Terms of use

navify® My Care MOBILE APP TERMS AND CONDITIONS OF USE FOR USERS LOCATED IN THE UNITED STATES

The App is not a substitute for medical care and should not be used for emergencies or urgent matters that could affect your health. In the event of an emergency, call an emergency services telephone number, contact your health care provider directly, or go to the nearest emergency room.

Please read these Terms and Conditions of Use (“Ts&Cs”) carefully before using this navify My Care Mobile App (the “App”). These Terms and Conditions of Use together with the navify My Care Privacy Notice, available in the App and incorporated herein by reference (together, the – “Terms”), are a legal agreement and they govern your use of the App. By using the App, you are agreeing to be bound by these Terms. If you do not agree to these Terms, do not register for or use this App.

App Description and Purpose. This App is intended to be used solely for the purpose of enabling users to engage in their health and well-being. It allows users to enroll in care and wellness programs, communicate with their healthcare providers and systems, receive and visualize their data and wellness information, and respond to surveys. The App may be configured to work with other Roche and third-party products, solutions and services. The App is not intended for use by anyone under the age of 18. This App is not a medical device; it does not interpret or analyze clinical laboratory test results or other data, nor is it the primary source of health data. The personal health information transmitted through the App will not reflect your complete medical record, and should not be relied upon as a complete medical history.

The health information provided through the App is not a substitute for the advice of your doctor or other qualified healthcare provider. Always present any questions you may have regarding your test results, medical condition and/or treatment directly to your doctor or other healthcare provider. To the extent required by applicable medical devices law governing the use of the App, the App may only be operated or used exclusively as per the App purpose, specifications, and application areas as documented in these Terms.

Roche Group. F. Hoffmann-La Roche AG is a Swiss multinational healthcare company that operates worldwide through numerous affiliates (together - the “Roche Group”). In these Terms, “Roche”, “we” or “us” means:

(i) the App’s legal manufacturer: Roche Molecular Systems Inc.; 2881 Scott Blvd, Santa Clara, CA 95050; United States of America (the “Legal Manufacturer”);

(ii) the App’s enabler or distributor: a company-member of Roche Group other than the Legal Manufacturer that operates in the county where the App is made available to you (“Roche Affiliate”); and/or

(iii) Roche as service provider: Legal Manufacturer, Roche Affiliate and/or any other company-member of Roche Group that is providing services that are requested by you in relation to the App. This may include companies-members of Roche Group that are owned or controlled by the Legal Manufacturer, own or control Legal Manufacturer, or such that are owned or controlled by the ultimate parent company of Legal Manufacturer.

For more information about Roche Group and its affiliates visit: Roche | Worldwide.

User Registration. Upon your registration, which includes your agreement to the Terms, you will be able to access and use the App. It is your responsibility to protect your registration data from unauthorized access by third parties; or abuse or use with fraudulent intent. Roche has the right to block your account if we believe your usage hereunder constitutes a violation of law, abuse or fraud.

Use of the App. This App is offered to you free of charge. By completing the registration in the App, Roche grants you a limited, revocable, non-exclusive, non-transferable license to use the App for personal use in accordance with these Terms. You agree not to (i) license, distribute or sell the App; (ii) use the App contrary to its intended purpose; (iii) modify, alter, disassemble or reverse-engineer the App; (iv) remove Roche's proprietary notices; or (v) violate any applicable laws. Roche may terminate your access if you violate these Terms. ANY RIGHTS NOT EXPRESSLY GRANTED BY THESE TERMS ARE RESERVED BY ROCHE.

Third-Party Services. The App may include third-party content and links (“Third-Party Services”). Roche is not responsible for these services or their content, legality, or quality and assumes no liability for them. Your use of Third-Party Services is at your own risk and subject to their terms. You can find our App in app stores, where platform providers' terms apply. These do not form part of our Terms or our contract with you. This also applies to the terms of your mobile device or internet service provider."

App Updates; Modifications. Roche may modify, suspend, or discontinue the App or its services at any time without notice or liability. Roche may also provide updates, patches, and other modifications (“Updates”), which may change or remove features. Roche is not obligated to provide updates or maintain specific features. All updates are part of the App and subject to the Terms and may be implemented without prior notice.

Privacy, Data Security and Confidentiality. Roche takes its obligation to protect your privacy seriously and is committed to protecting the confidentiality of your personal and medical information. Please review the App Privacy Notice, which explains how Roche may use and disclose your personal and protected health information.

By registering to use the App, you acknowledge that you have read, understood and agree to the App’s Privacy Notice, and that you consent to the collection, use and disclosure of your data in compliance with such. Your continued use of the App will be your consent to our continued collection, use and disclosure of such data, as permitted. Please see the App Privacy Notice for information on what to do if you no longer wish for Roche to collect, use or disclose data.

Data Analytics. Roche collects non-personal information to help improve our products and services, as well as for internal research or other business purposes (“Roche Purpose”). This may include your feedback, aggregated data, analytics (such as what brand, type and model of device you are using), and other non-personal information resulting from your use of the App. The non-personal information collected and used for Roche Purpose will not personally identify you.

Roche Intellectual Property and Trademarks. Except for the limited license granted to you, all rights in the App, including patents, copyrights, trademarks, and related technology, are the exclusive property of Roche and its affiliates. Any feedback or suggestions you provide regarding the App become the sole property of Roche, which may use them for any purpose without credit or compensation to you. All content on the App, including text, graphics, logos, and software, is owned by Roche, its affiliates, or licensors and is protected by applicable laws. The compilation of this content is the exclusive property of Roche. Unauthorized use of the App, including text, graphics, logos, and software, or Roche name or trademarks is strictly prohibited.

Term and Termination. These Terms shall remain in effect until terminated by you or Roche. Roche may suspend or terminate your access to the App at any time with or without prior notice. You may terminate these Terms by deleting your account and removing the App from your device.

NO WARRANTIES. THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". USE THE APP AT YOUR OWN RISK. ROCHE DOES NOT WARRANT THE RESULTS OF USE OF THE APP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROCHE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY. NO ORAL OR WRITTEN ADVICE FROM ROCHE CREATES A WARRANTY. ROCHE DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED USE OF THE APP AND ASSUMES NO RESPONSIBILITY FOR IT. BY USING THE APP, YOU ACKNOWLEDGE YOUR INFORMATION MAY PASS THROUGH THIRD-PARTY INFRASTRUCTURE, FOR WHICH ROCHE PROVIDES NO SECURITY WARRANTY. BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS NOT BASED ON ANY WARRANTIES NOT EXPRESSLY STATED HEREIN. Some jurisdictions may not allow certain warranty exclusions or limitations, so these may not apply to you.

IN NO EVENT SHALL ROCHE BE DEEMED TO BE ENGAGED IN THE PRACTICE OF MEDICINE OR THE DISPENSING OF MEDICAL SERVICES, NOR SHALL ROCHE BE RESPONSIBLE FOR ANY MEDICAL INTERPRETATIONS OR DECISIONS MADE BY YOU OR ON YOUR BEHALF.

Limitation of Liability; Indemnity. YOUR USE OF THE APP IS VOLUNTARY AND AT YOUR OWN DISCRETION. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO STOP USING THE APP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROCHE AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOST PROFITS, LOST INCOME, LOST DATA, OR BUSINESS INTERRUPTION). THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE ON INFORMATION PROVIDE THROUGH THE APP, MISDIRECTION OR INTERCEPTION OF INFORMATION, OR INTENTIONAL OR UNINTENTIONAL BREACHES OR ACCESS OCCURRING BECAUSE YOU PERMITTED OTHERS TO ACCESS YOUR MOBILE DEVICE OR YOUR ACCOUNT. Some jurisdictions may not allow these limitations.

You agree to indemnify, and hold harmless Roche and its affiliates from any and all losses, claims, demands, suits, actions, liabilities, judgments, damages, costs, and expenses (including reasonable attorney fees) arising from your violation of these Terms or any applicable laws, or any negligent or wrongful act or omission by you, your dependents, or your agents.

Waivers; Severability. A waiver of any breach of these Terms does not waive any future breach or affect other Terms. Roche’s failure to enforce any right or provision is not a waiver. If any provision is found invalid, it will be modified to reflect the parties' intentions, and the remaining Terms will stay in effect.

Modification to these Terms. We reserve the right to change these Terms to meet legal, technical, or user needs. Changes can occur at any time and will be published appropriately before taking effect. If legally required, email notification to your registered address is sufficient. Modifications by you are only binding if made in writing and signed by an authorized Roche representative.

Governing Law. If your primary place of residence is within the United States of America, then the laws of the State of California, United States, excluding its conflicts of law rules, shall govern these Terms and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Contact Information. If you are experiencing an issue using this App on your iOS or Android device, please contact Roche Technical Support via the link available in the App. If you have any questions about your symptoms or medical condition, please contact your healthcare provider. In the event of an emergency, call an emergency services telephone number, contact your healthcare provider directly, or go to the nearest emergency room.