COVID-Cough Study App Terms of Use

Last revised: 11 March 2021

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE COVID-COUGH STUDY APP (THE “APPLICATION”), YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.

IMPORTANT: THE APPLICATION IS DESIGNED TO BE USED ONLY BY PARTICIPANTS OF THE COVID-COUGH STUDY TO COLLECT THEIR COUGH AND SYMPTOM DATA. IT IS NOT INTENDED AS A SCREENING OR DIAGNOSTIC TEST FOR COVID-19 OR ANY OTHER MEDICAL CONDITION. CALL 911 OR YOUR DOCTOR IN CASE OF A HEALTH EMERGENCY.

Please read the ResApp Privacy Policy (https://resapphealth.com.au/privacy/) carefully for information relating to our collection, use, storage and disclosure of your personal information. The ResApp Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Eligibility
The Application may only be used by individuals aged twenty-one (21) years or older who are participating in the COVID-Cough study and have signed the informed consent and HIPAA authorization required in connection therewith.

No Patient Relationship
Your use of this Application does not create a patient relationship with ResApp, and you should consult with qualified health professionals regarding your medical issues.

Apple Terms and Conditions
These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”). If any of the provisions of the Apple Terms conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.

User License
Subject to these Terms, ResApp grants the User a personal, non-transferable, non-exclusive, limited and revocable license to use the Application for personal use only on an Apple iPhone device owned or controlled by the User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, rent, resale, lease, sell, transfer, modify, decompile, disassemble, reverse engineer, or distribution of the Application or text, pictures, video, data or other content associated with the Application is prohibited.

Restrictions
The User shall only use this Application for participation in the COVID-Cough study.

Title
The User acknowledges, understands and agrees that the Application remains ResApp property and that the User obtains no rights, including rights of ownership, data rights, license rights, or otherwise, except for the license explicitly set forth herein. ResApp retains all right, title, and interest in and to the Application and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. ResApp property includes, but is not limited to, all software, processes, methodologies, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information in or made available to you in connection with the Application.

ResApp Health, the ResApp Health logo and ResAppDx are registered trademarks of ResApp Health Limited in the United States and other countries. Apple and iPhone are registered trademarks of Apple, Inc. in the United States and other countries.

Indemnification
The User agrees to defend, indemnify, and hold harmless ResApp and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from the User’s use or misuse of the Application, violation of these Terms or violation of any rights of a third party.

In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, ResApp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW RESAPP PROVIDES THE APPLICATION “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND RESAPP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RESAPP DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE APPLICATION. RESAPP DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE APPLICATION OR THAT RESAPP WILL CORRECT ANY OR ALL DEFECTS. RESAPP IS NOT RESPONSIBLE FOR THE RESULTS OBTAINED FROM THE USE OF THE APPLICATION.

In the event of any failure of the Application to conform to any applicable warranty, User may notify Apple, and, if applicable, Apple will refund the purchase price (if any) for the Application to the User and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ResApp sole responsibility.

Limitation of Liability
EXCEPT WHEN EXPRESSLY PROHIBITED BY LAW IN NO EVENT WILL RESAPP BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, DAMAGE TO REPUTATION, LOSS OR CORRUPTION OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER RESAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, RESAPP’S LIABILITY TO THE USER UNDER THESE TERMS OR WITH RESPECT TO THE APPLICATION IS LIMITED TO ANY COMPENSATION THE USER PAYS, IF ANY, TO RESAPP FOR ACCESS TO OR USE OF THE APPLICATION DURING THE SIX MONTHS PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. WHERE ANY LAW PROHIBITS THE EXCLUSION OF THE LIABILITY OF RESAPP WITH RESPECT TO THE SUPPLY OF ANY GOODS OR SERVICES TO THE USER PURSUANT TO THIS AGREEMENT, THAT LIABILITY IS LIMITED TO, IF PERMITTED BY LAW: (A) IN THE CASE OF GOODS, REPAIRING OR REPLACING THE GOODS OR PAYING THE COST OF SUPPLYING EQUIVALENT GOODS; AND (B) IN THE CASE OF SERVICES, PROVIDING THE SERVICES AGAIN OR PAYING THE COST OF SUPPLYING EQUIVALENT SERVICES.

Governing Law
These Terms are governed by, and is to be construed in accordance with, the laws applicable in Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts.

Third Party Beneficiary
If the User has downloaded the Application from the Apple App Store, Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.

Changes
Except where prohibited by applicable law, ResApp reserves the right to change or modify these Terms at any time and its sole discretion by positing revisions on the ResApp website. Continued use of the Application following the posting of these changes or modification will constitute acceptance of such changes or modifications.

Severability
If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected.

Contact ResApp
Any questions, complaints or claims regarding the Application should be directed to:
ResApp Customer Service
ResApp Health Limited
Level 12, 100 Creek St
Brisbane QLD 4000
Australia
Email: support@resapphealth.com.au
Phone: (07) 3724 0035

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ResApp Health Limited
ABN 51 094 468 318
Level 12, 100 Creek St,
Brisbane, QLD 4000, Australia

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