COVID Calculator Terms of Use

1. Contents and availability

The use of the Web Calculator is licensed to You by the Max Planck Institute of Experimental Medicine, with offices at Hermann-Rein Strasse 3, D-37075, Goettingen, Germany (Licensor) subject to these Terms of Use.

The contents of the Web Calculator have been examined carefully. The Licensor has used reasonable efforts for designing, testing and implementing the algorithm behind the Web Calculator to the best of its knowledge. Nonetheless, the Licensor does not warrant the use of the Web Calculator to be complete, correct, up-to-date or constantly available.

The Licensor does not bear any responsibility for third-party contents, for the use of the Web Calculator different to the original one (see purpose below), for the accessibility via external links, nor for their availability. Furthermore, the Licensor waives any responsibility for contents that may be illegal or violate common decency.

2. Purpose

The Licensor has built the Web Calculator for the purpose of providing health professionals with a tool that predicts the outcome of COVID-19 hospitalized patients. The use and output of the Web Calculator can only be complementary to and neither replace clinical judgement nor can it be used as a stand-alone recommendation for treatment.
By providing additional anonymized datasets (where the clinical resolution of the COVID-9 patients is already known), You will enable the Licensor to further improve the performance of the algorithm behind the Web Calculator.

3. Rules of use

You accept to use the Web Calculator exclusively as a research tool and for the aforementioned purpose. You are not authorized to make the contents of the use of the Web Calculator available to third parties. In duly substantiated exceptional cases, the Licensor may restrict Your right to use of the Web Calculator.

You are responsible for ensuring that the legal requirements for the use of the data in the Web Calculator and the transfer of the anonymized dataset are met (e.g. patient’s consent).

4. Proprietary rights to the contents of the use of the Web Calculator

You agree to respect copyrights, rights to names, trademarks and other intellectual property rights, if any, of the Licensor and of third parties when making use of the use of the Web Calculator. By enabling access to the use of the Web Calculator, the Licensor does not grant any licence nor any other right of use.

5. Improper use of the use of the Web Calculator

You agree to refrain from any improper use of the use of the Web Calculator; in particular, no security precautions must be circumvented. Furthermore, no facilities may be used nor may any applications be run that could lead to a damage or a performance failure of any of the facilities from which the use of the Web Calculator is provided, in particular through changes in the physical or logical structure of the servers or its network or of any other network. No commercial, systematic use of the use of the Web Calculator is permitted without the Licensor’s consent.

6. Limitation of Liability (for Civil Law Countries)

Without prejudice to Licensor´s responsibility for tort or for violation of mandatory laws of the Federal Republic of Germany, the Licensor shall not be liable for any damages You incur when using this use of the Web Calculator.

7. Representation, Warranty, Limitation of Liability, Indemnification (for Common Law Countries)

7.1 Representation and Warranty

LICENSOR REPRESENTS THAT LICENSOR HAS ALL RIGHTS REQUIRED TO MAKE AVAILABLE AND DISTRIBUTE THE MATERIALS. EXCEPT FOR SUCH REPRESENTATION, THE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT: (A) THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE MATERIALS FILES WILL BE SECURE; (C) THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE MATERIALS AND ACCOMPANYING FILES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE MATERIALS WILL MEET DOWNLOADER’S REQUIREMENTS. DOWNLOADER’S USE OF THE MATERIALS IS SOLELY AT DOWNLOADER’S OWN RISK.

7.2 Limitation of Liability

IN NO EVENT SHALL LICENSOR BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE MATERIALS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

7.3 Indemnification

You will indemnify and hold Licensor harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys’ fees and court costs, arising from i) Your misuse of the use of the Web Calculator; (ii) Your violation of these Terms of Use; or (iii) infringement by You or any third party of any intellectual property or other right of any person or entity contained in the use of the Web Calculator. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.

8. Data Protection

By “clicking to accept” these Terms of Use, you agree that the Licensor will record Your IP address along with the date and time of acceptance and store it on premise. Additional anonymized datasets (where the clinical resolution of the COVID-9 patients is already known) provided by You, if any, will also be stored on premise. Further information on data protection can be found here.