Terms of Use

TERMS OF USE
Last updated April 2, 2020

These Terms of Use govern your use of the Novid service, app, and website (collectively, the “Services”) offered by Expii, Inc. (“we”, “us”, or “our”). By using the Services, including downloading the app, you agree to these Terms of Use. From time to time, we may update these Terms of Use. By continuing to use the Services, you agree to the updated Terms of Use.

1. PRIVACY

We value your privacy. For information about how we collect and use information about you, please see our Privacy Policy. By using the Services, you consent to the transfer of your information to the United States or other countries where we operate for storage, processing and use by us.

2. SCOPE OF LICENSE

2.1 Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, non-sublicensable, revocable license to install and use the Services, solely for personal, non-commercial use.

2.2 This license will also govern any updates to the Services, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3 You may not copy, modify, distribute, sell, or lease any part of the Services.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Services. You may not access or interact with the Services (or any information provided by the Services) other than through the Services’ regular user interface.

2.5 You will not remove, alter, or obscure any copyright, trademark, or other proprietary notice in the Services.

2.6 If you violate these Terms of Use, your license to use the Services will automatically terminate, without prejudice to any other rights or remedies we may have against you.

2.7 All right, title, and interest in and to the Services are and will remain the exclusive property of us. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as otherwise stated herein, you shall not use our name or our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

3. ACCEPTABLE USE

3.1 You must use the Services in a responsible manner and only for the purposes for which they are intended. For example, you may not attempt to re-identify any data collected or generated by the Services. You may not make false claims or representations in connection with your use of the Services, such as sharing a false test result. You may not use the Services for any unlawful purposes.

4. NO MAINTENANCE OR SUPPORT

4.1 We have no obligation, expressed or implied, to provide any maintenance, technical or other support for the Services.

5. DISCLAIMERS; INDEMNITY

5.1 Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information therein. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly made herein. Information provided through the Services is not medical advice, and you should consult a qualified medical provider or your local health authorities before taking action based on such information.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY INFORMATION OBTAINED FROM THE SERVICES; 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.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If anyone brings a claim against us related to your actions or information you provide through the Services, or actions or information by or from someone using your device, 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.

6. LEGAL COMPLIANCE

You agree to comply with all applicable laws and regulations in connection with your import, export, or use of the Services.

7. APPLICABLE LAW

These Terms of Use and any action related thereto will be governed by the laws of the State of Pennsylvania without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Allegheny County, Pennsylvania, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Nothing herein prohibits or hinders us from bringing an action in any jurisdiction for injunctive or other preliminary relief.

8. MISCELLANEOUS

These Terms of Use are the entire and exclusive agreement between us and you regarding the Services, and these Terms of Use supersede and replace any prior agreements between us and you regarding the Services.

The failure of us to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

The Services are operated and provided by Expii, Inc., 260 Atwood Street, Pittsburgh, PA 15213. If you have questions about these Terms of Use, please contact us at privacy@expii.com.