TERMS OF USE FOR MYCOVIDKEY

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THE MYCOVIDKEY TOOL (“TOOL”). BY USING THE MYCOVIDKEY TOOL, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE TOOL.

IMPORTANT: IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY SERVICES. The MYCOVIDKEY Tool is not designed or intended for use in the diagnosis or treatment of disease or other conditions, and the recommendations provided by the Tool do not constitute medical advice. Please consult your healthcare provider prior to making any decisions related to your health. The MYCOVIDKEY Tool is only intended for use in the United States.

IMPORTANT: The inputs for the Tool are entirely subjective. Because a user could have COVID-19 without symptoms, social risk factors or exposure risk factors, the risk status should not be relied upon as conclusive nor is it intended replace more objective tools available from health care providers.


1. General.

A. The MYCOVIDKEY Tool is made available, not sold, to you by Vanderbilt University (“Vanderbilt”) for use only under these Terms of Use. Vanderbilt retains ownership of the MYCOVIDKEY Tool itself and reserve all rights not expressly granted to you.

B. Vanderbilt, at its discretion, may make available future updates to the MYCOVIDKEY Tool. The MYCOVIDKEY Tool updates, if any, may not necessarily include all existing MYCOVIDKEY Tool features. The terms of these Terms of Use will govern any MYCOVIDKEY Tool updates provided by Vanderbilt to the original MYCOVIDKEY Tool.


2. Permitted Uses and Restrictions.

A. Subject to these Terms of Use, you may use the MYCOVIDKEY Tool solely for your personal, non-commercial use.

B. The MYCOVIDKEY Tool is not a medical device and should not be used as a substitute for qualified medical advice. It is not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of any condition or disease. Please consult your healthcare provider prior to making any decisions related to your health.

C. Compliance with Laws. You agree to use the MYCOVIDKEY Tool in compliance with all applicable laws.


3. Use of Data.

Vanderbilt will collect certain limited information to facilitate your usage of the MYCOVIDKEY tool, and to help Vanderbilt improve the tool over time. This may include data that could be used to personally identify you. By agreeing to our terms and conditions, and subsequently inputting this information into the MYCOVIDKEY website, you are providing your express consent for the collection of this information. This information will be used only by Vanderbilt and will not be shared with any outside parties.

A. What data is collected as part of my account creation?
As part of your account creation, you provide MYCOVIDKEY with a phone number, email address, first and last names, your birthday, and your zip code.

B. What data will be collected related to web app usage?
When a visitor comes to MYCOVIDKEY, we use browser sessions to uniquely identify that user (insofar as that user continues to use the same browser on the same device). As part of routine web app monitoring, and to further scientific understanding of digital health application usage, we identify actions (primarily page loads, clicks) you take within the tool.

C. What data will we compile as a result of the risk assessment?
From the completed risk assessment, we calculate a compiled risk score. This takes into account current symptoms of, and potential exposures to, COVID-19. This risk outcome is converted to a status that is presented qualitatively: "Clear", "Not Clear".

D. What data will we compile as part of the key-in feature?
When you key-in at a location, we will record your userID, the time, and the unique identification code of the barcode that you scanned. Using this information, we are able to link together your previous self-assessments, and the assessments of other users that have scanned into this location recently (i.e., contact tracing).

E. How is information is transmitted and stored?
All data is transmitted using secure protocols (HTTPS/SSL). All data is stored in a database that is access restricted to members of the Vanderbilt study team. Passwords are salted, peppered, hashed, and encrypted (AES-256) prior to storing in the database. The encryption key is securely stored and access to it is limited. We rotate encryption keys periodically for added security.
After the completion of the study, standard approaches to de-identification will render this information unidentifiable. This still allows us to determine individual users, but without the ability to reconstruct identifiable information.
When the study is complete, all data will be transferred from our database to a REDCap project, with access limited to study team members, for long-term storage. After successful transfer of this data, the original dataset with identifiers will be destroyed.
Any publication or other public disclosure would only use the de-identified dataset.


4. Risk of loss of privacy.

While precautions are taken to ensure data security, participation in the study has a potential risk of loss of privacy. This would include identifiers (such as name, email address, and/or phone number) that can be readily linked to information provided in your account, as well as your actions within MYCOVIDKEY (e.g., self-assessments, key-ins).
In the event of a data breach or infiltration of our database or web server, this unauthorized access would potentially result in access to your account information.


5. Termination.

You agree that Vanderbilt may, in its sole discretion and without prior notice, discontinue your access to the MYCOVIDKEY Tool and/or block your future access to the MYCOVIDKEY Tool.


6. Disclaimer of Warranties.

A. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE MYCOVIDKEY TOOL, ANY RECOMMENDATIONS OR GUIDANCE PROVIDED BY THE MYCOVIDKEY TOOL (“RECOMMENDATIONS”), AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE MYCOVIDKEY TOOL IS AT YOUR SOLE RISK.

B. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MYCOVIDKEY TOOL, RECOMMENDATIONS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VANDERBILT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MYCOVIDKEY TOOL, RECOMMENDATIONS AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

C. VANDERBILT DOES NOT WARRANT THAT THE RECOMMENDATIONS PROVIDED BY, THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MYCOVIDKEY TOOL WILL MEET YOUR NEEDS OR REQUIREMENTS, THAT THE OPERATION OF THE MYCOVIDKEY TOOL OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE MYCOVIDKEY TOOL OR SERVICES WILL BE CORRECTED.

D. CAUTION – YOU FURTHER ACKNOWLEDGE THAT THE MYCOVIDKEY TOOL, RECOMMENDATIONS, AND SERVICES SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE AND THE MYCOVIDKEY TOOL, RECOMMENDATIONS, AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE RECOMMENDATIONS, CONTENT, DATA OR INFORMATION PROVIDED BY, THE MYCOVIDKEY TOOL OR SERVICES COULD LEAD TO DEATH OR PERSONAL INJURY.


7. Limitation of Liability.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL VANDERBILT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MYCOVIDKEY TOOL, RECOMMENDATIONS, AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VANDERBILT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Vanderbilt’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.


8. Export Control.

You may not use or otherwise export or re-export the MYCOVIDKEY Tool except as authorized by United States law. In particular, but without limitation, the MYCOVIDKEY Tool may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the MYCOVIDKEY Tool, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the MYCOVIDKEY Tool for any purposes prohibited by United States law.


9. Controlling Law and Severability.

These Terms of Use will be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflict of law principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms of Use shall continue in full force and effect.