Terms of use

Intuition: A Brain Health Study is an observational research study being conducted by Biogen Inc., its subsidiaries, affiliates, and agents (collectively, “Biogen”, “we”, “our”, or “us”), in collaboration with Apple Inc. (“Apple”), to investigate the role that Apple Watch and iPhone may play in monitoring brain performance and screening for risk factors for brain health decline (the “Intuition Study”).

These terms and conditions of use describe the terms and conditions applicable to your use of the Intuition website at www.intuitionstudy.com (the “Study Website”) and the Intuition mobile application used with the Apple Watch and iPhone (the “Study App”, and together with the Study Website, the “Intuition Tech”). Please read the following terms and conditions carefully. By using the Study Website and/or the Study App, you signify your assent to these Terms and Conditions of Use (“TOU”). If you do not agree to all of these Terms and Conditions of Use, do not use the Study Website or the Study App.

Biogen may modify these TOU at any time. Modifications will be posted on the Study Website and in the Study App, so please check back when you use the Study Website or the Study App. By continuing use of the Intuition Tech after such changes are posted you will be accepting such changes. Biogen may also make improvements and/or changes in the products and/or programs described in these TOU at any time without notice.

Biogen may suspend or terminate your use of or access to the Intuition Tech if you fail to comply with these TOU. Such suspension or termination may result in withdrawal from the Intuition Study or the permanent deletion of your information or other previously available content.

INTUITION TECH DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE

The content on the Intuition Tech is intended to be general information resource in regard to the subject matter covered and is provided solely on an “as is” and “as available” basis as noted on these TOU. You are encouraged to confirm the information contained on the Intuition Tech with other sources, and to review the information carefully with your professional healthcare provider. Neither Biogen nor Apple is engaged in rendering medical or similar professional services or advice via the Study Website or the Study App, and the information provided is not intended to replace, or be a substitute for, medical advice offered by a physician. You should never disregard medical advice or services, or delay seeking such advice or services, because of the Intuition Tech. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe Biogen’s publication of this content as an endorsement by Biogen or Apple of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action or application of medication or preparation made by the author of the content.

SCOPE OF USE

Biogen invites you to view, use and download a single copy of the Intuition Tech as part of your participation in the Intuition Study. Except as otherwise provided on the Intuition Tech, no part of any content or software on the Intuition Tech may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the expressed written permission of Biogen and Apple, as applicable. You understand that Biogen may discontinue, change or restrict your use of the Intuition Tech for any reason without notice. Any use of the Study App through the Apple Watch or iPhone, or the use of the Apple Watch or iPhone by you or on your behalf, will be governed by the terms of use applicable to the Apple Watch or iPhone, as applicable.

By using the Study Website and/or Study App, you represent that you are at least 18 years old and a U.S. resident. You will be required to create an account on the Study App. You will be asked to create a password and you should not share your password with any other person, as the use of the password is solely for your personal use. You shall be solely responsible for any damages you suffer, including any loss of data or personal information, resulting from your sharing of your password with any other person. You’re encouraged to store your device in a secure place, and change your password from time to time, to reduce the risk of any unauthorized access to the Study App.

NO WARRANTIES

All content on the Intuition Tech is provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. Neither Biogen nor Apple makes any warranty as to the accuracy, completeness, currency or reliability of any content available through the Intuition Tech. You are responsible for verifying any information before relying on it. Use of the Intuition Tech and the content available thereon is at your sole risk. Neither Biogen nor Apple makes any representations or warranties that use of the Intuition Tech will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Intuition Tech is free of viruses. The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

LIMITATION OF LIABILITY; NO DUTY TO UPDATE

Your use of the Intuition Tech or any content therein is at your own risk. Biogen and Apple specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the Intuition Tech, even if Biogen or Apple has been advised of the possibility of such damages, including but not limited to reliance by any party on any content obtained through the use of the Intuition Tech, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the Study Website and/or Study App or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the website, or related information or programs.

Biogen and Apple do not warrant that the functions contained in the Intuition Tech are free of computer viruses or other harmful components. Although the content of the Intuition Tech is updated periodically, neither Biogen nor Apple has a duty to update information contained therein, and neither Biogen nor Apple will be liable for any failure to update such information. Neither Biogen nor Apple assumes any responsibility or liability for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Intuition Tech. It is your responsibility to verify any information contained in the Intuition Tech before relying upon it.

Apple is not a party to these TOU and is not responsible for the Intuition Tech. Apple is not providing any warranty for the Intuition Tech, nor is Apple responsible for maintenance or other support services for the Intuition Tech and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Intuition Tech, including, without limitation, any third-party product liability claims, claims that the Study Website or the Study App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of Intuition Tech, including those pertaining to intellectual property rights, must be directed to Biogen. The license you have been granted herein is limited to a non-transferable license to use the Study App on an Apple-branded product that runs Apple’s iOS operating system and such device is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the Study Website or Study App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this TOU and that, upon your acceptance of the terms and conditions of this TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOU against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, Biogen’s right to enter into, rescind or terminate any variation, waiver or settlement under these TOU is not subject to the consent of any third party.

INTELLECTUAL PROPERTY RIGHTS

The Intuition Tech, including any content made available on or through the Study Website or the Study App, are the property of Biogen, Apple and/or its licensors, and are protected by U.S. and foreign intellectual property and other laws, including but not limited to copyright and trade secret laws. The Study App is licensed, not sold, to you. In this regard, you are granted a non-transferable, non-exclusive license (without the right to sublicence) to (i) use the Intuition Tech solely for your personal, non-commercial purposes, and (ii) install and use the Study App with the Apple Watch or an iPhone, or as otherwise permitted by the Usage Rules set forth in Apple’s App StoreSM Terms of Service. Except as provided in the preceding sentence, nothing contained in the Study Website, the Study App, or these TOU shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Biogen, Apple, or any third party. You may use the Intuition Tech only as permitted by these TOU.

You may not, and shall not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Study Website or the Study App; (2) use or merge the Study Website or the Study App, or any component or element thereof, with other software, databases or services not provided by Biogen or Apple; (3) sublicense, distribute, sell or otherwise transfer the Study Website or the Study App to any third party; (4) use the Study Website and/or the Study App as a service bureau, or lease, rent or loan the Study Website or the Study App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Study Website or the Study App, (6) interfere in any manner with the operation of the Study Website or the Study App; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Study Website or the Study App; (8) create a database by systematically downloading and storing the Study Website or the Study App; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, ”data mine” or in any way gather the Study Website or the Study App or reproduce or circumvent the navigational structure or presentation of the Study Website or the Study App without Biogen’s and Apple’s express prior written consent; or (10) use the Study Website or the Study App for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Study Website or the Study App. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Study Website or the Study App. Unauthorized use of any Biogen or Apple trademark, service mark or logo, and any domain names, URLs and icons (“Marks”) appearing on the Study Website or the Study App may be a violation of federal and state trademark laws. Nothing on the Study Website or the Study App grants you any right or license to use any of the Marks on the Study Website or the Study App without the express written permission of Biogen, Apple or the third-party owners of the Marks.

LINKS

The Study Website and/or the Study App may contain links to websites operated by other parties. The linked sites are not under the control of Biogen or Apple, and neither Biogen nor Apple is responsible for the content available on any other Internet sites linked to the Study Website and/or the Study App. Such links do not imply Biogen’s or Apple’s endorsement of material on any other site and Biogen and Apple disclaim all liability with regard to your access to such linked websites. Links to other Internet sites are provided as a convenience to users, and access to any other Internet sites linked to the Study Website and/or the Study App is at your own risk. Your use of the any such link is subject to the terms and conditions thereto, in addition to the terms and conditions herein. If there is any inconsistency, the TOU shall supersede. Neither Biogen nor Apple is liable for any user generated content. Neither Biogen or Apple are responsible for what users access through the Study Website or the Study App and are not responsible for any inappropriate, offensive, obscene, infringing, unlawful or otherwise objectionable or illegal user generated content you may encounter on the Study Website or the Study App or arising from your use of the Study Website or the Study App.

STUDY COMPENSATION

Over the course of the Intuition Study, you will accumulate points for completion of Intuition Study tasks. If you do not complete a specific Intuition Study task, you will not be rewarded the points associated with that task. Periodically as participants accumulate "points," the points may be redeemed for gift cards or donated to charities available to you via the Study App. If you complete all Intuition Study-related tasks, with the exception of the virtual visit, the total compensation you may receive is about $280.00. If you complete all Intuition Study-related activities, including the virtual visit, the total compensation you may receive is about $300.00. In addition to the compensation, if you accumulate 100,000 points, you can keep the Apple Watch after the Intuition Study ends. If you do not complete the Intuition Study, you will be paid only for the parts you complete. If you do not earn enough points to keep the Apple Watch, you will be asked to return it. The costs of returning the Apple Watch will be covered by Biogen.

Any study-related compensation earned through the Intuition Study may be taxable. You may wish to consult with a tax adviser as to the proper tax treatment of any incentive/reward.

PRIVACY POLICY

Collection, use, disclosure, and other processing of information or data you provide or that is collected through the Study Website or the Study App is subject to the Intuition Study privacy policy available at http://www.intuitionstudy.com/privacy (the “Privacy Policy”). In using this Study Website and/or the Study App, you acknowledge and agree to be bound by the Privacy Policy.

LOCATION AND GOVERNING LAW

The law of the Commonwealth of Massachusetts shall govern these terms and conditions, without reference to its choice of law rules. Neither Biogen nor Apple makes any representation that the information in the Intuition Tech is appropriate or available for use in other locations, and access to the Study Website or the Study App from territories where the content therein may be illegal is prohibited. Those who choose to access the Intuition Tech from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

SEVERABILITY

If any provision of these TOU is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these TOU shall remain in full force and effect. Any provision of these TOU held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these TOU with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

VIOLATIONS AND ADDITIONAL POLICIES

Biogen reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations and TOU set forth in the Study Website and/or the Study App, including the right to block access from a particular Internet address to the Study Website.