SMELLiT (the “Application“) – Terms of Use
The Application is operated by a company registered in Israel at Weizmann Institute of Science, Rehovot (“D2Smell”) (“”, “We” or “Us“).
The Application is designed to enable remote participation in a scientific study that aims to uncover the natural statistics of human olfactory perceptual space, that is what, when and where do humans smell things (the “”). The Study is conducted by WIS Principal Investigator, Prof. Noam Sobel and other researchers in his research group, together with overseas research partners /beneficiaries, which include:
- KUNGLIGA TEKNISKA HÖGSKOLAN, (KTH), Brinellvägen 8, STOCKHOLM, Sweden.
- MAX-PLANCK-GESELLSCHAFT ZUR FÖRDERUNG DER WISSENSCHAFTEN EV (MPG), Hahn-Meitner-Weg 1, 55128 Mainz, Germany.
- KAROLINSKA INSTITUTET (KI), Solnavägen 1, 171 77 Solna, Sweden.
| Downloading, installing, accessing, or otherwise using (“Using“) the Application is subject to these Terms of Use (the “Terms“) and the Privacy Policy which constitute a binding agreement between WIS and you (“You“).
In addition, participation in the Study Using the Application is subject (in addition to the Terms and the Privacy Policy) to your Informed Consent Statement as agreed and confirmed by You.
Please read them carefully before Using the Application.
By Using the Application, You express Your consent to the Terms and acknowledgement of the Privacy Policy.
By Using the Application for participation in the Study You express Your Informed Consent to participate in the Study (in addition to the Terms and the Privacy Policy). |
The Study
The aim of the Study is to understand fundamental questions about the perceptual olfaction of humans. How many times a day do we smell? What do we smell? When do we smell it? No one knows.
Participation in the Study is voluntary and based upon an IRB-approved Informed Consent Statement which You have read and approved.
WIS may amend, limit or stop (temporarily or permanently) the Study or the ability to participate in the Study through the Application, using reasonable efforts to provide prior notice to the participants.
WIS may also, from time to time, set technical requirements for participation in the Study (such as sharing data in certain formats, etc.).
Minors
Participation in the Study and use of the Application is strictly limited to users who are at least 18 years old. If You are under 18, do not register or attempt to register for the App or share any information about yourself to us. If we learn that You are under 18, we will delete your account and any associated personal data as soon as reasonably practicable without any liability.
In order to register for participation in the Study, You’ll need to provide Us phone number and your gender and age. No other identifying personal information is required. To the contrary, provision of any additional identifying personal information (such as first or last name, address, ID, passport number, social security number etc.) is strictly prohibited.
Limited License to Use the Application, the General Data and the Analytical Data
WIS grants You a personal, non-transferable, non-sublicensable, non-exclusive, royalty free license to use the Application for its intended purpose only, for Your own personal non-commercial use and subject to the Terms and the Privacy Policy.
Without derogating from the foregoing, You may not (and may not allow others to):
Use the Application for any illegal purposes, including, without limitation, to send, disseminate, transmit or otherwise make available: viruses, Trojan horses, worms and any other malicious application to computers or networks; any information or material which may constitute or encourage conduct that would constitute a criminal offense or civil wrong doing or otherwise violates any applicable law; any information or material which may be deemed threatening, abusive, harassing, defamatory, libelous, obscene or racially, ethnically or otherwise objectionable;
Interfere with or disrupt the functionality of the Application;
Impersonate any person or making any false statements;
Share within the Application any personally identifiable information, including within open text answers to pop-up questions and associated environment images or other surveys provided within the Application (aside from the details you are required to provide during registration);
Collect or process personal information of other Application users;
Copy, modify, create derivative works of, disassemble, reverse engineer, or otherwise attempt to discover the source code, of the Application unless law mandates otherwise (and only to the extent permitted by law);
Use robots, crawlers and similar applications to collect and compile content from the Application.
Financial Compensation and Digital Gift Cards
You will be entitled to monetary compensation as a result of your activities on the Application, such that for every questionnaire that you fill, you will receive 0.25 euros. A bonus of 5 euros will be given upon completion of the experiment (40 questionnaires). 2 euros bonus will be given for completion of the demographic survey.
In order to provide You with the above-said compensation, We will share your email address with GoGift.com A/S (“GoGift”), a third party digital gift card provider, that will execute such compensation in the form of gift cards and collect from You additional personal information (such as name and payment information), as necessary for this purpose. Please note that We are not involved in the execution of such compensation, and the payment process is fully subject to GoGift’s Terms and Conditions and Privacy Policy.
Modifications, and Discontinuation of Operation
WIS may, at its sole discretion, modify or discontinue the operation of the Application, temporarily or permanently.
Updates
WIS may, at its sole discretion, publish updated versions of the Application (for bug fixes, enhanced functions, new functions, etc.) and obligate receipt of such updated versions as a condition for continuing the Use of the Application.
Intellectual Property
All rights in the Application, the Study (including without limitation, any intellectual property, know-how or trade secrets) and WIS’s trademarks are and will remain in the exclusive ownership of WIS.
You acquire no rights in the Study and its outcomes including in any intellectual property that derives from the Study or in any commercial services or products that may be developed based on the Study by collaborating with third parties.
Your Information
You retain all your rights in any information you provide to WIS. However, by providing information to WIS (through the Application, by e-mail or otherwise in the course of the Study) You grant WIS and its affiliated and collaborating third parties a perpetual, irrevocable, worldwide, non-exclusive and royalty free license to use such information, including de-identified, aggregated and/or statistical data based on such information, in any way or manner that the owner of such information is entitled to use such information, including without limitation: to copy, distribute, create derivative works, adapt, or publicly display such information, all subject to Your rights under the Informed Consent Statement and the Privacy Policy.
Privacy
WIS respects the privacy of all users of the Application and Study participants. Please refer to the Privacy Policy to read about what personal information WIS and its research partners receive and collect during Your use of the Application or throughout the Study; how and for what purposes your personal information is processed and transferred to third parties; and other related data protection issues and rights. Given that the Privacy Policy may change from time to time, it is recommended that you read it periodically.
By participation in the Study, you acknowledge that Research Data (as defined in the Privacy Policy) will be used by WIS and its research partners for the purposes of olfaction scientific research, and that fully anonymized Research Data or aggregated statistical data based on Research Data will be uploaded to a public olfactory research database for the benefit of the scientific community. You will not be identifiable in any way from the data on this public database.
Changes to the Terms or to the Privacy Policy
We may change these Terms or the Privacy Policy from time to time. Such changes will become effective after seven days from their initial publication or effective immediately if such changes are: for your own benefit; due to a legal requirement, pursuant to an instruction of an authorized authority; or relating to new features, sections, services, etc., in the Application.
Use of the Application after such changes become effective signify your consent to the amended Terms and acknowledgement of the Privacy Policy, as the case may be.
Disclaimer of Warranty
THE APPLICATION IS PROVIDED AS IS.
WIS DOES NOT WARRANT THAT THE APPLICATION WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT IT IS FREE FROM THIRDS PARTIES’ HARMFUL COMPONENTS.
YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST WIS AND ITS AFFILIATES (including YEDA REASERCH AND DEVELOPMENT COMPANY LTD.) IN RESPECT OF THE APPLICATION’S PROPERTIES, ABILITIES, AVAILIABLITIY, LIMITATIONS OR FITNESS FOR A PARTICULAR PURPOSE.
THE USE OF THE APPLICATION IS ACCORDINGLY AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
WIS DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE APPLICATION.
Limitation of Liability
YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST WIS AND ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, STUDENTS, RESEARCHERS, SUB-CONTRACTORS, AGENTS OR ANY OTHER PERSON OR ENTITY ACTING ON THEIR BEHALF, IN RESPECT OF THE APPLICTION, INCLUDING ANY CONTENT UPON WHICH YOU DECIDE TO RELY. WIS AND ITS AFFILIATES WILL NOT BE DEEMED RESPONSIBLE FOR ANY CONTENT OR ADVICE, AND RELIANCE ON SUCH CONTENT AND ADVICE IS AT YOUR SOLE AND WHOLE RISK.
IN ANY EVENT, WIS AND ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS OR ANY OTHER PERSON OR ENTITY ACTING ON THEIR BEHALF, WILL NOT BE LIABLE IN TORTS CONTRACTS OR IN ANY OTHER CAUSE OF ACTION FOR ANY DAMAGE (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), LOSS, EXPENSE OR PAYMENT CAUSED TO OR INCURRED BY YOU DUE TO THE USE OF THE APPLICATION INCLUDING THE INABILITY TO USE IT.
Governing Law and Jurisdiction
These Terms and any other matter in relation to the Use of the Application or the Study (including participation in the Study) shall be exclusively governed by the laws of the State of Israel, without giving effect to conflict of laws principles, and the competent courts in Tel Aviv, Israel, will have exclusive jurisdiction over any of the foregoing matters.