Terms of Use

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Henry Ford Health (“HFH”). This Agreement governs your use of the RogerCare (including all related documentation, the “Application”). The Application is licensed, not sold, to you.

BY DOWNLOADING AND/OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATION.

The Application is made available solely for use in connection with a research study that has been reviewed and approved by an institutional review board as apart of the RogerCare Pilot (the Study). Your use of the Application is limited to activities authorized by the Study protocol and described in the informed consent form provided to you by the Study team. This Agreement governs the license and your use of the Application; it does not replace the informed consent form, any authorization for the use or disclosure of health information, or other information provided to you regarding the Study. If this Agreement conflicts with the informed consent form concerning your rights as a research participant, the informed consent form controls.

1. License Grant

Subject to the terms of this Agreement, HFH grants you a limited, non-exclusive, and nontransferable license to:

1. (a) download, install, and use the Application on a single mobile device owned or otherwise controlled by you solely for your participation in the Study and strictly in accordance with the Application’s documentation, the Study instructions provided to you, and this Agreement; and
2. (b) access, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5; and
3. (c) use the Application is a research tool and is not intended to provide medical advice, diagnosis, treatment, or clinical decision support. Information presented through the Application is for Study purposes only and should not be relied upon as a substitute for advice from a qualified health care professional. Your use of the Application does not create a health care provider-patient relationship between you and HFH, the Study sponsor, the investigators, or any service provider involved with the Application.

2. License Restrictions

Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

1. (a) copy the Application, except as expressly permitted by this license;
2. (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
3. (c) 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. (d) remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
5. (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any feature 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. (f) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
7. (g) use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without HFH’s prior written consent;
8. (h) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;
9. (i) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application;
10. (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
11. (k) use the Application to seek emergency assistance or to communicate urgent medical information. If you believe you may be experiencing a medical emergency, call 911 or seek immediate medical attention. Questions about your health or medical care should be directed to your health care provider. Questions about the Study, Study procedures, research-related concerns, or possible research-related injury should be directed to the Study team using the contact information in the informed consent form.
12. (l) use the Application in, or in association with, any other environment in which failure of the Application could reasonably be expected to result in death, personal injury, or severe physical or environmental damage.

3. Reservation of Rights

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, 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 this Agreement. HFH reserves and shall retain its entire 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.

4. Collection and Use of Your Information

When you download, install, or use the Application, HFH may collect information about your Mobile Device, your use of the Application, and information you submit through the Application. Information collected for the Study will be collected, used, disclosed, retained, and protected as described in the informed consent form, any applicable authorization for the use or disclosure of health information, the Study protocol, and applicable law. Other information collected through or in connection with the Application is subject to our Privacy Policy located at https://www.henryford.com/visitors/privacy/internet. The Privacy Policy does not replace or modify the informed consent form or any applicable authorization for the use or disclosure of health information.

5. Content and Services

The Application may provide you with access to HFH’s website located at www.henryford.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website’s Terms of Use and Privacy Policy located at https://www.henryford.com/visitors/privacy/internet and https://www.henryford.com/visitors/privacy/internet, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

1. (a) The Application may request access to device features, sensors, notifications, or other permissions used for Study activities. The Study materials will describe the information collected through those features and whether a requested permission is required for particular Study activities. You may manage device permissions through your Mobile Device settings, but disabling a permission may prevent the Application or certain Study functions from operating as intended.
2. (b) Your decision whether to participate in the Study is voluntary. You may stop participating in the Study as described in the informed consent form without losing benefits to which you are otherwise entitled. Stopping use of or deleting the Application does not by itself constitute notice of withdrawal from the Study. To withdraw from the Study, contact the Study team using the contact information in the informed consent form. Withdrawal or termination of access to the Application will not require deletion of information already collected when applicable law, the Study protocol, the informed consent form, or research-record retention requirements permit or require that information to be retained.

6. Updates

HFH may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that HFH has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

1. (a) the Application will automatically download and install all available Updates;
2. (b) you may receive notice of or be prompted to download and install available Updates; and
3. (c) You agree to promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

7. Third-Party Materials

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that HFH is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. HFH does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

8. Term and Termination

1. (a) The term of Agreement commences when you download the Application and will continue in effect until terminated by you or HFH as set forth in this Section 9.
2. (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
3. (c) HFH may terminate or suspend this Agreement or your access to the Application if HFH ceases to support the Application; the Study ends; your participation in the Study ends; the Study team determines that your access should end in accordance with the Study protocol; continued access presents a privacy, security, safety, legal, or regulatory risk; or you violate this Agreement. HFH will provide notice when reasonably practicable, except when immediate suspension or termination is necessary to protect the Study, the Application, HFH, you, or others.
4. (d) Upon termination:
   1. (i) all rights granted to you under this Agreement will also terminate; and
   2. (ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
5. (e) Termination will not limit any of HFH’s rights or remedies at law or in equity.

9. Disclaimer of Warranties

THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, HFH, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HFH 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HFH OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

1. (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
2. (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR HFH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless HFH and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

For technical support relating to the Application, use the support instructions provided in the Application or the Study materials. For questions about the Study, your rights as a research participant, research-related concerns, or possible research-related injury, use the contact information provided in the informed consent form. This Agreement does not replace the contact information or reporting procedures included in the Study materials.

12. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

13. Governing Law

This Agreement is governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.

14. Entire Agreement

This Agreement, any Study materials, and our Privacy Policy constitute the entire agreement between you and HFH solely with respect to the license and your use of the Application and supersede prior or contemporaneous understandings concerning that subject. This provision does not supersede or modify the informed consent form, any authorization for the use or disclosure of health information, the Study protocol, or other documents governing your participation in the Study.

15. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.