December 31, 2022
The ObvioHealth website and mobile application are provided by Obvio Health USA, Inc., a Florida corporation (“ObvioHealth”). By accessing and using the web site located at https://www.obviohealth.com (the “Web Site”) or the ObvioHealth mobile application (“Application”), you agree to be bound by the Terms of Use (hereinafter, the “Terms” or “Agreement”) in effect at the time of each such access or other use. You also acknowledge that ObvioHealth may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Web Site or Application. If you do not agree to these Terms, do not use the Web Site or Application. As used in these Terms of Use, “we” may include ObvioHealth and each of its affiliates.
The Web Site and Application are intended to facilitate the conduct of virtual clinical trials and research. The Web Site and Application will provide and collect certain information, materials and data related to clinical trial activities. All information we collect through or in connection with the Web Site and Application is subject to our Privacy Policy, which is incorporated herein by reference. Processing of personal information is undertaken with your consent or as otherwise set forth in the Privacy Policy.
Authorized users of the Web Site and Application may include clinical trial participants, clinical trial site physicians and staff, clinical trial project sponsors, and other project partners. The status of a user will determine the scope of such individual’s access to and use of the Web Site and Application.
If you are a research study participant, your access to and use of the Web Site and Application is additionally governed by an informed consent agreement between you and the sponsor the applicable clinical trial (the, “Consent Terms”), which is incorporated herein by this reference. Any violation of such Consent Terms will also be deemed a violation of this Agreement.
NO MEDICAL ADVICE: The Web Site and Application may provide information related to a product in connection with clinical research. No such information should be used as a substitute for the advice of your own physician. Information available from the Web Site and Application is not intended to be used to diagnose or treat any medical condition or disease. Always consult your physician or other health care professional directly concerning any health problem, medical condition or disease, and before taking any new medication or changing the dosage of medications you are currently taking. Always carefully read the information provided with your medications. Never disregard professional medical advice or delay in seeking it because of something you have read or viewed in the Web Site or Application. If you think you may have a medical emergency, call your doctor or 911 immediately (or your local emergency contact number).
ObvioHealth does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Web Site or Application. Reliance on any information appearing in the Web Site or Application is solely at your own risk, and, for participants.
If you are an investigator, sponsor, physician, medical professional, or healthcare provider using the Application for research study services provided by Company through the Application, you agree that your contributions to the content and services in or through the Application are FOR INFORMATIONAL PURPOSES ONLY and are NOT MEDICAL ADVICE and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. ObvioHealth is not responsible, or liable to you or any third party, for the content or accuracy of any of your contributions or any other information or medical advice that you cause to provide to third parties, including, without limitation, participants, pursuant to the Application or otherwise.
Before using certain areas of the Web Site or Application (including the registration of your Account), you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.
In order to access or use the certain portions of the Web Site or Application, you may be required to register and create an account (“Account”) with ObvioHealth. All information and data gathered through the registration process and any other information related to your Account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that you are at least 18 years old and that all information provided by you when creating your Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Web Site and Application. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third-parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account. In the event of any such termination, you will no longer have access to the Web Site or Application.
No person under the age of eighteen (18) is authorized to access or use the Web Site or Application. User access to, and use of, the Web Site and Application is subject to all applicable laws and regulations. Use of the Web Site and Application is void where prohibited. By using the Web Site and Application, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.
ObvioHealth grants you a limited, non-exclusive, non-transferable license access and use the Web Site and Application. Such access shall enable you to use the Web Site and Application for valid and sanctioned purposes as determined by ObvioHealth in its sole discretion. This right of access shall not include any resale of the Web Site, Application or any contents thereof; any derivative use of the Web Site, Application or the contents thereof; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ObvioHealth or our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Web Site or Application. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site and Application. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site and Application. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Web Site and may temporarily or permanently cease using the Web Site without notice to ObvioHealth. Any use of the Web Site, Application, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Web Site, Application or any portion thereof.
For purposes of these Terms, the term “Application” shall refer to and consist of the following: (i) the ObvioHealth software applications, together with any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and (ii) any updates, modifications or enhancements. You acknowledge that ObvioHealth may from time to time issue upgraded versions of the Application and may automatically electronically upgrade the version of the Application that you are using.
ObvioHealth grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Application for your personal use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with these Terms to access and use on such Mobile Device the content and services made available in or otherwise accessible through the Application, in accordance with these Terms.
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 these Terms, 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. ObvioHealth 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.
All content within the Web Site and Application, and any materials made available for downloading, if any, are the property of ObvioHealth and/or its affiliates or other third parties. You shall not: (a) copy the Web Site or Application, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Web Site or Application; (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; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Web Site or Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, display, or otherwise make available the Web Site or Application, or any features or functionality of the Web Site or 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; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Web Site or Application. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site and Application.
To the extent applicable, when accessing the Web Site and Application, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Web Site and Application. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Web Site and Application. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Do not submit, post or otherwise transmit via the Web Site and Application information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. All information, data, content or other material, which you submit or send to us will be processed in accordance with our Privacy Policy.
You may use the Web Site and Application only for lawful purposes in connection with a clinical trial or research study, and, with respect to Participants, in accordance with the Consent Terms. You agree not to use the Web Site or Application:
Additionally, you agree not to:
Any and all intellectual property rights associated with the Web Site and Application, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of ObvioHealth or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site and Application in any way without the express written consent of ObvioHealth or the express written consent of the appropriate third party, as applicable. Except as provided herein, ObvioHealth does not grant to you any express or implied rights to ObvioHealth or any third party’s Intellectual Property.
The Web Site and Application may contain certain interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) in or through the Web Site and Application. Any User Contribution you post or submit to the Web Site or Application will be considered non-proprietary and will be treated in accordance with our Privacy Policy and, if you are a study participant, the Consent Terms. By providing any User Contribution, you grant us and other authorized Web Site or Application users the right to use, reproduce, modify, perform, display, distribute and otherwise use such material in connection with the relevant clinical trial or research study with respect to which you are using the Web Site or Application.
You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (ii) all of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not ObvioHealth, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Web Site or Application.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Web Site or Application infringe your rights under U.S. copyright law, you (or your agent) may send to ObvioHealth a written notice by mail, e-mail or fax, requesting that ObvioHealth remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to ObvioHealth a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, the following: Sufficient information identifying the copyrighted work(s) believed to be infringed.
Any personal information or other information about you collected by ObvioHealth through, or in connection with, the Web Site and Application is subject to our Privacy Policy. ObvioHealth Privacy Policy is incorporated into the terms of this Agreement by this reference. As indicated in these Terms, the Web Site and Application are designed for adults of legal age (18 years and over). For questions about our online privacy policy please refer to the Privacy Policy.
Please be aware that personal data and any information provided by you or created, stored, or otherwise accessible in connection with your use of the Application may be stored locally on your Mobile Device. Such data and information will be accessible to third parties that have access to your Mobile Device and/or any software, hardware or platform associated with your Mobile Device (such as an iTunes or Google Play account). It is your responsibility to maintain the security of your Mobile Device from unauthorized access.
The Web Site and Application may provide or include links to other world wide web sites or resources. While ObvioHealth attempts to provide links only to third-party Web Sites that comply with all applicable laws and regulations and ObvioHealth’s standards, please understand that the content on these third-party Web Sites is subject to change without notice to ObvioHealth. Because we have no control over such sites and resources, you acknowledge and agree that ObvioHealth is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OBVIOHEALTH SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
ObvioHealth prohibits caching of any portion of the Web Site and Application and any unauthorized hypertext links to the Web Site and Application. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your Web Site to the Web Site and Application, you must contact ObvioHealth to discuss mutually agreeable terms for such hyperlink.
OBVIOHEALTH PROVIDES CONTENT ON THE WEB SITE AND APPLICATION AS A SERVICE TO YOU. THE WEB SITE AND APPLICATION CANNOT AND DOES NOT CONTAIN INFORMATION ABOUT ALL MEDICAL CONDITIONS AND MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE WEB SITE AND APPLICATION IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR OWN PHYSICIAN.
OBVIOHEALTH MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND APPLICATION AND/OR ANY MATERIALS, CONTENT OR INFORMATION PROVIDED ON THE WEB SITE AND APPLICATION, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. OBVIOHEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND APPLICATION AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. OBVIOHEALTH DOES NOT WARRANT THAT THE WEB SITE AND APPLICATION, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER OBVIOHEALTH, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEB SITE AND APPLICATION OR (2) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
OBVIOHEALTH ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE AND APPLICATION OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE AND APPLICATION. IN NO EVENT SHALL OBVIOHEALTH BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE AND APPLICATION OR CONTENT FOUND THEREIN.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Although the Web Site and Application are accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. ObvioHealth makes no representation that materials on the Web Site and Application are appropriate or available for use in other locations. Those who choose to access the Web Site and Application from other locations do so on their own initiative and are responsible for compliance with local laws.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms shall be filed only in Orlando, Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating such claim or action.
You acknowledge and understand that the Application requires and utilizes phone service or data access to properly function. ObvioHealth does not charge for the use of Application, however carrier rates for phone or data service may apply and you are solely responsible for any such charges.
By using the Web Site and Application, you agree to indemnify ObvioHealth and its partners, officers, employees and agents and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Web Site and Application. By using the Web Site and Application, you are hereby agreeing to release ObvioHealth and its partners, officers, employees and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site and Application.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and ObvioHealth with respect to the Web Site and Application and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ObvioHealth with respect to the Web Site and Application. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Web Site and Application, and any use of the Web Site or Application after such revisions have been posted signifies your consent and agreement to the modified Terms.