WHO COVID-19 Mobile App TERMS OF USE

Please read these Terms of Use and Software License Agreement (the “Agreement”) carefully before installing the WHO COVID-19 Mobile Application (the “Software”).

This Agreement governs your use of this Software. By installing and/or using the Software, you (the “Licensee”) enter into an agreement with the World Health Organization (“WHO” or “We”) and you accept all terms, conditions, and requirements of the Agreement. Developers of and contributors to the Software are WHO licensors and are third party beneficiaries under this Agreement.

You must be at least 16 years of age to use the Software. This Agreement may not be supplemented, modified, amended, released or discharged, unless approved in writing by WHO.

WHO reserves the right to make changes and updates to this Agreement without prior notification, and accepts no liability for any errors or omissions in this regard. Such changes and updates shall be applied as of the date of their issuance. Any waiver by WHO of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.

The user of the App is responsible for the interpretation and use of the analysis and outputs performed by the App. The submission of content to the app does not imply WHO’s approval or endorsement of that content, or that the content is appropriate for any purpose or meets any established standard or requirement.

Any designations employed in, or presentation by the user in its use of, the App, including tables and maps, do not imply the expression of any opinion whatsoever on the part of the World Health Organization concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers and boundaries.

The use of third-party components or other third-party software does not imply that these products are endorsed or recommended by WHO in preference to others of a similar nature.

License

WHO grants you a non-exclusive, non-transferable, revocable license to use the Software for your personal, non-commercial use as permitted by the applicable device platform terms and in accordance with this Agreement (“License”). All other rights in the Software are reserved by WHO. 

Retained Rights and Limitations on Use

Retained Rights. Except as otherwise indicated herein or in the license (as updated and amended) to the Software granted to WHO, WHO owns and shall retain all rights, title and interest in and to the Software, including all intellectual property rights embodied therein, including (i) all of the service marks, trademarks, trade names or any other designations associated with the Software; and (ii) all copyrights, patent rights, trade secret rights, and other proprietary rights relating to the Software. Nothing contained in this License shall be deemed to convey to the Licensee any title or ownership in the Software or the related documentation.

Technical limitations of Use. You shall not remove any WHO identification or notices of any proprietary, patent or copyright restrictions from the Software, or any support material such as the related documentation.  

Acknowledgement and use of WHO name and/or emblem

Reliance on Information

The Software is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the Software.

THE SOFTWARE IS IN NO WAY TO BE CONSIDERED OR USED AS A REPLACEMENT FOR PERSONAL PROFESSIONAL MEDICAL ADVICE FROM YOUR DOCTOR.

No Warranties

The Software is provided on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied, and WHO and its licensors do not represent that the Software is operational, free of defects, virus free, able to operate on an uninterrupted basis, or appropriate for your technical system. In particular, WHO and its licensors makes no warranty with respect to the Software, and disclaims all statutory or implied warranties, expressed or implied, as to the accuracy, completeness or usefulness of any information, apparatus, product, or process related to the Software, including, without limitation, to any warranty of design or fitness for a particular purpose, even if WHO has been informed of such purpose. WHO does not represent that the use of the Software would not infringe third parties' proprietary rights or that any information that you transmit in connection with the Software will be successfully, accurately or securely transmitted. 

Limitation of liability

In no event shall WHO or any of its licensors (“Non-Liable Parties”) be liable to you with respect to your use of the Software and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the Software, device failure or malfunction, or damages that may directly or indirectly arise in connection with, or result from, your use of the Software, including any use of any information contained, referenced, or linked in or to by the Software. The Non-Liable Parties shall not be liable even if they, or any of them, has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorized use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm. These liability limitations expressly exclude liability for any damages (including any data loss, breach, interception or leak) which may arise with respect to any data that you may input, upload, or view with the Software.

Indemnification

As a condition of downloading and/or using the Software, you agree to indemnify, hold harmless, and defend at your own expense WHO, its officers, agents, licensors, and employees from and against any claims, demands, causes of action, and liability of any nature or kind resulting from or relating to your use of the Software.

Termination

This Agreement shall remain in effect so long as you hold any copy of the Software on any of your computer systems, devices, or storage media or otherwise use the Software. This Agreement, including the rights granted under it, shall terminate automatically upon any breach by you of any of its terms. Further, WHO may terminate this Agreement, including the rights granted under it, at any time, with immediate effect, for any reason, by written notice to you. This Agreement is the entire agreement between you and WHO with respect to its subject matter.

 Upon termination of this License for any reason whatsoever, you shall immediately cease all use of the Software and destroy and/or remove all copies of the Software from your computer systems and storage media.

Dispute Settlement

Any matter relating to the interpretation or application of this Agreement which is not covered by its terms shall be resolved by reference to Swiss law. Any dispute relating to the interpretation or application of this Agreement shall, unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the parties or, in the absence of agreement, in accordance with the UNCITRAL Arbitration Rules. The parties shall accept the arbitral award as final.

Privileges and Immunities of WHO

Nothing contained herein or in any license or terms of use related to the subject matter herein shall be construed as a waiver of any of the privileges and immunities enjoyed by the World Health Organization under national or international law, and/or as submitting the World Health Organization to any national jurisdiction.