When I applied to join the study, I found the TOS:
MIRO TERMS OF USE
Statement of Rights and Responsibilities
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: October 18, 2017.
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “TOS”) derives from The Cognitive Healthcare Company’s (“Miro” or “we”) Mission, and is our Terms of Service that governs our relationship with users who interact with Miro and Miro Products and Services. By using or accessing Miro Products and Services, you agree to this Statement, as updated from time to time in accordance with Section 10.
Privacy
Your privacy is very important to us. We designed our TOS to make sure that you understand how you can use Miro to obtain information about your brain function, to share your data with others and how we collect and can use your content, data and information. We encourage you to read the TOS and to use it to help you make informed decisions. You must agree to the TOS in order to use Miro products and services.
Description of Miro products and services
The Services include access to Miro applications and services, and may include the collection and analysis of your image, voice, touchscreen and gyrometer interactions for the purpose of accurately characterizing your brain function, data mining and data analysis. Each new feature that augments or enhances the current Service shall be subject to the TOS, unless stated otherwise. You acknowledge and agree that the Services are provided AS IS and are based on the current state of the art of behavioral research and technology in use by Miro at the time of your purchase or viewing.
Miro is continually innovating in order to provide the best possible experience and the most robust information for its users. You acknowledge and agree that the form and nature of the Services which Miro provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Miro may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Miro’s sole discretion, without prior notice to you.
Miro assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
User response
You are aware that viewing results may provoke strong emotions. You will not hold Miro responsible for any negative emotional consequences that you experience from interacting with Miro products and services or from receiving results of your data analysis, be they diagnostic or non-diagnostic.
Miro Usage considerations
We do our best to provide you with educational and informative non-diagnostic results about your cognitive, emotional, social and motor function. You may make incorrect assumptions about your health based on data Miro provides to you. We recommend against making your own health-related conclusions based on these results.
Diagnostic, therapeutic and rehabilitative analyses can only be provided to your clinician. Patients must work with clinicians to obtain analyses that convey diagnostic, therapeutic or rehabilitative information.
Use of Data
DATA COLLECTION
You guarantee that the information and data you provide is your own; if you agree to the TOS on behalf of a person for whom you have legal authorization, you confirm that the information provided will be the information of that person.
You give Miro permission to collect and analyze your voice, body movement, facial expression, finger movements, touchscreen, gyrometer and questionnaire data in order to quantify your cognitive, emotional, social and motor function and to share your results with others who you authorize.
We may ask you for demographic information and other information that may personally identify you such as your name and date of birth. Miro will never provide information that identifies you by name or email to any third party without receiving your consent to do so, unless required by law.
We may ask you for information about your medical history, for example whether you have or have had a cognitive condition.
We may collect information about the devices that you use to access Miro Services. For example, we may collect and store information such as device type, IP address, operating system, and the date and time of use.
USE OF DATA
All of the data collected through Miro products and services is processed and stored for future use. When you use Miro products and services, you agree to the Miro TOS and for Miro to share your data with Miro employees, contractors and collaborators. Miro has relationships with academic research centers as well as therapeutic developers. Your de-identified, anonymized data may be shared with these collaborators for scientific purposes.
We appreciate your use of Miro products and services as well as your feedback and suggestions; you understand that we may use your contributions freely for Miro research or commercial products without any obligation to acknowledge or compensate you for them (just as you have no obligation to offer them). You understand that Miro has sole rights to any knowledge or property derived from your information.
RESEARCH PARTICIPATION
If your information or data was collected as part of a research study that involved a separate consent form, then the rules of usage defined by that consent form supersede the rules of our Terms Of Service.
Data security
HOW Miro KEEPS YOUR DATA SECURE
We have implemented and maintain reasonable security practices to protect against the unauthorized access, use, modification, destruction or disclosure of your personal information. However, no method of transmission or storage is completely secure, and we therefore cannot guarantee absolute security.
HOW YOU CAN HELP KEEP YOUR DATA SECURE
Unless enrolled in a research study that specifies otherwise, you will create an account with a username and password. We rely on you to maintain the confidentiality and to help maintain the security of your account.
You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account or allow the collection of data from your account by anyone other than you.
After using our products and services, you ensure that you will exit from your account at the end of each session.
You will immediately notify Miro of any unauthorized use of your account, username or password or any other breach of security.
You will not solicit login information nor access an account belonging to someone else.
You agree that Miro is not responsible for the actions of parties to whom you have intentionally or inadvertently granted account access.
You will not contribute viruses or other malicious code.
You will not do anything that could disable, overburden, or impair the proper working or appearance of Miro products or services, such as a denial of service attack or interference with application delivery or function, web page rendering or other Miro functionality.
You will not facilitate or encourage any violations of this Statement or our policies.
Registration and account security
Miro users who are not enrolled in a research study, may provide their real names and other personal information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on Miro.
You will not create an account for anyone other than yourself, unless requested by the person or by a clinician as a caregiver of the person whose information will be gathered.
You will not create more than one personal account.
You will not create or deliberately use more than one account during any one-year period.
If we disable your account, you will not create another account without our permission.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account or allow the collection of data from your account by anyone other than you.
You will not transfer your account.
Protecting your rights and the rights of others
We respect people’s rights and expect you to do the same. You agree that you will not use any Miro trade mark, service mark, trade name, logo, or any company or organization in a way that is likely to cause confusion about the owner or authorized user of Miro marks, names or logos without Miro approval.
Mobile and other devices
While we don’t charge for the use of our product via mobile devices, please be aware that your carrier’s normal rates and fees, such as data charges, still apply.
Amendments
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Miro outside the United States:
Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice (for example, by posting the change on our website).
If we make changes to policies referenced in or incorporated by this Statement, we may provide notice on our website.
Your continued use of Miro following changes to our terms constitutes your acceptance of our amended terms.
Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Miro products and services to you. We will notify you by email, phone or letter or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 3-9, 11-16.
Likewise, if you engage in suspected abusive, fraudulent, malicious or illegal activities, Miro may terminate your use of products and services and may refer you and an account of your activities to legal authorities.
You agree that Miro shall not be liable to you or any other party for the termination of your access to Miro products and services.
Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Miro exclusively in the U.S. District Court for the Northern District of California or a state court located in San Francisco County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, data or information on Miro, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions with regard to Miro products and services and are not responsible for the data or information users transmit or share on Miro. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Miro. We are not responsible for the conduct, whether online or offline, or any user of Miro.
WE TRY TO KEEP Miro PRODUCTS AND SERVICES AVAILABLE AT ALL TIMES, BUG-FREE, AND SAFE, BUT YOU USE OUR PRODUCTS AND SERVICES AT YOUR OWN RISK. WE ARE PROVIDING Miro PRODUCTS AND SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Miro WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Miro WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Miro IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Miro, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Miro WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Miro’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special provisions applicable to software and applications
If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
Special provisions applicable to users outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Miro outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not use Miro if you are prohibited from receiving products, services, or software originating from the United States.
Other
This Statement makes up the entire agreement between the parties regarding Miro and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Miro.
Definitions
By “The Cognitive healthcare Company” or “Miro” we mean the products and services, features and functions we make available, including (a) through our apps and website and any other branded or co-branded websites; (b) our Platform; © other media, software, devices, or networks now existing or later developed.
By “platform” we mean a set of APIs and services (such as data and analytics) that enable others to retrieve data and information from Miro or provide data to us.
By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Miro products and services.
By “content” we mean anything contributed to Miro by you or others that would not be included in the definition of information.
By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can provide to Miro through our tools and services.
By “use” we mean interact with, use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “application” we mean any application or website that uses or accesses the Miro Platform, as well as anything else that receives or has received data from us. If you no longer access to Miro products and services but have not deleted all data from us, the term application will apply until you delete the data.