Last Updated: June 23, 2020

Privacy | Supplemental Terms

Contact Tracing Supplemental Terms of Use

IF YOU DO NOT AGREE TO BE BOUND BY THE SUPPLEMENTAL TERMS, PLEASE DO NOT ACCESS OR USE CONTACT TRACING SERVICES

These Covid-19 Contact Tracing Supplemental Terms of Use (“Supplemental Terms”) are between you and sp0n, Inc. (“sp0n”), and are intended to revise and supplement sp0n’s Terms of Use for sp0n Citizen Service (“General Terms”) as relates to sp0n’s Covid-19 tracking and contract tracing functionality and services (the “Contact Tracing Services”). Your use of the Contact Tracing Services is subject to the General Terms, sp0n’s Privacy Policy, the Covid-19 Contact Tracing Privacy Policy and these Supplemental Terms, as such terms may be amended, supplemented or otherwise revised from time to time. Unless defined below, all capitalized terms will have the definitions given to such terms in the General Terms. 

By completing the registration process, or otherwise downloading, using or accessing Contact Tracing Services, you represent that (1) you have read, understand, and agree to be bound by the Supplemental Terms and (2) you are of legal age to form a binding contract with sp0n.  Your access to and use of the Contact Tracing Services is conditioned on your acceptance of and compliance with these Terms. 

From time to time, we may make revisions to the General Terms or these Supplemental Terms.  If the revision, in our sole discretion, is material, we will post notice of such changes on the Website or app or otherwise notify registered users of such changes.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using Contact Tracing Services.  Otherwise, your continued use of Contact Tracing Services constitutes your acceptance of such change(s).

IF YOU WISH TO USE OUR BLUETOOTH-ENABLED SAFETRACE SERVICES AND YOU ARE USING A DEVICE THAT RUNS iOS (APPLE’S PROPRIETARY OPERATING SYSTEM), YOU MUST DOWNLOAD THIS SEPARATE APP FROM US.

Table of Contents

Section 1: Your License to Use the Contact Tracing Services

Section 2: Medical Disclaimer

Section 3: Indemnity

Section 4: Disclaimers and Limitations of Liability

a. The Services are Available “AS-IS”

b. Limitations of Liability

c. Release

d. New York Governing Law and Forum

1. Your License to Use the Contact Tracing Services

sp0n grants you a personal, revocable, worldwide, royalty-free, non-assignable and non-exclusive license to use the Contact Tracing Services. This license is for the sole purpose of enabling you to use the Contact Tracing Services as provided by sp0n, in the manner permitted by the General Terms and these Supplemental Terms.

You agree to comply with all applicable regulations and use the Contact Tracing Services only for legitimate purposes, e.g. those that are reasonably necessary to give effect to the goals of the Contact Tracing Services.

sp0n also reserve the right to access, read, preserve, and disclose any information you may provide as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Supplemental Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of sp0n, its users and the public.

2. Medical Disclaimer

SP0N DOES NOT PROVIDE ANY MEDICAL ADVICE OR ASSURANCES REGARDING HEALTH OR SAFETY.

SP0N DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES, OR ENGAGES IN THE PRACTICE OF MEDICINE.  THE CONTENTS OF THIS APP, INCLUDING TEXT, GRAPHICS, IMAGES, AND OTHER MATERIALS THAT MAY BE CREATED BY THE CONTACT TRACING SERVICES OR OTHERWISE CONTAINED IN THE CONTACT TRACING SERVICES - INCLUDING ANY TEXT OR SMS MESSAGES, QUESTIONAIRES OR SURVEYS THAT WE MAY SEND YOU AND ANY INFORMATION THAT YOU MAY PROVIDE US IN REPLY - ARE FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PUBLIC HEALTH INFORMATION.  

THIS SERVICE IS NOT INTENDED TO APPRISE YOU OF THE RISK THAT YOU MAY OR MAY NOT HAVE OR OTHERWISE BEEN EXPOSED TO COVID-19.  EVEN IF WE OFFER YOU FEATURES OR INFORMATION TO INDICATE THAT YOU MAY HAVE BEEN IN PROXIMITY WITH ANOTHER USER WHO HAS TESTED OR SELF-REPORTED AS POSITIVE FOR COVID-19, THAT IS FOR INFORMATIONAL PURPOSES ONLY.  WE CANNOT ASSURE YOU OF THE ACCURACY OF SUCH INFORMATION OR ITS IMPACT ON YOUR HEALTH.  YOU SHOULD SEEK GUIDANCE FROM MEDICAL PROVIDERS OR LOCAL HEALTH OFFICIALS AS TO ANY RELATED QUESTIONS OR DECISIONS, INCLUDING WHETHER YOU SHOULD BE, OR ARE ELIGIBLE TO BE, TESTED FOR COVID-19.  

EVEN IF WE ARE PARTNERING WITH LOCAL OR STATE AUTHORITIES, IF YOU PROVIDE US INFORMATION ABOUT YOUR HEALTH AS PART OF OUR SURVEY OR QUESTIONNAIRES OR OTHERWISE, THERE IS NO ASSURANCE THAT ANYONE WILL FOLLOW UP WITH YOU AS A RESULT OF OUR CONTACT TRACING SERVICES OR ANY DATA THAT YOU PROVIDED.  IF YOU ARE NOT FEELING WELL, CONTACT YOUR HEALTH CARE PROVIDER OR 911 DIRECTLY.  

IF SPON PROVIDES YOU ANY INFORMATION IN CONNECTION WITH OR THROUGH ITS CONTACT TRACING SERVICES, RELIANCE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER, OR APPROPRIATE GOVERNMENT ENTITY, WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH OR COVID-19.   

SP0N DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE CONTACT TRACING SERVICES.  YOU SHOULD NOT RELY ON SP0N OR ITS CONTACT TRACING SERVICES TO RECEIVE ANY RECOMMENDATION OR GUIDANCE REGARDING YOUR HEALTH.  

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

3. Indemnity

You will indemnify and hold harmless sp0n and its officers, directors, employee and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Contact Tracing Services or (ii) your violation of these Supplemental Terms.

4. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of sp0n and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “sp0n Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

a. Disclaimer of Warranties

Your access to and use of the Contact Tracing Services are at your own risk. You understand and agree that the Contact Tracing Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE SP0N ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE SP0N ENTITIES DISCLAIM ANY RESPONSIBILITY FOR ANY HARM, INJURY OR DEATH THAT MAY RELATE TO OR ARISE FROM THESE SERVICES.

The sp0n Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, effectiveness, security or reliability of the Contact Tracing Services including any information that we provide to you in connection therwith; (ii) any harm to your computer system or mobile device, loss of data, or other harm that results from your access to or use of the Contact Tracing Services; (iii) the deletion of, or the failure to store or to transmit communications that may be maintained by the Contact Tracing Services; (iv) any claim that the Contact Tracing Services do not meet your requirements or are not available on an uninterrupted, secure, or error-free basis, (v) that the results that may be obtained from use of the Contact Tracing Services will be accurate or reliable or (vi) that any action will be taken in relation to any information or data that you may provide us in connection with the Contact Tracing Services, whether or not such information or data is gathered in coordination with any city, state or other governmental authorities. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SP0N OR THROUGH THE CONTACT TRACING SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

b. Limitations; Waivers of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SP0N ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) ANY PERSONAL INJURY, HARM OR DEATH ARISING FROM THE CONTACT TRACING SERVICES; (II) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE CONTACT TRACING SERVICES OR THE RESULTS OF ANY CONTACT TRACING SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO THE CONTACT TRACING SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE CONTACT TRACING SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SP0N ENTITIES HEREUNDER IN IN CONNECTION WITH, ARISING OUT OF OR OTHERWISE RELATED TO THESE SERVICES EXCEED TEN U.S. DOLLARS (U.S. $10.00) OR, IF GREATER, ANY AMOUNTS PAID BY YOU TO CITIZEN FOR THE PRODUCT OR SERVICES GIVING RISE TO THE UNDERLYING CLAIM; PROVIDED THAT, IF APPLICABLE LAW REQUIRES THE FOREGOING LIMIT ON LIABILITY TO BE GREATER IN ORDER TO BE ENFORCEABLE OR TO OTHERWISE COMPLY WITH AN APPLICABLE STATUTE, IT SHALL BE SET AT THE  LOWEST LIMIT PERMISSIBLE TO COMPLY WITH SUCH LEGAL REQUIREMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ANY SP0N ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

c. Release

YOU HEREBY RELEASE THE SP0N ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION, WHATSOEVER, ARISING OUT OF OR RELATED TO ANY LOSS, PROPERTY DAMAGE, PHYSICAL INJURY, CONTAGIOUS DISEASE OR DEATH THAT MAY BE SUSTAINED BY YOU WHICH MAY BE SUSTAINED BY YOU WHILE USING OR IN CONNECTION WITH THE USE OF THE CONTACT TRACING SERVICES. THIS RELEASE WILL BE BINDING UPON YOUR RELATIVES, SPOUSE, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ANY OTHER INTEREST PARTIES.

You waive and relinquish any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver, including any all rights and benefits which you have or may have under California Civil Code Section 1542 or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits. You acknowledge that the releases in these Supplemental Terms are intended to be as broad and inclusive as permitted by law, and as a complete and continuous release and waiver of liability for any and all use of the Services.

d. Governing Law and Forum

These Supplemental Terms shall be governed by the laws of the State of New York without regard to its conflict of laws provisions, and you agree to the exclusive jurisdiction of the courts in New York, New York for any dispute, claim or litigation arising out of or relating these Supplemental Terms or your use of the Contact Tracing Services.

The General Terms of the Company can be found here, the Privacy Policy of the Company can be found here and the Contact Tracing Services Privacy Policy can be found here.  

In the event of any inconsistency among the General Terms and these Supplemental Terms as relates to the Contract Tracing Services, the terms of these Supplemental Terms shall govern and control.