Terms and Conditions

Version Date 2025-SEP-04

A. COPYRIGHT

CHARM-COPD © 2025 University Health Network, Sunnybrook Research Institute and the Governing Council of the University of Toronto.

Authors: Robert Wu, Andrea Gershon, Alex Mariakakis

All rights reserved.

All information in App CHARM-COPD (the “App”) is protected by copyright in Canada and internationally. The App, including all images, photographs, animations, text and other audiovisual materials, and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing embodied therein are owned by University Health Network (“UHN”), Sunnybrook Research Institute (“SRI”) and the Governing Council of the University of Toronto (“UofT”), or their respective licensors.  No information can be reproduced or distributed without the prior and express permission of UHN, SRI and U of T.

For information, questions, or complaints, please write to:
Robert Wu
Toronto General Hospital,
200 Elizabeth St 14EN222
Toronto, ON
Telephone: 4163404567
Email: Robert.wu@uhn.ca

B. END USER LICENSE AGREEMENT

Please read the following End User License Agreement (“EULA”), including all disclaimers and terms and conditions of use below, carefully before using the App. By using or accessing this App you acknowledge that you have read, understood and accepted these disclaimers and terms and conditions of use. If you do not accept any of these disclaimers or terms and conditions, you must not use the App.

Information in this App was been developed by UHN, SRI and U of T.

1. DISCLAIMER: UNIVERSITY HEALTH NETWORK, SUNNYBROOK RESEARCH INSTITUTE AND THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION PROVIDED. THE INFORMATION CONTAINED IN OR PRESENTED FROM the App IS EXCLUSIVELY INTENDED FOR RESEARCH PURPOSES AND COMES WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ANY IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE IN RESPECT OF the App AND/OR ANY MAINTENANCE OR SUPPORT FOR the App IS EXPRESSLY DISCLAIMED. APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, INCLUDING ANY DOMESTIC LEGISLATION IMPLEMENTING SAME, IS EXPRESSLY DISCLAIMED. BY USING the App, YOU AGREE THAT YOUR ACCESS AND USE OF the App AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.

2. Disclaimer. UHN, SRI, U of T as entities, and their respective staff or contractors cannot under any circumstance be held liable for consequences caused by or deriving from the use of the App or any information contained in the App.  UHN, SRI and U of T are not liable for damages arising from use of the App, including any that may arise from any defects or viruses (or similarly disruptive elements) caused from downloading or using the App, or from websites (via hyperlinks) to which references are made in the App, nor from information provided in the App or these referred websites.  In no event shall UHN, SRI or U of T be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of the App (including any loss of data), regardless of how arising or the theory of liability whether arising in contract, tort, negligence or otherwise.   You are responsible for backing up any data you enter into the App.  Computer devices may malfunction from time to time and any unsaved data may be lost.  

3. Governing Law and Jurisdiction. This EULA shall be interpreted under, and any action or claim arising from or related to the App shall be brought in the courts of, and governed exclusively by, the laws of Ontario, Canada and the applicable laws of Canada applicable therein, without regard to its conflicts of laws principles.  Unless prohibited by applicable law, you expressly waive the right to participate in a class action proceeding.

4. Changes and Updates. UHN and/or SRI and/or U of T reserve the right to update or change information contained in the App without prior notice or prior acceptance.

5. Purpose of App. You are using the App because you are enrolled in a research study that is looking at remote monitoring for patients with COPD. It is not a medical device and is not designed for use without the supervision of a trained medical practitioner.  Nothing contained in the App should be construed, directly or indirectly, as the practice of medicine or providing medical advice or medical services by UHN, SRI or U of T. The App is not intended to diagnose, cure, mitigate, treat or prevent disease or other conditions.

6. Not Medical Advice. The App is not a substitute for professional medical advice, diagnosis or treatment. Never make changes to your medication, nor adjust your dose, without first consulting your health care provider. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the App. If you have, or suspect you have, a health problem, or if you experience an adverse side effect, please consult your doctor. If you have, or suspect you are experiencing a health emergency, please call 911 and/or promptly visit a Hospital Emergency Department in your area. 

7. No Regulatory Approval. The App has not been evaluated by Health Canada, the United States Food and Drug Administration (“USFDA”) or any other domestic or foreign regulatory agency and is not approved to diagnose, treat, cure or prevent any disease or for the prescription of any medication or treatment.  While the information contained may be of use in other jurisdictions, these materials were provided and designed for use in Canada and you are solely responsible for ensuring suitability and permitted use in other jurisdictions.

8. Contact Information. If you have any questions about this EULA or any of its disclaimers or terms and conditions of use or general questions, please contact us using the contact information set out above.

9. Express Consent to Receiving Electronic Messages from UHN and SRI. By using the App, I hereby expressly consent to receiving electronic messages from UHN and SRI, including alerts and reminders, information, notifications, requests for your feedback, and other important communications from UHN and SRI and our programs and other UHN or SRI offerings.

C. COLLECTION OF DATA AND PRIVACY

1. Transmission of non-identifying data to UHN and SRI. We collect non-personally identifiable data (which is transmitted back to us) through the App regarding the use of the App in order to better understand use of the App and to help us identify areas for improvement. If you do not consent to the transmission of this data to UHN or SRI, then you must not use the App. The research team may also use your contact information (phone or email) to share important information about the App and required updates.
Additional details about the data we collect can be found later on in this EULA.

2. Other Information Collected by the App

a. User Provided Information

The App collects the information about you which may be personal information and/or personal health information, and the details are described below.
When you register with us and use the App, you generally provide (a) your phone number; (b) information you enter into the App regarding your condition, which may include self-reported symptom information, audio recordings, vital signs, goals and other information; (c) information you share in the electronic messaging feature through the App to clinicians; and (d) information you provide us when you contact us for technical help with the App.

b. Automatically Collected Information

In addition, the App may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App. This information is collected for analytics.

3. Third Party Access

Only aggregated, de-identified data is periodically transmitted to external services to help us improve the App. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

4. Use of your Information by your Health Care Team

The information you enter into this App is accessible by your healthcare team and becomes part of your medical record as determined by your healthcare team.

5. You can stop all collection of information by the App easily by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

6. Data Retention and Managing Your Information

UHN will retain User Provided data for as long as you use the App. For the purposes of the research study, your data will be stored in accordance with the consent form you signed for participating in the research study.

7. Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain.

For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our App.

8. Privacy Contact

For more detailed information about who sees your information and about your choices contact the Privacy Office.
UHN Privacy Office:
Telephone: 416-340-4800 ext. 6937 Email: privacy@uhn.on.ca
Website: http://www.uhn.ca/patient/privacy

9. DISCLAIMER. The App TRANSMITS YOUR PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION OVER THE INTERNET. INFORMATION TRANSMITTED OVER THE INTERNET MAY BE AT RISK OF INADVERTANT LOSS OR THEFT. UHN, SRI and U of T CANNOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM the App. BY USING the App, YOU AGREE THAT YOUR ACCESS AND USE OF the App AND THE CONTENT, INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, IS ENTIRELY AT YOUR OWN RISK AND LIABILITY.

D. APPLE DEVICE SPECIFIC TERMS

These terms supplement and are in addition to the terms of the Agreement for users who purchase and/or install the App on Apple, Inc. (“Apple“) iPhone, iPod touch and/or iPad products (collectively, “Apple Devices“):

  1. Limited License. Through your purchase or download, provided that you comply with the terms of this EULA, you are acquiring and UHN, SRI and U of T grant you a personal, limited, non-exclusive and non-transferable license to install and use the App on authorized Apple Device(s) for personal, non-commercial use and subject to the Usage Rules set forth in Apple’s App Store Terms and Conditions. Authorized Apple Device(s) are those that you own or control, or as permitted by the App Store Terms of Services as of the effective date, except that the App may be accessed, acquired, and used by other accounts associated with you via Family Sharing.  This EULA does not entitle you to receive from UHN, SRI or U or T any hard-copy documentation, support, telephone assistance or enhancements or updates to the App.
  2. No Apple Warranty. We all agree that this EULA is concluded between you, UHN, SRI and U of T and that Apple is not responsible for the App, its content and/or for the provision of any maintenance and support services regarding the App.  No warranties are provided by Apple.  In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and no liability for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
  3. Apple Disclaimer. Apple shall not be responsible for any claims by you or any third party relating to App and/or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the App or your possession and use of the App infringes on the intellectual property rights of the third party.
  4. Your Location. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties. 
  5. Third Party Terms. You agree that you will comply with any applicable third-party terms of agreement when using the App.
  6. Enforcement. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and that upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

D. LIMITED LICENSE.

Through your purchase or download, provided that you comply with the terms of this EULA, you are acquiring and UHN, SRI and U of T grant you a personal, limited, non-exclusive and non- transferable license to install and use the App on your device for personal, non- commercial use and subject to any usage rules set forth by the distributor. This EULA does not entitle you to receive from UHN, SRI or U of T hard-copy documentation, support, telephone assistance or enhancements or updates to the App.]

E. Limitation of liability

In no event shall UHN, SRI, U of T, their respective physicians, other qualified health care providers, officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for any damages of any kind, including without limitation, any direct, special, indirect, punitive, incidental or consequential damages, and including without limitation any loss or damages in the nature of or relating to medical injury, personal injury, wrongful death, improper diagnosis, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the App or the Content, or your inability to use the App, regardless of the cause and whether arising in contract (including fundamental the App), tort (including negligence), or otherwise. The foregoing limitation shall apply even if UHN, SRI or U of T knew of or ought to have known of the possibility of such damages. 

F. Miscellaneous

  1. Use Prohibited Where Contrary to Law
    Use of the App is prohibited where contrary to law. Use of the App is unauthorized in any jurisdiction where the App or any of the Content may violate any laws or regulations. You agree not to access or use the App in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
  2. Governing Law and Jurisdiction.
    You agree that all matters relating to this Agreement, or your access or use of the App and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access and use of the App and the Content as well as any dispute that may arise therefrom
  3. Waiver and Severability.
    Any consent by UHN, SRI or U of T to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach. The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of the Agreement.
  4. Entire Agreement.
    This is the entire Agreement relating to your access and use of the App.

Research Participation

Users can only access the app through a specific setup arranged by the research teams. Before gaining access, you must complete the research consent form below with the research team. If you haven’t completed it yet, please contact the research team at your site.

Study Consent Form – UHN

UHN_CHARM CTO Consent 20250225Download