Your enrollment for the Precardia Study (the "Service") operated by the Cardiovascular Data Science (CarDS) Lab ("we", "us", or "our") is subject to your acceptance of and compliance with the following Terms of Use for Research Study Participants ("Terms").
By enrolling for the study, you agree to be bound by these Terms. If you disagree with any component of these Terms, you may not enroll for the study.
Purpose
The Service is designed exclusively for research purposes within the constraints of the IRB-approved study being conducted by the CarDS Lab. It provides an API interface for research participants to share data from their FitBits. The Service is not intended for commercial purposes, nor for medical advice or diagnosis.
Consent Process
In order to access and use the Service, you must provide your informed consent for the IRB-approved research study on the study website. This consent process includes information on the collection, use, and sharing of your personal and health-related data with the CarDS Lab, as well as any potential risks, benefits, and alternatives. You have the right to withdraw your consent at any time during the research study.
Data Collection and Use
We will collect and use your data in accordance with the research study's consent form, as well as our Privacy Policy, which is incorporated into these Terms by reference. Please review the consent form and Privacy Policy to understand our practices for data collection, usage, and sharing.
User Responsibilities
By accessing or using the Service, you agree to:
a. Use the Service for research purposes only, and not for commercial purposes or any purpose that is unlawful or prohibited by these Terms.
b. Comply with all applicable laws and regulations, as well as the terms and conditions of the IRB-approved research study.
c. Protect your account credentials and notify us immediately if you become aware of any unauthorized access to your account.
Intellectual Property
All intellectual property rights in the Service, including but not limited to copyrights, trademarks, and patents, are owned by or licensed to the CarDS Lab. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for research purposes only, in accordance with these Terms.
Termination
We may terminate or suspend your enrollment to the study immediately, without prior notice, if you breach these Terms, or if required by the IRB or any applicable laws and regulations. Upon termination, your right to use the Service will immediately cease.
Limitation of Liability
To the fullest extent permitted by law, in no event shall the CarDS Lab, its affiliates, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Changes
We may revise or modify these Terms at any time, provided that the changes are consistent with the requirements of the IRB and applicable laws and regulations. If a revision is made, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect, subject to IRB approval. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Governing Law
These Terms are governed by and shall be construed in accordance with the laws of State of Connecticut, United States of America, without regard to its conflict of law provisions, and in accordance with the regulations and guidelines of the overseeing IRB.
Contact Information
For any questions regarding these Terms or concerns about the Service, please contact the Principal Investigator at rohan.khera@yale.edu or the IRB responsible for the research study at HRPP@yale.edu.
By accessing or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as your informed consent for research study.
