Terms and conditions

[NAME] Vititrack

[OWNER] Incyte Biosciences International Sàrl (“Incyte”)

[DESCRIPTION OF APP]

This is a smartphone mobile application for users in Europe only. Check that the Vititrack mobile application and the Services are suitable for you. The Vititrack mobile application and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Vititrack mobile application and the Services (as described on the appstore site) meet your requirements.

The Vititrack mobile application is provided by Incyte and is intended only for adult users in Europe. Incyte uses service providers to maintain the Vititrack mobile application for the benefit of Incyte. The Vititrack mobile application is intended to help patients follow directions provided by healthcare providers. The Vititrack mobile application allows you to track your Vitiligo by taking photos of certain treatment areas of your body and comparing over time, as well as recording your perception of progress based on the Vitiligo noticeability scale (“VNS”). The images can be converted into time-lapse videos. In addition, users shall be able to set reminders to take your treatment as necessary.

The Vititrack mobile application is intended to capture information to help inform discussions with healthcare providers. The Vititrack mobile application does not diagnose, assess risk, or recommend treatment and nor is it intended for diagnosis, monitoring, treatment, or prevention of a disease or condition.

THE VITITRACK MOBILE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE AND IT IS NOT A MEDICAL DEVICE.

App Privacy

The Vititrack mobile application owner, Incyte, and its developer indicated that the mobile application’s privacy practices may include handling of data as described below. To help you better understand the owner’s responses, see Privacy Definitions and Examples. Privacy practices may vary, for example, based on the features you use. This information has not been verified by Apple or Google. For more information, see the mobile application owner’s privacy policy.

By clicking "I AGREE" within the application, you agree to and accept the following terms governing your registration and use of the Application. If you do not agree to these terms, click on the "REJECT" button within the application.

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND INCYTE BIOSCIENCES INTERNATIONAL SÀRL (“INCYTE”, “WE” OR “US”).

NO MEDICAL ADVICE NOR MEDICAL DEVICE
THE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A MEDICAL DEVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICES IMMEDIATELY.
Your use of the Application and any information produced by the Application is at your own risk. The Application and the information produced by the Application is intended for informational and educational use only. The Application does not provide medical advice, does not provide a diagnosis or other recommendation for treatment and is not a substitute for the professional judgment of a Healthcare Professional in the diagnosis and treatment of any person. The determination of the need for medical services and the types of health care to be provided to a patient are decisions that should be made only by a physician or other licensed healthcare professional. Always seek the advice of a physician or other qualified healthcare professional with any questions you have regarding a medical condition. Incyte accepts no responsibility for your reliance on information resulting from use of the Application
USE OF THE SERVICES
By accessing or using any Incyte website with an authorized link to this Agreement (“Site”) or downloading, installing or using the Application with an authorized link to this Agreement (“Application”), accessing or using any content, information, services, features or resources available or enabled via the Site or Application (collectively with the Site and Application, the “Services”), clicking on a button or taking any other action to signify your acceptance of this Agreement, you agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time through the Site and Application and represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any minor child for whom you are the parent or legal guardian, or any company, organization or other legal entity, on whose behalf you use the Services and to bind that person and/or entity to this Agreement. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for your use. You agree to monitor and to restrict the use by unauthorized Users and agree not to share with anyone. You agree not to use the Application if you previously have been banned from using any of the Services. Incyte reserves the right to remove, deactivate or reclaim the Application at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in the Application and its content are owned by and are to the benefit of Incyte. YOU WILL BE RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES WHETHER OR NOT SUCH ACCESS TO AND USE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. References to “you,” “User” and “Users” in this Agreement refer to all individuals and other persons who access or use the Services, including, without limitation, any companies, organizations or other legal entities that register accounts or otherwise access or use the Services through their respective employees, agents or representatives. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
DESCRIPTION AND USE OF THE SERVICES
The Services are intended only for adult users in Europe and include real-time tools that allow Users to receive reminders to take photos, thus allowing Users to take pictures of their Vitiligo over time and to convert those pictures into time-lapse videos as well as recording your perception of progress based on the Vitiligo noticeability scale (“VNS”). The Services also allow Users to set treatment reminders as may apply. The photos and videos can be saved locally to the User’s mobile device, but nothing can be shared directly from the Application, and nothing is saved directly in the Application. The Application is a standalone application that runs exclusively on the User’s device, it does not connect to the internet and does not rely on any external infrastructure .The Application is intended to capture information to help inform discussions with healthcare providers. The Application does not diagnose, assess risk, or recommend treatment and nor is it intended for diagnosis, monitoring, treatment, or prevention of a disease or condition.
MODIFICATION
Incyte reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
SUSPENSION / TERMINATION / SURVIVAL
Incyte may cease operation of the Application and any function, service or material we provide on or through the Application in their sole discretion and without notice to you and without liability to you or any third party. Incyte will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. In addition to suspending or terminating your access to the Services, Incyte reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature are intended to survive, shall survive termination of this Agreement, including without limitation, this termination provision and the provisions regarding intellectual property ownership, feedback, warranties, warranty disclaimers, limitation of liability, indemnity, and dispute resolution.
LIMITATION OF LIABILITY
SAVE FOR LIABILITY THAT CANNOT BE EXCLUDED OR RESTRICTED BY LAW DUE TO NEGLIGENCE, IN NO EVENT WILL INCYTE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR DIRECTORS: (I) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION OR ANY CONTENT ON THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT , BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Incyte, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement, your use of the Application, including, but not limited to, any use of the Application’s content, services, and products or your use of any information obtained from the Application, your violation of any rights of Incyte, including any intellectual property or privacy right, or any violation of any laws, rules, or regulations. Incyte reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Incyte in asserting any available defenses. You agree that the provisions in this Section will survive any termination of this Agreement or your access to Services.
OWNERSHIP OF AND LICENSE TO USE SERVICES
1. Use of the Services
  Except with respect to user content , Incyte and its suppliers and service providers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, Incyte grants you a limited license to use the Services. Incyte and their suppliers and service providers reserve all rights not granted in this Agreement.
2. Trademarks
  Incyte's stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Incyte and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
RESTRICTIONS ON USE OF THE SERVICES
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Services or any portion of Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Incyte’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services; (f) you shall not access Services in order to build similar or competitive products or services; (g) except as expressly stated herein, no part of Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections of the Services; (j) you will not take any action that imposes or may impose (in our sole determination) an unreasonable or disproportionately large load on our technical infrastructure; (k) you will only use the Services for a lawful purpose; and (l) you will not interfere with or attempt to interrupt the proper operation of the Services through any virus, device, information collection or transmission mechanisms, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means. Any future release, update or other addition to Services shall be subject to this Agreement. Incyte reserves all rights not granted in this Agreement. Any unauthorized use of Services terminates the licenses granted by Incyte pursuant to this Agreement. The foregoing sentence is not exclusive of any other rights or remedies that may be available to Incyte under law, equity or otherwise.
DISCLAIMER OF WARRANTIES AND CONDITIONS
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. INCYTE AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INCYTE AND ITS SERVICE PROVIDERS MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON THE SERVICES ARE ACCURATE; (3) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (4) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
2. THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. INCYTE AND ITS SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SERVICES. INCYTE RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AT ANY TIME WITHOUT NOTICE.
3. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PRIVACY
We Respect Your Privacy
By downloading and using the Application, you acknowledge you have read and accepted the Privacy Notice that is an integral part of this Agreement with you. Incyte will not collect any of your personal data, including any images or time-lapses or VNS scores, through the Application. The Application only allows you to view your Vitiligo related pictures, generate time-lapses from said pictures or set VNS scores. These are all saved exclusively on your device subject to the security settings set by you for your device and for which Incyte may not be held responsible.
You can learn more about Incyte’s data protection practices here. Please contact our Data Protection Officer (privacy@incyte.com) if you have any questions or concerns or would like to exercise your privacy rights.
We are not responsible for other websites you link to
The Application or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
JURISDICTION
To the extent the parties are permitted under this Agreement to initiate litigation in a court, you and Incyte agree that all claims and disputes arising out of or relating to this Agreement or the Services will be litigated exclusively in the courts located in Lausanne, Switzerland. YOU AND INCYTE EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM UNDER THIS AGREEMENT.
GOVERNING LAW
This Agreement and any action related thereto will be governed and interpreted by and under the laws of Switzerland, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
SEVERANCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
DELAY
Even if we delay in enforcing this Agreement, Incyte can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
MORE INFORMATION AND FAQs
For more information, please visit https://app.uncovervitiligo.com. PLEASE DO NOT EMAIL ANY CONFIDENTIAL INFORMATION TO INCYTE.
EXPORT CONTROL
You may not use, export, import, or transfer Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws including but not limited to, EU export controls according to EU Regulation 428/2009 (as amended) and any other EU sanctions controls, laws, orders and regulations as well as sanctions laws, orders and regulations of Switzerland. In particular, but without limitation, Services may not be exported or re-exported (a) into any United States 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’s Denied Person’s List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
OTHER TERMS
18.1 THIRD PARTY BENEFICIARIES
Incyte’s service providers are intended third-party beneficiaries to this Agreement and are entitled to enforce any applicable provisions of this Agreement as if they were a party hereto.
18.2 BACK-UP CONTENT
We recommend that you back up any content used in connection with the Application to protect yourself in case of problems with the Service. You alone shall determine and be responsible for whether you need back-up any content used in the connection with the Application or Service.