Use on your behalf. By using the Application, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Changes are effective immediately when we post them, but are not retroactive. Your continued use of the Application following the posting of revised Terms of Use means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Application if you do not want to agree to the revised Terms of Use.

Acceptance of Privacy Policy

All information we collect on the Application is subject to our Privacy Policy. By using the Application, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

Our Application is hosted in the United States and our services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing our Application or services from the European Union, Asia or any other region with laws governing personal data collection, use and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.

Accessing the Application and Account Security.

We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Application. To access the Application or some of the resources or features it offers, you may be asked to provide certain registration details or other information. You must provide information that is correct, current and complete. You agree that all information you provide to register with this Application or otherwise, including but not limited to through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose to register to use the Application by using a third-party authentication service, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or portions of it using your display/username, or other security information. If you permit any other person to use your account, you will be responsible for their activities while using the Application. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. We have the right to disable any account at any time in our sole discretion if, in our opinion, the continued use of that username, password or other identifier would be inappropriate.

License Grant; Intellectual Property Rights.

      1. License Grant. Subject to the terms and conditions of these Terms of Use, the Company grants you a limited, non-exclusive and nontransferable license to:
        1. download, install and use the Application for your personal, non-commercial and non-research use on mobile devices owned or otherwise controlled by you strictly in accordance with the Application’s documentation; and
        2. access, download and interact on such mobile devices with the content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) made available in or accessible on or through the Application, strictly in accordance with these Terms of Use.
      2. License Restrictions. You shall not:
        1. copy the Application, except as expressly permitted by this license;
        2. modify, translate, adapt or otherwise create derivative works or improvements, whether or not protectable or patentable, of the Application;
        3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
        4. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
        5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
        6. input, upload, transmit or otherwise provide to or through the Application or the Company’s systems, any information or materials that are unlawful or injurious, that violate the Content Standards (as defined below), or that contain, transmit or activate any Harmful Code (as defined below);
        7. access or use the Application in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right, privacy right or other right of any third party, or that violates any applicable law;
        8. access or use the Application for purposes of competitive analysis, developing, producing, marketing, distributing, licensing or selling any product or service that may compete with the Application, or disclosing to the Company’s competitors, or other third-parties, for any purpose, otherwise non-public information about the Application; or
        9. attempt to download, extract, record, analyze or otherwise use and distribute data or information displayed or available through use of the Application or its underlying Services, unless expressly authorized by the Company;
        10. use the Application in any manner that is contrary to the provisions of this Agreement, our mobile application Privacy Policy or any other applicable documents or policies referenced herein.
      3. Intellectual Property Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest on the Application under these Terms of Use, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms of Use, our Privacy Policy or any other applicable documents or policies referenced herein. The Company and its licensors and service providers reserve and shall retain all right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. The Application is owned by the Company or its licensors, and as such the Application is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Trademarks.

The Company name, the terms Regenstrief, Regenstrief Institute, the Application’s name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Application are the trademarks of their respective owners.

Prohibited Uses.

You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

      • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
      • For the purpose of exploiting, harming or attempting to exploit or harm minors, or other vulnerable persons.
      • To send, receive, upload, download, use or re-use any information that does not comply with the Content Standards set out in these Terms of Use.
      • To submit data or information that you know to be erroneous or misleading.
      • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
      • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or that may harm the Company or users of the Application or expose them to liability.

Additionally, you agree not to use the Application in any manner that could disable, overburden, damage or impair the Application, or in any manner that could interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application. Without limitation, you must not:

      • Use any robot, spider, algorithm or other automatic device, process or means to access the Application or its data for any purpose, including monitoring or copying any of the information on or available via the Application or its underlying Services.
      • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Application via a denial-of-service attack or a distributed denial-of-service attack (“Harmful Code”).
      • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application or its data are stored, or any server, computer or database connected to the Application.

User Contributions.

The Application contains profile screens, data collection screens, and related interactive features (collectively, “Interactive Services”) that allow users to submit, display or transmit data, images or other information (collectively, “User Contributions”) on or through the Application. The major User Contribution includes the observation data on mask wearing behavior that you provide as an Application user.

You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you submit to the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant the Company and its affiliates and service providers the unlimited, unconditional, irrevocable right to process, use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible for the content or accuracy of any User Contributions posted by you or any other user of the Application.

Monitoring and Enforcement.

We have the right to take any actions that we consider to be appropriate to ensure that the Application is operated in an appropriate manner. We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public or could create liability for the Company. We may terminate or suspend your access to all or part of the Application for any reason that we determine to be adequate, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY.

We do not undertake to review all information before it is posted on the Application, and cannot ensure prompt removal of objectionable or potentially inaccurate information after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Term and Termination.

The term of these Terms of Use commences when you acknowledge your acceptance of these Terms of Use by clicking “Agree” and will continue in effect until terminated by you or by us as set forth in this Section 10.

You may terminate these Terms of Use by deleting the Application and all copies thereof from your mobile device.

We may terminate these Terms of Use at any time without notice. In addition, these Terms of Use will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use.

Upon termination: (a) all rights granted to you under these Terms of Use will also terminate; and (b) you must cease all use of the Application and delete all copies of the Application from your mobile device and account.

Termination will not limit any of the Company’s rights or remedies at law or in equity arising prior to termination. This Section 10, and Sections 5(b), 5(c), 6, 7, 8, 9, 11, 12, and 14 through 22 will survive any such termination.

Reliance on Information Posted.

The information presented on or through the Application is made available solely for general educational, and informational purposes and does not constitute, and is not intended to be, an accurate, comprehensive representation of real-world behavior or practice. The information presented on or through the Application is not meant as medical or public health advice and should not be used as a substitute for, or a replacement of, adherence to information provided by public health agencies or authorities. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application or related Services, or by anyone who may be informed of any of its contents.

Caution while using the Application

You are responsible for the safe use of the Application. You should not use the Application in areas or circumstances where you or others could be harmed by its use. This includes but is not limited to harm due to distraction from your surroundings by using the application or by harm from others who witness you using the application. Do not put yourself in harm’s way to use the Application. If you feel that you could be harmed while using the Application, immediately stop using the Application. Use of the Application is voluntary and at your own risk.

Changes to the Application.

We may update the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the information on the Application may not be accurate at any given time, and though we strive to represent the data accurately, we are under no obligation to ensure that it is accurate and timely.

Links to Other Sites.

If the Application may contain links to other sites and resources related to our sponsors or partners, these links are provided for your convenience only. You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, services, or other materials on or available from such external sites or resources. The Company will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such any such advertising, products, services, or other materials on or available from external sites or resources.

Geographic Restrictions.

The owner of the Application is based in the state of Indiana in the United States. While we provide the Application for use by persons located in the United States and internationally, we make no claims that the Application or any of its content is accessible or appropriate outside of the United States. Access to the Application may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties.

We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Application for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, PROGRAMS OR APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification.

You agree to defend, indemnify and hold harmless the Company and its affiliates, and their licensors, service providers, employees, agents, officers and directors, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this Application.

Governing Law and Jurisdiction.

All matters relating to the Application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Application shall be instituted exclusively in the federal courts of the United States located in Indianapolis, Indiana, or the courts of the State of Indiana located in Indianapolis, Indiana, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Important Information and Disclaimers

No Use for Medical Diagnosis, Treatment or Prevention.

The Application is not a medical device and it is not intended to diagnose, treat, cure or prevent any disease or condition, nor is it a substitute for any professional medical, preventive or therapeutic advice, diagnosis or treatment. Accordingly, we do not provide any warranty or representation with respect to the merchantability, fitness or suitability of the Application for treating or preventing any medical condition.

The information presented on the Application is made available solely for general information purposes and does not constitute, and is not intended to be, a comprehensive representation of medical or public health information or events. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application, or by anyone who may be informed of any of its contents. We do not offer, and the Application does not constitute, medical, preventive, therapeutic or healthcare advice. Use of the Application is voluntary and at your own risk. We may update the content on the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Disclaimer: Responsibility for Interactions.

The Application and its services is solely designed for our own research, business and communications purposes, and for general information sharing between users. We are not responsible for (and will not be liable for) interactions between and among users of our Application, Services or the information they convey. We will not be responsible for in any way intervening in, mediating or resolving any dispute between users (e.g. disputes regarding the veracity or meaning of the information displayed in our Application or Sites, or related Services). IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY AGREE TO RELEASE US (AND ALL OF OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Entire Agreement.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Regenstrief Institute, Inc. with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application.

Your Comments and Concerns.

This Application is operated by Regenstrief Institute, Inc., 1101 W. 10th St., Indianapolis, IN 46202.

All feedback, comments, and other communications relating to the Application should be directed to: support@maskcount.com.