This bluebird application (or "app") is provided free of charge to users by bluebird bio Inc ("bluebird") and Vitaccess Limited ("Vitaccess") for the purposes of a study (the "study") into patients with transfusion-dependent thalassemia ("TDT"). Together, bluebird and Vitaccess are referred to in these terms as "we" or "us".
Users (referred to as "you") are intended to be participants in the study who are over 18 and have been diagnosed with TDT or parents/guardians of participants between the ages of 12 and 17 (inclusive). The app collects information from you about your (or your child's) condition and its impact on you (or your child).
There are some rules for you to follow in using the app and its content, and some limitations on the extent to which you should rely on the app, all as set out below. We therefore request that you agree to the following terms, which are for the benefit of both bluebird and Vitaccess.
For information about how we use your personal data, please see the app privacy notice at: https://www.vitaccess.com/mythallog/privacy/
These terms may be updated from time to time. They were last updated on 28 July 2018.
1. Who we are
Vitaccess Limited is a company registered in England and Wales with company number 10642948.
Intellectual property rights (including copyright, database rights and trade marks) subsisting in relation to the app and its content are owned by Vitaccess Limited and its licensors.
bluebird bio, Inc. is a US company registered in Delaware with its company headquarters at 60 Binney St., Cambridge, Massachusetts 02142, USA.
Please contact us with any queries about these terms at: email@example.com
2. Acceptable use of the app
You agree that you shall:
(a) access and use the app only for the purposes of participating in the study, and you acknowledge the intention is for you regularly to participate in surveys;
(b) access and use the app using your own username and password, and keep your password confidential;
(c) provide us with accurate information to the best of your knowledge, and, if you are providing information about your child, make them aware of the use of such information by us and obtain their consent to such use;
(d) ensure that any information and other content which you input or upload into the app (or otherwise provide to us) do not include any unlawful content, including:
content which is obscene, abusive or defamatory; or
content which, when stored or used by us for the purposes of the study, infringes or breaches intellectual property rights (such as copyright), data protection or confidentiality obligations or any rights of privacy;
(e) not access, use, copy, modify or share the app or its content other than as permitted by us for the purposes of the study, nor attempt to reverse engineer, decompile or disassemble any of the app's software or technology;
(f) not make any unlawful or unauthorised use of the app or our (or our providers') equipment, software or networks, including:
attempting to gain unauthorised access;
introducing any virus or malware;
causing any denial of service attack, overloading or causing damage; or
committing any criminal, fraudulent or otherwise unlawful act;
(g) uninstall the app if you withdraw from the study, or if we cease to provide it for the purposes of the study or, if requested by us, install and use an upgraded version of the app in place of your current version;
(h) inform us promptly if you become aware of any misuse of the app; and
(i) comply with such additional rules as we may reasonably request in relation to the app and the study.
3. Limitations on the app and our liability to you
(a) We may, at any time, withdraw the app, or terminate or suspend your access to, or availability of, the app and its content (or any part of it). This may be done at our absolute discretion, including if you are not an eligible participant, if you do not regularly complete surveys, if you do not comply with these terms, for the purposes of repair, maintenance or updates, if there are changes to the study, or if you are withdrawn from the study by any other party (such as the study investigator or bluebird or Salus IRB).
(b) We may also, at any time, make changes to the app or any content.
(c) Whilst we seek to provide the app with reasonable care and skill, we do not guarantee its availability, accuracy or appropriateness for your specific needs. In particular, it is not intended to provide you with advice on your symptoms, and we do not routinely monitor your data to identify medical concerns. You should raise any medical concerns or issues with your clinician/physician/GP.
(d) We do not exclude or limit any liability to you for fraud, or for death or personal injury caused by our negligence, or any other liability which cannot lawfully be excluded.
(e) Subject to (d), to our obligations to provide the app with reasonable care and skill, and to our data protection obligations, we are not liable to you for:
any loss, damage or distress arising from reliance on information or reliance on availability of the app or other content; nor
any unavailability of data or information within the app (for example if you are unable to access information which you previously uploaded).