TERMS OF SERVICE AND ACCEPTABLE USE POLICY

Last Modified: August 31, 2021

Welcome to Scout, a proprietary desktop and mobile application for the reporting of symptoms and related information. By accessing content on the Scout website (the “Site,” which includes all pages within the scout.sentinel.network web domain), creating a Scout User Account, or accessing or using the Scout mobile application (the “App”) (together, “Scout”), you accept and agree to be bound by the following Terms of Service and Acceptable Use Policy (including the Scout iOS App End User License Supplement) (the “Terms of Service”). These Terms of Service comprise a contract between you and Ben Fry LLC d/b/a Fathom Information Design (“Fathom”):

  1. Scout. The purpose of Scout is to assist schools, universities, businesses, and public health agencies in their response to COVID-19.

    Here is how Scout works: Scout enables individual reporting of symptoms. Some versions of Scout also enable the reporting of vaccination status, personal contacts, and other information. Scout does not provide, and Scout does not guarantee, the provision of contact tracing services.

    Fathom reserves the rights (a) to make material modifications to Scout, including but not limited to changes to existing features, functionalities, design elements, and user interfaces; and (b) to introduce additional features and functionalities. At any time and for any reason or for no reason, Fathom may discontinue your access to part or all of Scout or delete your User Account, or do both.

  2. Eligibility. You must be at least 18 or older and of legal age to form a binding agreement or, if you are not of age to form a legally binding agreement, have your parent or guardian’s consent, to access or use Scout.

  3. Scope of License. Subject to these Terms of Service, Fathom grants you a non-transferable, non-exclusive, non-sublicensable, revocable license to install and use the App, solely for personal, non-commercial use. This license also governs any updates to the App, unless a separate license is provided for such update in which case the terms of that new license will govern.

    You shall not:

    • Copy, modify, distribute, sell, reproduce, duplicate, exploit, redistribute, or lease any part of Scout;
    • Remove, alter, or obscure any copyright notice trademark, or other notice of proprietary rights incorporated in Scout;
    • Publish, reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of Scout;
    • Access or interact with Scout (or any information provided by Scout) other than through Scout’s regular user interface; or
    • Access or use Scout in a manner prohibited by applicable laws, directives, regulations or these Terms of Service.

    If you violate these Terms of Service, your license to use the App will automatically terminate, without prejudice to any other rights or remedies Fathom may have against you.

  4. Appropriate Use/ Conduct. You agree that you are responsible for your own use of Scout. You agree that you will use Scout in compliance with these Terms of Service and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws; any laws regarding the transmission of technical data exported from your country of residence; and all United States export control laws.

    You agree that you will not use Scout outside of the United States.

    In addition, you agree that you will not:

    • Allow any other person to access or use your User Account;
    • Impersonate any other person, including by establishing a User Account under another person’s name or using another person’s personal information;
    • Provide false, misleading, or inaccurate information to Scout;
    • Reverse-engineer Scout;
    • Use Scout in any manner intended to damage, disable, overburden, interfere with, or disrupt any part of Scout or any platform on or through which Scout may be offered to you (a “Platform”), or the computer equipment or network(s) connected to Scout or a Platform;
    • Attempt to gain unauthorized access to Scout, a Platform or Scout User Accounts, or the computer equipment or networks connected to Scout or a Platform via hacking, password mining, or any other means;
    • Obtain or attempt to obtain any materials or information on or via Scout or a Platform, if such materials or information are not intentionally made available to you through Scout or a Platform;
    • Copy or redistribute any portion of Scout;
    • Use any high-volume, automated, or electronic means to access Scout (including without limitation robots, spiders or scripts);
    • Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; or
    • Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Scout.

  5. Privacy Statement. You acknowledge that you may access Scout’s Privacy Statement at https://scout.sentinel.network/privacy.html.

  6. Medical Disclaimer. Scout does not engage in the practice of medicine or provide any medical advice, diagnoses, or assurances regarding health or safety.

  7. Covered Persons. You acknowledge that “Covered Persons” means Ben Fry LLC; the corporate body President and Fellows of Harvard College, also known as Harvard University (“Harvard”); Howard Hughes Medical Institute (“HHMI”); The Broad Institute, Inc. (“Broad”); and as applicable their various Schools, the members of their governing boards, and their officers, faculty members, employees, fellows, and to the extent they are working on Scout, their students, contractors, and representatives.

  8. DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCOUT AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN OR OBTAINED THEREBY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COVERED PERSONS DO NOT WARRANT THAT SCOUT WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SCOUT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE COVERED PERSONS DO NOT WARRANT: (A) THAT SCOUT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES; (B) THAT SCOUT WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, OR SECURE; (C) THAT THE INFORMATION OR SERVICE OBTAINED THROUGH OR FROM SCOUT WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, OR RELIABLE; OR (D) THAT ANY DEFECTS IN OR ON SCOUT WILL BE CORRECTED. THE COVERED PERSONS MAKE NO REPRESENTATION OR WARRANTY REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH SCOUT, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS SCOUT MAY BE IMPAIRED.

  9. LIMITATION OF LIABILITY. EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, THE COVERED PERSONS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF THE SITE, UNAVAILABILITY OF ANY SERVICE, SERVER, OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING SCOUT), ARISING OUT OF OR RELATING TO SCOUT, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS’ USE OF OR INABILITY TO USE SCOUT, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH SCOUT, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. THE COVERED PERSONS’ TOTAL, COLLECTIVE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO SCOUT (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, WILL NOT EXCEED THE AMOUNT, IF ANY, THAT YOU PAID TO USE SCOUT IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT THE COVERED PERSONS HAVE BEEN NEGLIGENT OR OTHERWISE AT FAULT.

    YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COVERED PERSONS, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO FATHOM’S WILLINGNESS TO MAKE SCOUT AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  10. Indemnification. Unless you currently have no affiliation with Colorado Mesa University, you agree to indemnify the Covered Persons and hold them harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of Scout in violation of these Terms of Service; or (b) your violation of any law or rights of any third party in connection with your use of Scout.

  11. Links and Third-Party Affiliated Services. Scout may include hyperlinks to websites or applications maintained or controlled by others. The Covered Persons are not responsible for and do not approve or endorse the contents or use of any of the information, products, or services that may be offered by these third-party websites or applications. If you decide to access linked third-party websites or applications, you do so at your own risk. You expressly relieve the Covered Persons from any liability arising from your use of any third-party website or application.

  12. Third-Party Beneficiaries. Except as otherwise provided in the Supplement, the Covered Persons are the only intended third-party beneficiaries to Sections 8-10 of these Terms of Service. A third-party beneficiary’s rights under these Terms of Service will vest only when a third-party beneficiary brings or is named in a lawsuit arising from your use or attempted use of Scout. No other person is a third-party beneficiary of these Terms of Service, in part or whole.

  13. Use of Name. You will not use any trademark or trade name of Fathom, Harvard, HHMI, or Broad, or any variation, adaptation, or abbreviation, of such marks or trade names, or any names of their officers, faculty, students, employees, or agents without the express written consent of an individual authorized to grant such right on behalf of the respective institution.

  14. Intellectual Property. All right, title, and interest in and to Scout, including without limitation trademarks, service marks, trade names, images, audio, text, software, designs and Scout’s “look and feel” (collectively, “Content”), are and will remain Fathom’s exclusive property. Scout is protected by copyright, trademark, and other intellectual property laws of the United States and foreign countries. Except as otherwise stated herein, you shall not use our Content without our express written permission. All rights not expressly granted to you in these Terms of Service are reserved by Fathom.

  15. Choice of Law and Forum Selection. You agree that the Terms of Service and any claim or dispute arising out of or relating to the Terms of Service or your use or attempted use of Scout will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or inconvenience of forum).

  16. Whole Agreement/ Amendments. These Terms of Service (along with, as applicable, any terms of service or user agreement posted by a Platform) constitute the entire agreement between you and Fathom with respect to your use of Scout. Fathom reserves the right to amend these Terms of Service unilaterally and at any time. Scout will post notice of changes to the terms on this webpage, and by accessing or using Scout after modifications to these Terms of Service have been posted, you agree to be bound by all the modified terms. Accordingly, you should periodically revisit this page to review the then-current Terms of Service.

  17. Severability. If any portion of this these Terms of Service is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention, and the remaining portions will remain in effect.

SCOUT IOS APP END USER LICENSE SUPPLEMENT

This Scout iOS App End User License Supplement (“Mobile Supplement”) is between you and Ben Fry LLC d/b/a Fathom Information Design (“Fathom”) and governs your use of Fathom’s Scout mobile application for iOS (collectively, the “Scout iOS App”).

  1. Parties. This Mobile Supplement is between you and Fathom only, and not Apple, Inc. (“Apple”). Fathom, not Apple, is solely responsible for the Scout iOS App and its content.

  2. Third Party Beneficiary. Although Apple is not a party to this Mobile Supplement, Apple has the right to enforce this Mobile Supplement against you as a third-party beneficiary relating to your use of the Scout iOS App.

  3. Limited Use. You may only use the Scout iOS App on an Apple iPhone that you own or control and as permitted by the Apple App Store Terms of Service.

  4. Warranty. The Scout iOS App is provided for free on an “as is” basis. As such, Fathom disclaims all warranties about the Scout iOS App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Fathom, not Apple, shall be solely responsible for such warranty.

  5. Maintenance and Support. Because the Scout iOS App is free to download and use, Fathom does not provide any maintenance or support for them. To the extent that any maintenance or support is required by applicable law, Fathom, not Apple, shall be obligated to furnish any such maintenance or support.

  6. Product Claims. Fathom does not make any warranties concerning the Scout iOS App. To the extent you have any claim arising from or relating to your use of the Scout iOS App, Fathom, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Scout iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Mobile Supplement shall be deemed an admission that you may have such claims.

  7. Third Party Intellectual Property Claims. Fathom shall not be obligated to indemnify or defend you with respect to any third-party claim arising from or relating to the Scout iOS App. To the extent Fathom is required to provide indemnification by applicable law, Fathom, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Scout iOS App or your use of it infringes any third-party intellectual property right.

  8. U.S. Legal Compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  9. Privacy. Fathom may collect and use information concerning your use of the Scout iOS App as set forth in its Privacy Statement: https://scout.sentinel.network/privacy.html.

  10. Export Regulation. Scout may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You agree that not to, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You also agree to comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making Scout available outside the U.S.

  11. Contact Information. Fathom is located at 300 Cambridge Street, 5th Floor, Boston, MA 02114. Should you have any questions, complaints, or claims relating to the Scout iOS App, please contact Fathom at privacy at sentinel.network. Apple has no obligation to help with any support or maintenance questions arising out of use of the Scout iOS App.