PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE SMA EXERCISE APPLICATION (“SMA Exercise App”)
BY CLICKING "CONFIRM", "OKAY" AND (WHERE APPLICABLE) TICKING THE BOX RELATING TO THE TERMS OF USE OF THE SMA EXERCISE APP, YOU AGREE TO THESE TERMS . IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT ACCESS OR USE THE SMA EXERCISE APP.
Depending on the country where you are using this App, please note that the SMA Exercise App only provides for the possibility to store personal data on the SMA Exercise App, with no option to transfer the data out from the app. In every cases, we have put appropriate safeguards to ensure that your personal data will not be transferred to us or otherwise processed by us.
These Terms constitute an agreement between Biogen International GmbH (“Biogen” or “we” or “us”) and you.
Additional Terms. Certain features available through the SMA Exercise App may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.
Changes to Terms. Biogen may modify the SMA Exercise App, these Terms or other rules governing its use, at any time. Modifications will be posted within the application, so please check the Terms when you use the SMA Exercise App. By continuing to use the SMA Exercise App after such changes are posted, you agree to accept such changes. All changes are effective when we post them and apply to your access and use of the SMA Exercise App thereafter.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
SCOPE OF USE
The SMA Exercise App is owned by Biogen and licensed to you for your personal, non-commercial use only. Biogen invites you to view, use and download the SMA Exercise App for your informational purposes only. Except as otherwise provided in these Terms, you may not copy, distribute, publish, transmit, modify, create derivative works of or otherwise exploit any part of the SMA Exercise App. You understand that Biogen may discontinue, change or restrict your use of this mobile application for any reason without notice. All rights not expressly granted herein are reserved by Biogen.
THE SMA EXERCISE APP DOES NOT PROVIDE MEDICAL ADVICE OR PROFESSIONAL SERVICES. The content on the SMA Exercise App is intended as an informational resource with respect to the subject matter covered. You are encouraged to confirm the information with other sources, and to review the information carefully with your healthcare provider. Continuous use of the SMA Exercise App allows you to gather information related to your disease. You are solely responsible for the analysis of the information along with your healthcare provider. The SMA Exercise App does not draw conclusions from the data, nor does it make recommendations. The information provided and data collected are not intended to replace medical consultation with or medical advice offered by a physician or healthcare professionals. If you desire or need such services or advice, you should consult a professional healthcare provider. Biogen does not engage in rendering medical or similar professional services or advice via the SMA Exercise App.
The SMA Exercise App does not promote Biogen products or other available treatments. If you need information on products and treatments, please refer to your physician or professional healthcare provider.
USERS AND ACCOUNTS
The SMA Exercise App is not intended for use by anyone under age 18. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SMA Exercise App. By accessing, using and/or submitting information to or through the SMA Exercise App, you confirm that you are at least age 18.
You are responsible for providing the equipment and services that you need to access and use the SMA Exercise App. We do not guarantee that the SMA Exercise App is accessible on any equipment or device or with any software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the SMA Exercise App or any component of them and to block or prevent future access to and use of the SMA Exercise App. Any obligation or liability incurred prior to our termination of your access to the SMA Exercise App will survive such termination.
RESPONSIBLE USE
You may use the SMA Exercise App for lawful purposes and in accordance with these Terms. You may not use the SMA Exercise App:
- for any purpose that is unlawful or prohibited by these Terms;
- to cause harm or damage to any person or entity;
- to interfere with the proper operation of the SMA Exercise App; or
- to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Biogen in its sole discretion).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BIOGEN AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SMA Exercise App IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
PROVISION OF THE SMA EXERCISE APP
You acknowledge and agree that the SMA Exercise App, or certain features of the SMA Exercise App, may change from time to time with reasonable notice to you. Any new feature that augments, enhances or modifies the current SMA Exercise App is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the SMA Exercise App or stop (permanently or temporarily) providing the SMA Exercise App (or any feature, program or content within the SMA Exercise App) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the SMA Exercise App at any time. You do not need to specifically inform us when you stop using the SMA Exercise App.
You acknowledge and agree that if we disable access to your account, in accordance with these Terms, you may be prevented from accessing the SMA Exercise App, your account details, or any files or other content which are contained in your account.
The following additional terms and conditions (“Mobile Terms”) also apply:
- You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the SMA Exercise App. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
- You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or others.
- Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Your use of the SMA Exercise App or any content is at your own risk. Except as expressly otherwise stated, Biogen does not make any warranty, express or implied, as to accuracy, reliability or availability of the SMA Exercise App. Without limiting the generality of the preceding sentence, Biogen specifically disclaims, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, with respect to all materials accessible through the SMA Exercise App. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Biogen does not guarantee that the functions contained in the SMA Exercise App will be secure, uninterrupted or error-free, that the SMA Exercise App will be free of viruses, other harmful components or delays in transmission, or that defects will be corrected even if Biogen is aware of them.
Although we make every effort that the content of the SMA Exercise App is updated periodically, Biogen makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. It is your responsibility to verify any information contained in this mobile application before relying upon it.
The SMA Exercise App is for domestic and private use. If you use the SMA Exercise App for any commercial, business or resale purpose, we will have no liability to you, for any loss of profit, loss of business, business interruption or loss of business opportunity.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both you and we knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal liability caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or for fraudulent misrepresentation.
We are not responsible for events beyond our control and will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms that is caused by any act or event beyond our measurable control. We will take reasonable steps to minimize or prevent any such delay.
COPYRIGHT AND TRADEMARK
Unless otherwise noted, all materials published on the SMA Exercise App are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Biogen and/or its subsidiaries and affiliates or by other parties that have licensed their material to Biogen. All content of this SMA Exercise App is protected by U.S. and foreign copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation, the code contained in the SMA Exercise App, without our prior written permission, except for your personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in the SMA Exercise App shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Biogen or any third party. Unauthorized use of any Biogen trademark, service mark or logo may be a violation of federal, state or foreign trademark laws.
You may not remove or alter any copyright, trademark or other proprietary right notice in the SMA Exercise App. All rights not expressly granted are reserved.
LINKS
Links provided within the SMA Exercise App will allow you to connect to other apps, websites or services that are not under Biogen's control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
LOCATION AND GOVERNING LAW
These Terms and your use of the SMA Exercise App are governed by the laws of Switzerland.
If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Biogen but only if they do not affect your rights or our obligations under the Terms or if we have your consent. You may not assign or transfer your rights or obligations under these Terms without the prior express written consent of Biogen.
The headings and captions contained herein are for convenience only.
GENERAL PROVISIONS
If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
VIOLATIONS AND ADDITIONAL POLICIES
Biogen reserves the right to seek all remedies available at law or in equity for serious breaches of these Terms of the rules and regulations set forth in the SMA Exercise App, including the right to block access from a mobile device address to the SMA Exercise App.
