MYDATACAN PLATFORM TERMS OF SERVICE

Welcome to MyDataCan, an online platform offered by the Data Privacy Lab at Harvard University (“Harvard”).

  1. MyDataCan. The MyDataCan Public Health Edition to Combat COVID-19 platform (the “Platform”) is an online platform offered by the Data Privacy Lab at Harvard University. The purpose of the Platform is to create a secure and privacy-principled ecosystem where: 

    • Software developers can write apps that help users use their own data to live better lives and to protect themselves, their family and friends, and members of the surrounding community during the COVID-19 public health emergency; and 
    • As a condition of accessing these apps, users contribute location information, including identifiable information about themselves, that enables apps to function and the Platform to achieve its public health function.

    This document refers to apps that MyDataCan allows to access the Platform as “Affiliated Apps.” Here is how the Platform works:

    In order to use any Affiliated Apps on the MyDataCan Platform, you will need to authenticate into the Platform using Harvard Key. You will be able to access a dashboard (the “Dashboard”). The Dashboard will show you the following information:

    • A list of all the identifiable information about you that is stored in the Platform (“your MyDataCan Data”).
    • A list of all the Affiliated Apps available on the Platform, including for each Affiliated App:
      • A description of what the Affiliated App does.
      • A list of information that the Affiliated App collects and deposits into the for MyDataCan Platform.
      • A list of information in MyDataCan that the Affiliated App accesses in order to operate.
    • A list of all the Affiliated Apps to which you have subscribed.

    You will be able to use the Dashboard to subscribe and unsubscribe to Affiliated Apps. When you subscribe to an Affiliated App, the Platform will make your MyDataCan Data available for the Affiliate App to access, as needed to operate the app. The Platform will not allow an Affiliated App to access any of your MyDataCan Data unless (1) the data is listed on the Dashboard as information that the Affiliated App needs to access in order to operate; and (2) you are subscribed to the Affiliated App. If you unsubscribe from the Affiliated App, the app will not be allowed further access to your MyDataCan data.

    You may also download and use Affiliated Apps separately — that is, without using the Dashboard. Each Affiliated App will require its users to click through a {subscribe} button in order to use the app. If you click through a {subscribe} button inside an Affiliated App, the Dashboard will show that you have subscribed to that Affiliated App. If you want to unsubscribe from an Affiliated App, you can do so through the Dashboard.

    MyDataCan will also make your MyDataCan Data available to Harvard University Health Services to access and use in support of its contact tracing efforts directed at protecting the University community and surrounding communities during the COVID-19 public health crisis.

  2. Appropriate Use/ Conduct. You agree that you are responsible for your own use of the Platform and the Affiliated Apps. You agree that you will use the Platform and the Affiliated Apps in compliance with these Terms of Service and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

    In addition, you agree that you will not: 

    • Impersonate any other person, including by establishing a User Account under another person’s name or using another person’s personal information;
    • Provide false, misleading, or inaccurate information to the Platform;
    • Reverse-engineer the Platform or any Affiliated App;
    • Use the Platform or any Affiliated App in any manner intended to damage, disable, overburden, interfere with, or disrupt any part of the Platform, any Affiliated App, the computer equipment or network(s) connected to the Platform, or any other User’s access to or use of the Platform or any Affiliated App; 
    • Attempt to gain unauthorized access to the Platform, other User Accounts, any Affiliated App, or the computer equipment or networks connected to the Platform via hacking, password mining, or any other means; 
    • Obtain or attempt to obtain any materials or information on or via the Platform or any Affiliated App, if such materials or information are not intentionally made available to you through the Platform or such Affiliated App; 
    • Copy any portion of the Platform; 
    • Use any high-volume, automated, or electronic means to access the Platform or any Affiliated App (including without limitation robots, spiders, or scripts); 
    • Frame the Platform’s website, place pop-up windows over its pages, or otherwise affect the display of its pages; or 
    • Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Platform or any Affiliated App.
  3. DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN OR OBTAINED THEREBY, INCLUDING ANY AFFILIATED APPS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM OR ANY AFFILIATED APP WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT: (A) THAT THE PLATFORM OR ANY AFFILIATED APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES; (B) THAT THE PLATFORM OR ANY AFFILIATED APP WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, OR SECURE; (C) THAT THE INFORMATION OR SERVICE OBTAINED THROUGH OR FROM THE PLATFORM OR ANY AFFILIATED APP WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, OR RELIABLE; OR (D) THAT ANY DEFECTS IN OR ON THE PLATFORM OR ANY AFFILIATED APP WILL BE CORRECTED. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE PLATFORM OR ANY AFFILIATED APP, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE PLATFORM OR ANY AFFILIATED APP MAY BE IMPAIRED.
  4. LIMITATION OF LIABILITY. EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING DIRECT, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF THE SITE, UNAVAILABILITY OF ANY SERVICE, SERVER, OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING THE PLATFORM OR ANY AFFILIATED APP), ARISING OUT OF OR RELATING TO THE PLATFORM OR ANY AFFILIATED APP, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS’ USE OF OR INABILITY TO USE THE PLATFORM OR AFFILIATED APP, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE PLATFORM OR AFFILIATED APP, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. 

    YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO OUR WILLINGNESS TO MAKE THE PLATFORM AND THE AFFILIATED APPS AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    YOU ACKNOWLEDGE THAT, FOR PURPOSES OF THE FOREGOING DISCLAIMERS AND LIMITATIONS IN SECTION 4 AND IN THIS SECTION, AS WELL AS THE INDEMNITY AND THIRD-PARTY PROVISIONS IN SECTIONS 6 AND 7 BELOW, THE TERMS “WE,” “OUR,” “US” AND “MYDATACAN” INCLUDE THE CORPORATE BODY PRESIDENT AND FELLOWS OF HARVARD COLLEGE, ALSO KNOWN AS HARVARD UNIVERSITY, ITS VARIOUS SCHOOLS, THE MEMBERS OF ITS GOVERNING BOARDS, AND ITS OFFICERS, FACULTY MEMBERS, EMPLOYEES, FELLOWS, AND TO THE EXTENT THEY ARE WORKING ON THE MYDATACAN PROJECT, ITS STUDENTS, CONTRACTORS, AND REPRESENTATIVES (TOGETHER, THE “COVERED HARVARD PERSONS”).

    CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  5. Indemnification. You agree to indemnify us and hold us harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the Platform or any Affiliated App in violation of these Terms of Service; or (b) your violation of any law or rights of any third party in connection with your use of the Platform or any Affiliated App.
  6. Links and Third-Party Affiliated Apps. The Platform may include hyperlinks to websites or applications maintained or controlled by others, including Affiliated Apps developed and deployed by third parties. We are not responsible for and do not approve or endorse the contents or use of any of the information, products, or services that may be offered by these third-party websites or applications. If you decide to access linked third-party websites or applications, including third-party Affiliated Apps, you do so at your own risk. You expressly relieve Harvard and the Covered Harvard Persons from any liability arising from your use of any third-party website or application.
  7. Choice of Law. You agree that the Terms of Service and any claim or dispute arising out of or relating to the Terms of Service, the Platform, or your use of the Platform, including your use of an Affiliated App, will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or inconvenience of forum).
  8. Whole Agreement/ Amendments. These Terms of Service, together with any terms of service specific to Affiliated Apps provided by Harvard, constitute the entire agreement between you and Harvard with respect to your use of the Platform. Harvard reserves the right to amend these Terms of Service at any time. The Platform will post notice of changes to the terms on this webpage, and by accessing the Platform, the Dashboard, or any Affiliated App after modifications to these Terms of Service have been posted, you agree to be bound by all the modified terms. Accordingly, you should periodically revisit this page to review the then-current Terms of Service.