Effective:  Nov. 12, 2021

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS APP.

YOU MUST BE 18 YEARS OF AGE OR OLDER TO ACCEPT THESE TERMS OF USE AND DOWNLOAD THE APP.

BY CLICKING ON THE "AGREE" BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT DOWNLOAD, ACCESS OR USE THE APP.

These Terms of Use, together with Genentech’s Privacy Policy (collectively, these “Terms”)  describe the terms and conditions that apply to your (“you” or “your”) use of the mVTx app (“App”), which is owned and operated by Genentech, Inc. (“Genentech”, “we”, or “our”).  These Terms apply to the App (including its content, features, and functionality) as well as any interactive services and/or data submission/collection provided through the App (collectively, the “Services”).

The Terms are distinct to any terms that govern your participation in  ML43000 (also known as the Belvedere study) (“Clinical Trial”). These terms apply to those persons who directly participate in the Clinical Trial (“Participants”) as well as those persons who assist Participants’ use of the App and otherwise aid the Participants in completing the Clinical Trial (“Users”). The App is a mobile application that allows Participants and Users to submit information about Participants’ vision for purposes of their participation in the Clinical Trial.

These Terms are a legally binding agreement between you and Genentech governing your use of the App and Services.  Your use of the App and Services is entirely voluntary.

THIS APP AND THE SERVICES ARE PROVIDED SOLELY FOR PURPOSES OF YOUR PARTICIPATION IN THE CLINICAL TRIAL AND ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, CARE, OR TREATMENT.  DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A LICENSED HEALTHCARE PROVIDER AS A RESULT OF  YOUR USE OF THE APP AND/OR SERVICES.  DO NOT USE THE APP OR SERVICES FOR MEDICAL NEEDS.  IF YOU HAVE A MEDICAL EMERGENCY, PLEASE DIAL 911 IMMEDIATELY. 

The App can be found in the Apple App Store or Google Play store. The devices and operating systems that are compatible with the App can be found in the app stores.  Genentech does not warrant that the App will be compatible with all operating systems or devices.  Access to the App also shall be subject to the usage terms set forth in the Apple or Google, as applicable, Terms of Service.

Use of the App and Services require an online connection (Wi-Fi or cellular data) between your mobile device and the Internet. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider. Some of the features within the App may be dependent on your wireless service and the wireless coverage within the area in which you are located at that time.

1.         MODIFICATIONS TO THE TERMS OF USE

Genentech may update, change, modify, or revise the Terms at any time and for any reason.  Any changes will become effective upon posting in the App, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms.  Your continued access to and/or use of the App and Services after any such modification constitutes your acceptance of these Terms as modified.  If any modification to the Terms is held to be invalid, void, or unenforceable for any reason, such modification shall be deemed severable and shall not affect the validity and enforceability of the rest of the Terms.

2.        USE OF THE APP AND SERVICES

This App and the Services are provided solely for informational purposes in connection with your participation in the Clinical Trial.  

The App cannot replace consultation with, or diagnosis, care, and treatment by a licensed healthcare provider.

This App is not a medical device and should not be used as such, including, without limitation, in or for any life sustaining or lifesaving treatment, decision, or system.  You acknowledge that the App does not provide, and is not intended for use in connection with, health-related or medical advice, or to provide, support, or replace any diagnosis, recommendation, advice, care, treatment, supervision, or decision by a licensed healthcare provider.  Before making any medical or health-related decisions, you and/or any Participant should consult a licensed healthcare provider.  

If you are a User, your assistance to the Participant and indirect participation in the Clinical Trial has been explained to you and/or you were given the opportunity to ask questions about any part of the Clinical Trial.  You acknowledge that you are free to withdraw your assistance related to the Clinical Trial at any time.

3.         PRIVACY POLICY

Please review the Genentech Privacy Policy  (the “Privacy Policy”) to understand Genentech’s privacy practices regarding your use of the App.  

In addition, you acknowledge and understand that the App permits Participants and Users to collect images of the Participants’ eyes for the purpose of obtaining visual information around a medical device’s location. You further acknowledge and agree that the images collected through the App and Services do not contain and are not used to create biometric identifiers (e.g., a “scan” of a retina or iris that could uniquely identify a Participant). You agree and understand that the rights which may attach to biometrics identifiers in certain jurisdictions shall not apply to the images collected through the App and Services for the Clinical Trial.

4.        ACCOUNT AND SECURITY 

By entering any information in, or submitting any data through, the App, you represent, warrant, and agree that you (a) are at least 18 years of age or older, (b) are using your actual identity, (c) have provided and will maintain only true, accurate, current, and complete information in connection with the App and Services, and (d) will maintain the strict confidentiality of your account username and password to access to the App and/or Services, and will not allow any other person to use your username and password.  Genentech is not liable for any loss or damage arising from your failure to comply with these obligations. If you wish to cancel a username or password, or if you become aware of any loss, theft, or unauthorized use of a username or password, please notify Genentech and the principal investigator immediately.  

5.         REPRESENTATIONS AND WARRANTIES

You represent and warrant as follows:

  • You are acting on behalf of yourself and/or a Participant in a personal or household capacity and that you will use App solely as authorized herein;
  • You will input accurate information about yourself and/or the applicable Participant. If you discover any inaccurate information in App, whether about yourself or a Participant, you agree to take all reasonable steps necessary to correct such inaccurate information;
  • You will access and use the App and Services strictly in compliance with these Terms and all applicable laws and regulations; and

You acknowledge and agree that Genentech is not responsible if you do not use the App and/or Services as intended.

6.        APP UPDATES; MODIFICATIONS

From time to time, Genentech may automatically update the App and/or change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively Genentech may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and/or the Services, which may affect your and/or a Participant’s ability to participate in the clinical trial.

Additionally, Genentech may, for any reason, in its sole discretion, change, modify, limit, suspend, or discontinue any aspect of the App or Services.

7.         LIMITED LICENSE

The App and/or Services are for your personal and/or household use only.

Genentech grants you a limited, personal, non-transferable, non-assignable, non-sublicensable, non-exclusive, royalty-free, and revocable license to (a) download, install, access, and use the App and the Services solely as specified in these Terms, and (b) use the software embedded in the App (the “Software”) on a mobile device owned or otherwise controlled by you for your personal, non-commercial purposes to support your permitted use of the App and Services.  No license is granted to any third party and you have no right or license to make the App available to anyone else, or to use the App or Services for the benefit of another except with respect to a User using the App and Services on behalf of a Participant ​​ and in accordance with the Clinical Trial.

No license or right is granted in these Terms or otherwise to use any trade name, trademark, or logo of Genentech or its affiliated companies.

Any feedback, comments, input, or suggestions you may provide to Genentech regarding the App and/or Services is entirely voluntary. Genentech is free to use such feedback, comments, input, or suggestions without any obligations to you.

8.        USE RESTRICTIONS

You agree not to:

  • access or use the App, Services, or Software, in whole or in part, except as expressly permitted in these Terms;
  • sell, rent, lease, sublicense, loan, provide service bureau or timeshare services, distribute, or otherwise transfer the App, Services, or Software;
  • copy, reproduce, translate, merge, adapt, vary, alter, modify, or create derivative works from the App, Services, or Software;
  • disassemble, de-compile, reverse engineer, or otherwise attempt to access the source code of the Software;
  • remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the App, Services, or the Software;
  • use the App, Services, or Software for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • attempt to or actually interfere with any access control or authentication measures or attempt to disable or circumvent such security features;
  • transmit any material that is defamatory, offensive, or otherwise objectionable;
  • attempt to or actually use the App, Services, or Software in a way that could damage, disable, overburden, impair, or compromise Genentech’s or its providers’ systems or security or interfere with other App users;
  • use the App, Services, or Software in any way that is competitive with or harmful to Genentech or its affiliates;
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Genentech, its affiliates, or any other person or entity.

Any unauthorized or prohibited use automatically terminates the license granted to you hereunder and your right to access and use the App, Services, and Software.

9.        OWNERSHIP

The App and collected images are proprietary to Genentech and its affiliates, and Genentech is, unless otherwise stated, the owner or licensee of all copyright, trademark, patent, trade secret, database and other proprietary rights in and to the App, Services, and Software (“App IP”).

Except for the limited rights expressly granted in these Terms, nothing herein shall be construed to confer to you a right or license in or to any App IP, whether by estoppel, implication, or otherwise.  Genentech will enforce its rights in and to the App IP, including seeking criminal prosecution.  

10.         DISCLAIMER OF WARRANTY

THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, GENENTECH DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, APPLICABLE OR RELATING TO THE APP, SERVICES, AND THE RESULTS THEREOF, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, PERFORMANCE, COMPLETENESS, CORRECTNESS, AND DELAYS. GENENTECH DOES NOT WARRANT THAT USE OF THE APP AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR FREE FROM ERRORS, LOSS OF DATA, CORRUPTION, ATTACK, VIRUSES, OR HACKING, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN THE EVENT OF ANY PROBLEM WITH THE APP OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APP AND THE SERVICES.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL GENENTECH , ITS AFFILIATES, OR ITS OR THEIR PARTNERS OR PROVIDERS BE LIABLE TO YOU OR THIRD PARTY FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE APP, THE SERVICES, THE SOFTWARE, OR THESE TERMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF GENENTECH  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS ARE THE BASIS FOR THE BARGAIN OF GENENTECH’S PROVISION OF, AND YOUR USE OF, THE APP AND SERVICES, AND APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. INDEMNIFICATION 

You agree to indemnify, defend, and hold harmless Genentech, its affiliates, and its and their directors, officers, employees, agents, and representatives from and against any and all third party claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and costs), judgments, settlements, and penalties of every kind arising from: (a) your breach of these Terms; or (b) any inaccurate or incomplete data, or any virus, worms, spyware, back door, Trojan horse or other malicious code, transmitted by you in connection with your access to and use of the App and Services.

13. ELECTRONIC COMMUNICATIONS

If you send e-mails to Genentech, you are communicating with us electronically. You consent to receive communications from us electronically.  Otherwise, we will communicate with you by posting notices on the App or via the principal investigator. You agree that all agreements, notices, disclosures, and other communications that Genentech provides to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date Genentech transmits any such electronic communication.

14. TERMINATION

These Terms are effective until terminated by you or Genentech.  You may terminate these Terms by discontinuing use of the App and the Services.  Your rights hereunder will terminate automatically and without notice from Genentech if you fail to comply with these Terms, as determined by Genentech, or if you cease to participate in the Clinical Trial.  Upon termination of these Terms for any reason, you shall cease all use of the App, Services, and Software, and destroy all copies, full or partial.

15.        GEOGRAPHIC RESTRICTIONS

The App and the Services are controlled, operated, and administered by Genentech from offices within the United States.  You acknowledge that you may not be able to access all or some of the App and/or Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries.  If you access or use the App or Services from locations outside the U.S., you are responsible for compliance with local laws and regulations pertaining thereto.  

16.        NOTICES 

All formal notices to Genentech shall be sent to Genentech via the Principal Investigator for your clinical trial.

All notices to you shall be sent to the email address provided for at registration of the App.

17.        GOVERNING LAW/JURISDICTION/CLAIM LIMITATION

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

In the event that any dispute, claim, or controversy arises between you and us with respect to the App, Services and/or these Terms (“Dispute”), you agree to first provide us with notice thereof via via the Principal Investigator for your clinical trial so that we may attempt to resolve the Dispute informally with you within sixty (60) days from the date we receive such notice.

If a Dispute is not resolved within such 60 day timeframe, you agree to resolve such Dispute in the federal district courts in the State of California, and you consent to personal jurisdiction and venue in such court and waive all rights to object thereto and defenses in connection therewith.  Any cause of action brought against Genentech must be commenced within one (1) year after the claim or cause of action arose.    

18. GENERAL

Your rights hereunder are not assignable or transferable, by operation of law or otherwise. Any purported assignment or transfer in violation thereof will be null and void at its inception. Genentech may assign all or part of its rights and/or delegate all or part of its duties under these Terms at any time.

If, for any reason, a court of competent jurisdiction determines any provision of these Terms or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms shall continue in full force and effect.  Genentech’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Genentech hereof will be deemed effective unless in writing.  Genentech shall not be liable for any delays or failure in performance of any part of the App or the Services from any cause beyond Genentech’s reasonable control, including, but not limited to, acts of God, changes in law, embargoes, war, terrorist acts, riots, fires, earthquakes, pandemics, epidemics, nuclear accidents, floods, strikes, power blackouts, telecommunications failures, unusually severe weather conditions, and acts of hackers or third-party service providers.

These Terms, as currently posted, constitutes the entire agreement between Genentech and you with respect to the App and the Services and supersedes all previous written or oral agreements relating to the subject matter hereof.

19.        CONTACT US.

If you have any questions or concerns regarding the App, the Services, or these Terms, please contact your or the applicable Participant’s clinical coordinator.