Effective Date: 12th of July, 2022

Terms of Use

AIDG App

1.         General

1.1.             Welcome to the AIDG App of AID Genomics Ltd. Lic. 515882884 (“AIDG”) for testing and issuing test results with relation to biomarkers of various diseases, including Covid-19 virus and related micro-biological and genetic disorders (“App“). The App serves as an additional and complementary mean to facilitate AIDG’s diagnostic services to the general public. For more information about the App’s Services (as defined in Section 6 below), please see Section 6 below.

1.2.             The purpose of these Terms of Use, which include as an integral part the Privacy Policy and the Services Agreement (“Terms of Use“, “Privacy Policy” and “Service Agreement” respectively) is to regulate the relationship between AIDG and any person, corporation or other entity that may or will use the App (“User” or “You“). Any use of the App is subject to the Terms of Use as they may be updated from time to time (as specified in Section 2 below), and be available for review within the App and on AIDG’s website at: https://aidg.co.il/en/app/terms.

1.3.             In this Terms of Use – (a) the headings of the sections are intended for convenience only and should not be used for the interpretation of this Terms of Use; (b) everything said in the masculine language shall have the same meaning in the feminine language and vice versa; everything said in singular shall have the same meaning in plural and vice versa; except if it contradicts the subject or content of the text or that the context requires a different interpretation.

1.4.             For further clarifications regarding the App, please contact us by email: app@aidg.com.

2.       Changes to the Terms of Use, App and Services

Without derogating from anything to the contrary hereof, AIDG reserves the right, at its sole discretion, to –

2.1.             update and/or modify the Terms of Use from time to time and without any prior notice, and these updated and/or modified terms will be in effect from the moment they are made public. In the event that the Terms of Use will be updated and/or modified, the Users will be notified accordingly. The User shall not be required to re-approve the Terms of Use following such update and/or modification, though the User can, at any time, disconnect from the App and deleting the User’s account and all information related to it by clicking on the “Delete Account” button in the App’s Settings menu or by contacting AIDG via email: app@aidg.com.

2.2.             terminate the activity of the App, in whole or in part, at any time, or change the structure, appearance and design of the App, the scope and availability of the services and/or any other aspect involved in the App for the purpose of maintenance or for any other purpose or reason. Such termination shall not require prior notice or reasoning whatsoever. Such changes may involve malfunctions and inconveniences and You will not have any claim, demand or cause of action against AIDG and/or anyone on its behalf for stopping any such activity, for making any such change and/or for any such malfunction that occur because or during the course of the above actions.

3.       Conditional Use on the User’s Consent

3.1.             As You enter the App and before performing any actions through it or making any use of the App, You are hereby requested to carefully read these Terms of Use.

3.2.             It is clarified that entering the App and registering to the App and/or Service Agreement and/or using the App constitutes and expresses your consent to the Terms of Use and by doing so You declare that You have read and understand, are aware of and fully agree with the Terms of Use and to act in accordance with them without any limitation or reservation. If You do not agree to the Terms of Use (in whole or in part) or You are not eligible under Section 4.1 below, then any use of the App is not permitted and You are thereby requested to immediately cease any use of the App.

4.         Eligibility, Intended Use and Registration

4.1.             Only person who meets one of following requirements is eligible to register to the App and use the App for the sole purpose of the Intended Use (as defined below):

4.1.1.            Person who is adult (18+) legally capable of executing legal binding actions and is registered to the App as a User, as required in Section 4.2 below.

4.1.2.            Person who is a minor or is not legally allowed to perform legal actions is not permitted to use the App, except under the personal-direct supervision and sole responsibility of the person’s legal custodian or guardian and only after fulfilling the following  aggregated prerequisites and in any case as required and/or allowed by law: (a) issuing a written approval of the person’s legal custodian or guardian based on an explicit consent of the custodian or a guardian to the Terms of Use and the use of the App; and (b) registering to the App as a User of the App, as required in Section 4.2 below; and (b) using the App under the personal and direct supervision of the person’s legal custodian or guardian and under his sole responsibility as if the person’s legal custodian or guardian is the User. For the removal of any doubt and without derogating from the aforesaid, any independent use of the App by person who is a minor or is not legally allowed to perform legal actions is strictly prohibited.  

Intended Use” means to legally obtain the App services for your personal needs or others’ personal needs (only if it is expressly permitted in the Terms of Use) in accordance with the provision of the Terms of Use and law.

4.2.             Use of the App may be conditional on registration. If registration is required, then You are required to register to the App in accordance with the App’s registration guidance. The App’s registration guidance may vary depending on the service and/or how the service is provided and/or how the App is used. Without derogating from Section 2 above, it is clarified that AIDG reserves the right to change, all at its sole discretion and at any time, the method of registration to the App.

5.         User’s Warranties and Restrictions

You declare, warrants and agree that –

5.1.             You are competent to perform binding legal actions. In case that the User is a minor or is not legally allowed to perform legal actions (as specified in Section 4.1.2 above) You – the User’s legal custodian or guardian –  declares and warrants that: (a) You are competent to perform binding legal actions; and (b) You are the User’s legal custodian or guardian; and (c) You and the User fulfill all prerequisites and requirements with relation to the eligibility to use the App and all other provisions of the Terms of Use and law; and (d) You solely bear full responsibility for the usage of the App and/or Services by the minor or the person for whom You are the custodian or guardian, for the compliance of the Terms of Use and law by the minor or the person for whom You are the custodian or guardian as if you are the User (with all that implies) and for any action and/or omission made by the minor or the person for whom You are the custodian or guardian, including any damage and/or loss, and/or expense, direct or indirect, caused as a result of the aforesaid usage and/or compliance and/or action and/or omission. You hereby waive and will be prevented from raising any claim against AIDG and/or any one on its behalf in connection with the aforesaid.

5.2.             You will not do and will not allow others to do any of the following:

5.2.1.            To display content from the App or the Services in any way that changes the design of the App or the Services or omits any content, including advertisements or commercial.

5.2.2.            To use the App or the Services in a manner that could harm the App or the Services, the contents therein or interfere with the use of the App or the Services by any other party.

5.2.3.            To use the names or trademarks (whether registered or not) displayed on the App or the Services, copying, re-editing or publishing content appearing on the App or the Services, all without the express prior written consent of AIDG and/or its rights holders, as the case may be.

5.2.4.            To operate any computer application or any other means, for the purpose of searching, scanning, copying, duplicating, or automatically retrieving content and/or to make unauthorized use of the App or the services and/or to make any transmission or transfer of content from the App.

5.2.5.            To use the App in excess of the Intended Use or for purpose prohibited by the Terms of Use or Law, including for commercial purposes.

5.2.6.            To create or distribute viruses, hostile software or any other means that may harm, destroy, interfere with, or restrict the use of the App or the services, computer systems, servers, hardware, or software of AIDG or any third party.

5.2.7.            To distribute “spam” or any use intended to track or harass another person or entity in any way.

5.2.8.            To make any action, directly or indirectly, that is contrary to the provisions of the Terms of Use or law, or that has the effect of violating the rights of third parties.

5.2.9.            Except in cases where it has been expressly permitted to so in these Terms of Use, all information provided by You (including for any other Users) –

5.2.9.1.           is correct, accurate, updated and current. In case of a change in the information provided by You, You will immediately re-register to the App in the manner described in Section 4.2 above.

5.2.9.2.           will not be used on the App using a false identity or fictitious identity (pseudonym) or impersonating another.

5.2.9.3.           is provided in your own name and for yourself only and not on behalf of and/or for any third party.

5.2.9.4.           is not related to or subject to the rights of another person and/or entity.

In the event that You believe that the information You provided has been used in an unauthorized manner or in violation of the Terms of Use or law, You shall report it immediately by contacting AIDG Customer Service at the email address: app@aidg.com.

5.2.10.        The App may access, collect, use, store and share information related to You in accordance with the Privacy Policy. Please be noted that there is no legal obligation to provide AIDG with any information, and its provision is subject to your free will and consent, but failure to provide such information may lead to the failure of the App and/or services’ provision (in whole or in part).

5.2.11.        You are solely responsible for all actions taken or will be taken within the App and/or related to it or to the services under your account and You shall keep Your account information secured. Without derogating from Section 14 below, AIDG will not be liable for any damage or loss caused by any unauthorized use of your account.

6.         The Services

6.1.             As already mentioned, the App is an additional and complementary mean to facilitate AIDG’s diagnostic services with relation to biomarkers of various diseases, including Covid-19 virus and related micro-biology and genetic disorders to the public.

6.2.             The App’s services offered to the User are based on three main sub-services: sample collection, sample analysis and publication of the result to the User (“Test” and “Result” respectively), as well as any information contained within the App and/or its features and/or which may be obtained otherwise and all additional and/or ancillary services specified in these Terms of Use and/or in the App (“Services”). Without derogating from Section 2 above, all Services’ provision is subject to the availability of the Services at the requested time and place. 

6.3.             The sample collection Services are provided through a –

6.3.1.            home-use self-testing kits with a rapid result

6.3.2.            prior coordination of arrival at AIDG’s laboratories or AIDG’s sampling points or AIDG’s collection points for self-testing kits; or

6.3.3.            prior coordination of arrival of a medical professional to the residence of the User;

at the choice of the User.

6.4.             The User can select on the App a time slot requested by him to perform the Test according to the available time slots that will be displayed on the App (“Time Slot“). The User may change the Time Slot via the App, provided that the Time Slot is changed no later than fourteen (14) days from the date of ordering the Services and at least two working days in advance, before the Time Slot.

6.5.             It is the responsibility of the User to be at the address provided by him when ordering the Services (“User Address“) for the entire Time Slot. In the event that the User has ordered the Services for additional Users, it is the responsibility of the User that ordered the Services to ensure the presence of all the other Users at the User’s Address during the Time Slot. In the event that a Test ordered was not performed due to the absence of a User and/or any of the other Users during the Time Slot, the payment for the ordered Service that was not performed due to such absence will not be refunded.

6.6.             As a prerequisite for the provision of some Services, the User is required to follow legal procedures and protocols, including personal identification, consent to perform the Services, medical questionnaire, waiver of confidentiality etc. as guided by the App or AIDG.

6.7.             The sample collection can be performed by authorized medical professional or as a self-test kit, using sampling kits, safeguards, and standards approved by the Israeli Ministry of Health. The Test, as part of the Services, is performed by taking a sample from a described body location of a specific User. After performing the aforementioned sampling, the sample will be sent to a laboratory for molecular testing. The molecular testing is performed by certified laboratories approved by the Israeli Ministry of Health. 

6.8.             For the benefit of providing the Services, AIDG also operates via professional representatives, suppliers and subcontractors and other services providers, including certified laboratories authorized by the Israeli Ministry of Health to perform diagnostic tests and recognized medical organizations, such as the Rescue Union Organization.

6.9.             AIDG does not undertake to execute the Services in general, and the Result in particular, both during the Time Slot and at any time thereafter, for any particular purpose or target.

6.10.          A notification on receipt of the Result will be made by Customer Service and/or by email and/or text message to the User’s mobile phone. The Result can be accessed via the App. When the Result is delivered by a medical professional it is the User’s responsibility to make sure that the Time Slot and schedules for testing and receiving the said Result suit his needs.

6.11.          It is clarified that there may be delays in delivering Test Results depending on, inter alia, the workload at the laboratories and as per national needs as determined by the Israeli Ministry of Health from time to time.

6.12.          It is also clarified that in accordance with AIDG’s obligations by law and as specified in the Privacy Policy, AIDG may be obliged to make use and/or share information related to the User and/or any one on his behalf, including in relation to the Test and/or Result, to third parties. For example, in accordance with the reporting obligation under the provisions of Regulations 65 and 66 of the Public Health (Medical Laboratories) Regulations, 1977, in the event of a positive Result or suspicion of a positive Result, AIDG is obliged to report the Result to the Israeli Ministry of Health and/or the Central Virus Laboratory and/or any other body or entity in accordance with the law. Without derogating from Section 3 above, the User hereby explicitly acknowledge that he is aware of the aforementioned obligation to report to the applicable authorities, and specifically grants his consent thereto.

7.         Purchasing the Services

7.1.             AIDG allows the Users to purchase the Services available on the App by paying the service fee, and subject to the Terms of Use and the terms of employment which are indicated next to each Service (“Transaction“). All amounts listed on the App are denominated in Israeli Currency – NIS – included VAT, unless expressly stated otherwise.

7.2.             Unless otherwise agreed by AIDG, all payments for Services shall be paid in advance by the User or by presenting a valid coupon discount and/or valid service free voucher and/or valid referrer.  

7.3.             Without derogating from Section 2 above, AIDG may, from time to time and at its sole discretion, update the terms of the Transaction, add or remove details, remove products and/or Services that are out of stock or not available for any reason or update and/or change the Services’ prices.

7.4.             You can pay with a valid credit card that can be cleared via any of the credit card companies that cooperate with AIDG and operate legally in Israel. To do this, enter the credit card details and the payer’s related details in the appropriate space provided for in the App. After entering the required details and sending them, You will receive a confirmation stating that the payment details have been entered on the App. Only after the credit card information validation has been completed and the receipt of the credit card company’s approval to make the payment, shall the Transaction be considered executable. For the avoidance of any doubt, it is clarified that sending the result certificate does not constitute evidence of the Transaction’s execution and does not legally bind AIDG. AIDG’s records, in connection with the actions performed on the App, will constitute prima facie evidence of what is stated in them.  

7.5.             In order for AIDG to be able to provide the ordered Services, the order must be properly received and recorded, containing all the correct details required to place the order, including a valid confirmation of payment. If the You receive a notification regarding incorrect details in your order or a notification regarding a malfunction or error that occurred while making the Transaction or entering its related details, please contact AIDG immediately by sending an email to:_app@aidg.com. AIDG and/or anyone on its behalf will not be held liable for any result deriving from incorrect specifications, error or malfunction in the receipt of the order.

7.6.             In the event that AIDG and/or anyone on its behalf arrives at the User Address based on incorrect information provided by the User, AIDG may not refund the payment for the ordered Service that was not performed due to such incorrect information and may charge the User an additional fee for having to coordinate and re-perform the Service.

7.7.             AIDG reserves the right to restrict and/or limit the Services which can be purchased with any order.

7.8.             Without derogating from Section 14 below, the images describing the various Services on the App are for illustration purposes only and should not be relied upon. There may be errors or discrepancies between the images and the various Services ordered which are due, among other things, to the fact that the products and/or Services are photographed and displayed on a digital screen. Nothing stated on the App and the information contained therein constitutes an offer, solicitation or advice for the purchase of a service and/or product and/or for the performance of any actions.

8.         Cancelling a Transaction

8.1.             Cancellation of a Transaction must be made no later than twenty-four (24) hours before the Test. Notice of cancellation of the Transaction must be made by email to:_app@aidg.com and in accordance with the relevant Terms of Use terms, subject to the provisions of the law regarding cancellation of transactions, including the Consumer Protection Law, 1981.  In case the Transaction was cancelled by the User in accordance with the Terms of Use, AIDG will credit the credit card through which the Transaction was made.

8.2.             Without prejudice to any of the terms of the Terms of Use, in any of the cases set forth below, AIDG may, without it being interpreted as assuming any liability, cancel the Transaction (in whole or in part) and/or refund the User for the Transaction or cancel the charge in the credit card through which the Transaction was made:

8.2.1.            In case of a good faith error in any of the information specified on the App regarding the Service, including the price of the specific Service or a description on the basis of which the Transaction was made.

8.2.2.            In case of a downtime or malfunction in the normal operation of the App due to force majeure, and/or due to a case of a material malfunction in the computer system or other communication systems serving AIDG, and/or in any other case in which factors and/or events beyond AIDG’s control of the proper operation of the App, the completion of the ordering process or the delivery of the products and/or Services.

8.2.3.            In case that the User fails to meet one or more of his obligations, including the obligation to pay the consideration for the Service he purchased and/or in any case where the Service providers provided incorrect and/or inaccurate and/or imperfect details, such as in case of non-approval of the Transaction by the credit card company.

8.2.4.            In case that after termination of a Transaction it has been discovered that the Service cannot be provided for any reason.

Any action that has been canceled as aforesaid will not entitle the User to any remedy and the User will not have any claims against AIDG as a result thereof.

8.3.             The User may, at any time, contact AIDG by sending an email to: app@aidg.com requesting that AIDG blocks the authorizations to charge his credit card on the App, for any reason.

9.         Promotions and Benefits

9.1.             The App will be updated from time to time with information about promotions and benefits. The User may be allowed to participate in such promotions and benefits. Participation in promotions and use of benefits are subject to the relevant promotion regulations or conditions to be determined at the sole discretion of AIDG and subject to the applicable law.

9.2.             It is clarified that, in any case, the ability to take advantage of the promotions and benefits is subject to the existing and available inventory of AIDG. The User releases AIDG and/or anyone on its behalf from any liability for any damage caused to the User and/or anyone on his behalf due to using and/or inability to use any promotions and/or benefits

10.     Intellectual Property, Limited License and Feedback

10.1.          All rights of any kind, including intellectual property rights, on the App and/or related to the Services, in content, designs, applications, tools and other components on the App and/or related to the Services, as well as in any intellectual property rights including Patents, copyrights, designs, trade secrets and trademarks, applications for registration of these rights and/or any invention, improvement, innovation, development, discovery, alteration, or creation related to the App and/or the Services (“Intellectual Property Rights“) are the property of AIDG.

Content” means any information of any kind, including (but not limited to) any document, record, image, photograph, illustration, animation, chart, character, video, audio file, software, file, computer code, application, format, Protocol, database, user interfaces, as well as any character, sign, symbol, and icon, and all of them in any media or format whatsoever.

10.2.          AIDG hereby grants You a limited, revocable license, which is not exclusive and is not transferable or assignable to make use of the App and/or Services for the sole purpose of the Intended Use and in accordance with the Terms of Use and law. Beyond what is explicitly granted, AIDG does not grant or waive any right or license, express or implied, in connection with the App and/or the Services, the Content and the Intellectual Property Rights.

10.3.          To the extent that the User sends to AIDG information and/or feedback and/or recommendations and/or objections regarding the App and/or the Services, and/or data such as de-identified/ non-personal information and/or statistical information provided by the User or created in an ancillary manner during the usage of the App and/or provision of the Services (“User Notices“), AIDG shall own the exclusive proprietary rights on the User Notices, and may use them at its sole discretion without having to pay or compensate the User in any way  for the User Notices. In addition, it is clarified that the User Notices are not confidential, and AIDG will not bear confidential duties regarding them.

11.     Notice and Removal

11.1.          AIDG reserves the right to remove content from the App which, according to third parties, infringes their intellectual property rights and/or other rights.

11.2.          If You believe that any content appearing on the App violates your rights, or that of a third party, or violates any other provision of the Terms of Use, please email to: app@aidg.com and indicate the following details: (a) your full details and details how to get in contact with You (full name, address, mobile phone, email); (b) an accurate identification of the content that You claim is infringing and a detailed explanation in what way it is infringing; and (c) your signed statement that to the best of your knowledge the information You provide is complete and correct.

12.     Links, publications and Third Parties’ Contents

12.1.          The App may contain links to various pages and sites on the Internet that are not managed and/or operated and/or controlled by AIDG and/or anyone on its behalf. The content contained in the links is not published by or on behalf of AIDG and AIDG does not control or monitor it, and the fact that AIDG links to these content does not indicate its acceptance of the content and does not constitute a guarantee of its reliability, being up to date or legality. AIDG is not responsible for such content and will not bear any responsibility for any damage caused to You and/or any third party as a result of its use and/or reliance on it. The use of these pages and websites is subject to the terms of use and privacy policies that appear on them, and not to the Terms of Use and Privacy Policy of AIDG and is done at your own risk. AIDG encourages You to exercise discretion and carefully review the terms of use and privacy policy of any such page or site.

12.2.          The App may contain commercial information submitted for publication on behalf of various advertisers. Such advertising does not constitute a recommendation or encouragement to purchase any service, asset or product offered in the advertisements. AIDG and/or anyone acting on its behalf will not bear any responsibility for the content of the commercial information as stated above and any transaction made following an advertisement or information published on the site and such transaction will be concluded directly between You and the advertiser concerned.

13.     Privacy Policy

13.1.          General

13.1.1.        Welcome to the AIDG App of AID Genomics Ltd. Lic. 515882884 (“AIDG”) for testing and issuing test results with relation to biomarkers of various diseases, including Covid-19 virus and related micro-biological and genetic disorders (“App“). The App serves as an additional and complementary mean to facilitate AIDG’s diagnostic services to the general public. For more information about the App and/or the Services please see the relevant provisions of the Terms of Use.

13.1.2.        AIDG values your privacy and committed to protect it in accordance with the provisions of this Privacy Policy and law. The purpose of the Privacy Policy is to explain You what information AIDG collects from You and/or your device and how AIDG accesses, collects, uses, stores, and shares such information.

13.1.3.        The Privacy Policy set forth below constitute an integral part of the Terms of Use. Without derogating from the other provisions of the Terms of Use –

13.1.3.1.        entering the App and registering to the App and/or Services Agreement and/or using the App constitutes and expresses your consent to the Privacy Policy and by doing so You declare that You have read and understand, are aware of and fully agree with the Privacy Policy and to act in accordance with it without any limitation or reservation. If You do not agree to the Privacy Policy, You are thereby requested to immediately cease any use of the App.

13.1.3.2.        AIDG may, from time to time, and in its sole discretion, change the provisions of the Privacy Policy to reflect, inter alia, technological, business, legal and/or regulatory changes. In the event that the Privacy Policy will be changed, You will be notified accordingly. You shall not be required to re-approve the Privacy Policy following such change, though You can, at any time, disconnect from the App and deleting the User’s account and all information related to it by clicking on the “Delete Account” button in the App’s Settings menu or by contacting AIDG via email: app@aidg.com.

13.1.3.3.        All terms used in the Privacy Policy shall have the meaning attributed to them in the Terms of Use, unless explicitly provided otherwise.

13.1.4.        The “Effective Date” of this Privacy Policy is that of the Terms of Use.

13.1.5.        The App fully complies with the Israeli law, regulations, and rules regarding privacy.

13.1.6.        For further clarifications regarding the Privacy Policy, please contact us by email: app@aidg.com.

13.2.          What Information AIDG Collects

13.2.1.        Information You Provide to AIDG

13.2.1.1.        Personal Demographic and Communication Information” – full name; date of birth; residential address; email address; cell phone number; healthcare provider details; contents of messages or attachments that you send to AIDG when contacting AIDG.

13.2.1.2.        Identification Information” – full name; date of birth; ID number; facial image; copies of legal identification documents (such as ID, passport and driving license); legal proof of custodianship or guardianship (as required by the Terms of Use or law); approval of the User’s custodian or guardian consent (as required by the Terms of Use or law).

13.2.1.3.        Medical Information” – waiver of confidentiality; lifestyle questionnaire; health conditions; medical symptoms; biomarkers; Results of the diagnostic Tests.

13.2.1.4.        Test’s Information” – Video and audio records and images of the Test kit, the performance of the Test and your body parts involved in the Test; Results of the diagnostic Tests.

13.2.1.5.        Payment Information” – your payment related information, such as full name, date of birth, ID number, mean of payment, credit card details, transactions sum and other common financial information.

13.2.1.6.        Additional Information” – additional information that You may be required to provide for the provision of various Services, to the extent required for such provision. In this case, the provision of the additional information will be subject to your explicit consent in advance.

13.2.2.        Information AIDG Collects from You and Your Device

13.2.2.1.        Device Information” – usage patterns and User activity in the App; IP address; web browser type; operating system version; device identifiers or other identifiers; information relating to traffic on internet servers, including Wi-Fi state.

13.2.2.2.        Usage Information” – information about your usage of the App and Services, such as the pages you visit, contents you search and dates and times of your visits.

13.2.2.3.        “Information from Cookies and other Technologies”
(a) WIFI connection must be available for the App to provide Services, App requires permission to collect SSID/BSSID From ACCESS_WIFI_STATE to display an active internet-connection state. When no connection, a “No internet connection” message will be rendered for the User – no related data is stored. (b) App requires the Users’ permission to use the device camera and active acceptance via pop-up messages for capturing Identification document (during registration), User face (during registration and self-tests), Barcode scanning (during self-tests). User actively captures the images and videos and submits them to AIDG for analysis. Media is used to establish the Users identity with facial recognition and to analyze that the test was performed as required with image recognition; Barcode scanning at start and end of test is required to identify the test kit. Data is stored by AIDG and can be deleted from the App settings menu. Camera libraries require the User to provide device permission to access files in media / shared storage directories from WRITE_EXTERNAL_STORAGE, Audio from RECORD_AUDIO permission, and Camera from CAMERA permission.

13.3.          How AIDG Collects the Information

AIDG may collect information from You and/or related to you when You use the App, including when You download and install the App, register to the App, purchase Services, receive Services and/or contacting AIDG, from the following main sources:

13.3.1.        Voluntary entering of information by You – from this source, AIDG may collects Personal Demographic and Communication Information, Test’s Information, Payment Information and Additional Information.

13.3.2.        Voluntary provision of information by You – from this source, AIDG may collects Identification Information, Medical Information, Test’s Information and Additional Information. Please be noted that the use of this source may require access to your device and/or its capabilities and therefore such access is subject to your prior explicit consent and permission, as specified in Section 13.7 below.

13.3.3.        Voluntary sharing of information by You – from this source, AIDG may collect Identification document (during registration), User face (during registration and self-tests), Barcode scanning (during self-tests), video and/or snapshot images of conducting the test. Please be noted that the use of this source may require access to your device and/or its capabilities and therefore such access is subject to your prior explicit consent and permission, as specified in Section 13.7 below. 

13.3.4.        Automatic collection of information performed by the App – from this source, AIDG may collects Device Information, Usage Information and Information from Cookies and other Technologies. Please be noted that the use of this source may require access to your device and/or its capabilities and therefore such access is subject to your prior explicit consent and permission, as specified in Section 13.7 below.   

Please be noted that there is no legal obligation for You to provide AIDG with any information and its provision is subject to your free will and consent, but failure to provide such information may lead to the failure of the App and/or Services’ provision (in whole or in part). In any case and at any time, You can disconnect from the App and deleting your account, as specified in Section 13.1.3.2 above. You hereby waive and will be prevented from raising any claim against AIDG and/or anyone on its behalf in connection with collection of such information by AIDG and/or anyone on its behalf.

13.4.          How AIDG Uses the Collected Information

AIDG may use the collected information only for necessary and crucial usages required for the operation of the App and provision of the Services as specified in this Section 13.4.

13.4.1.        In all Services (except Covid-19 Services)

13.4.1.1.        AIDG may use Personal Demographic and Communication Information

13.4.1.1.1.       to establish reliable communication between You and AIDG and/or anyone on its behalf;

13.4.1.1.2.       to provide the Services in accordance with your personal characteristics and preferences, such as adapting the Services to your age, providing the Services at your place of residence and coordinating the provision of the Services with your healthcare provider.

13.4.1.1.3.       to contact and update you regarding Services and promotions offered by AIDG and/or anyone on its behalf.

13.4.1.2.        AIDG may use Identification Information

13.4.1.2.1.       to ensure the correct identification of You, including as required by law;

13.4.1.2.2.       to examine and ensure your eligibility to use the App and receive the Services in accordance with the Terms of Use and law;

13.4.1.2.3.       To attribute the provided Services, including the Test’s Kit and/or Results, to you and for the usages specified in Section 13.4.1.3 below.

13.4.1.3.        AIDG may use Medical Information and Test’s Information

13.4.1.3.1.       to provide the Services, including as required by law;

13.4.1.3.2.       to enable the correct and valid performance of the Services, including the Test;

13.4.1.3.3.       to document the medical Services and Results and report the Results as required by law and as specifies in Section 13.6.3.1.1 below).

13.4.1.4.        AIDG may use Payment Information

13.4.1.4.1.       to allow payments to be made;

13.4.1.4.2.       to document and prove the transactions.

13.4.1.5.        AIDG may use Additional Information – to the usages for which the Additional Information is required for, as will be provided to You upon your consent to provide such information.

13.4.1.6.        AIDG may use Device Information

13.4.1.6.1.       to identify and register the device as a sampling device.  

13.4.1.6.2.       to verify an active WIFI internet connection.

13.4.1.7.        AIDG may use Usage Information

13.4.1.7.1.       to help understand your use of the App and Services so as to improve them, including in compatibility to your personal preferences.

13.4.1.8.        AIDG may use Information from Cookies and other Technologies

13.4.1.8.1.       to store last state of application.

13.4.1.8.2.       to store data until AIDG confirms receipt.

13.4.1.9.        AIDG may make general usages in all information

13.4.1.9.1.       to enable the necessary and crucial operation of the App, including improving, enriching and updating the App.

13.4.1.9.2.       to provide the Services, including improving, enriching and updating the Services;

13.4.1.9.3.       to provide customer support, including providing information that you request, responding to your messages, comments, feedbacks and questions and updating you regarding Services and promotions offered by AIDG and/or anyone on its behalf.

13.4.1.9.4.       to share the information with third parties as specified in and subject to the provisions of Section 13.6 below and in any case – in accordance with the law. Notwithstanding the aforesaid and subject to the law, it is clarified that AIDG shall not share Payment Information with any one for any reason, except in cases that such information is directly required for making and/or documenting the User’s payments to AIDG and only to recognized financial companies such as banks or credit card companies.

13.4.1.9.5.       to aggregate and analyze de-identified, non-personal information and/or statistical information for research and development.

13.4.1.9.6.       to comply with the Terms of Use and law and to respond to trust or safety issues.

13.4.1.9.7.       to make other usages subject to specific notice prior to the collection of the relevant information.

Without derogating from the other provisions of the Terms Of Use and Section 13.1.3.1 above, You are hereby declare that You fully agree to the Provisions of this Section 13.4 regarding the various usages AIDG may make with the aforesaid information. If You do not agree, You thereby requested to immediately cease any use of the App.

13.4.2.        In Services Related to Covid-19

AIDG may access and/or use the information as specified in Section 13.4.1 in the following limited manners:

13.4.2.1.        To access such information only as directly required to support the public health emergency;

13.4.2.2.        To use such information only to directly support Covid-19 related efforts and/or epidemiological research.

13.5.           How AIDG Stores the Collected Information and For How Long

13.5.1.        Any information (as defined in the Protection of Privacy Law, 1981), that will be provided to AIDG and/or collected by AIDG and which AIDG will keep, shall be stored in registered databases of AIDG and/or of anyone on its behalf in accordance with the Privacy Policy and law, including the Protection of Privacy Law, 1981 and relevant regulations.

13.5.2.        The stored information will be stored, as aforesaid, only for the time required and as reasonable for the purposes for which the information was collected or until AIDG receives an express request from You for deletion and in any case – as required by law via the App settings menu.

13.5.3.        COVID-19 results are valid for 72 hours, related test data is deleted automatically after one month if no claim ae made against the test or the result.

13.5.4.        Please be noted that at any time, You can disconnect from the App and deleting the User’s account (including removing yourself from the databases), as specified in Section  13.1.3.2 above, though it may lead to the failure of the App and/or Services’ provision (in whole or in part). You hereby waive and will be prevented from raising any claim against AIDG and/or anyone on its behalf in connection with the withholding or not-withholding of such information on the databases.

13.6.          How AIDG Shares the Collected Information

AIDG may share or transfer the information to third parties as follows:

13.6.1.        AIDG’s Services Providers

13.6.1.1.        AIDG may share with or transfer the collected information to AIDG’s Services providers for the purpose of providing the Services on its behalf.

13.6.1.2.        It is clarified that AIDG will ensure that its Services providers with whom it will share or to whom it will transfer the information impose the same (or in any event no inferior) means of protection for the information.

13.6.2.        Marketing, Advertising and Statistics

13.6.2.1.        AIDG may share with or transfer the information to third parties for marketing and advertising and/or statistical purposes, subject to your prior consent for such share or transfer. Please be noted that you can revoke your consent at any time and cease the information sharing or transferring by email to: app@aidg.com.

13.6.3.        As Required by Law and/or Similar Purposes

13.6.3.1.        AIDG may share with or transfer the information to third parties in any of the following cases:

13.6.3.1.1.       In case AIDG is required by law to share or transfer such information. For example, in accordance with the reporting obligation under the provisions of Regulations 65 and 66 of the Public Health (Medical Laboratories) Regulations, 1977, in the event of a positive Result or suspicion of a positive Result, AIDG is required to report the Result to the Israeli Ministry of Health and/or the Central Virus Laboratory and/or any other body or entity in accordance with the law. Without derogating from anything to the contrary in the Privacy Policy, You are hereby explicitly acknowledge that You are aware of the aforementioned obligation to report to the applicable authorities, and specifically grants your consent thereto.

13.6.3.1.2.       In case of an order by the court or applicable authority directing AIDG to disclose information to third parties.

13.6.3.1.3.       In case You and/or anyone on your behalf violate or attempt to violate the provisions of the Terms of Use and/or law.

13.6.3.1.4.       In case of any dispute, claim, lawsuit, demand and/or legal proceedings which may be conducted between You and/or anyone on your behalf and AIDG and/or anyone on its behalf.

13.6.3.1.5.       In case where AIDG deems that providing the information is necessary in order to prevent serious damage to the property and/or bodily injury of AIDG, yourself and/or third parties.

13.6.4.        Transfer of Rights

13.6.4.1.        AIDG may share with or transfer the information to third parties in case AIDG transfers and/or assigns its activities (in whole or in part) and/or its rights and/or obligations (in whole or in part) to third parties, provided that the third parties undertake to comply with the provisions or the Terms of Use.

13.6.5.        Additional Purposes

13.6.5.1.        AIDG may share with or transfer the information to third parties, for any purpose, in any of the following cases:

13.6.5.1.1.       In case that the shared or transferred information does not directly identify You by your name and/or identity, subject to the provision of Section 13.4.1.9.4 above with respect to limited use that AIDG may make of Payment Information.

13.6.5.1.2.       In case you provide your own prior requirement or consent for such share or transfer.

13.7.          Accesses and App’s Permissions

As already mentioned in Sections 13.3 and 13.4 above, AIDG may collect information from various sources, some of which require to access to your device and/or its capabilities and therefore such access is subject to your prior explicit consent and permission, as follows:

13.7.1.        SSID/BSSID From Access Wifi StateWIFI connection must be available for the App to successfully provide Services, App requires permission to collect SSID/BSSID From ACCESS_WIFI_STATE to display an active internet-connection state. When no connection, a “No internet connection” message will be rendered for the User. Connection is verified before starting a test procedure that may fail without an active WIFI connection – no related data is stored.

13.7.2.        Files in Media and Shared Stored Directories From Write External StorageApp requires the Users’ permission to use the device camera and active acceptance via pop-up messages for capturing Identification document (during registration), User face (during registration and self-tests), Barcode scanning (during self-tests). User actively captures the images and videos and submits them to AIDG for analysis. Permission is required by the  react-native-vision-camera  camera library.

13.7.3.        Audio From Record AudioApp requires the Users’ permission to use the device camera to record video and active acceptance via pop-up messages for capturing Identification document (during registration), User face (during registration and self-tests), Barcode scanning (during self-tests). User actively captures the images and videos and submits them to AIDG for analysis. Permission is required by the  react-native-vision-camera  camera library.

13.7.4.        Camera From CameraApp requires the Users’ permission to use the device camera and active acceptance via pop-up messages for capturing Identification document (during registration), User face (during registration and self-tests), Barcode scanning (during self-tests). User actively captures the images and videos and submits them to AIDG for analysis. Permission is required by the  react-native-vision-camera  camera library.

13.7.5.        Local storage and/or Cookies

User Preference, Language Files, App last state, data on transit to AIDG is temporarily stored on the user device while the app is running.  (b) Media is used to establish the Users identity with facial recognition and to analyze that the test was performed as required with image recognition; Barcode scanning at start and end of test is required to identify the test kit. Data is stored by AIDG and can be deleted from the App settings menu. Camera libraries require the User to provide device permission to access files in media / shared storage directories from WRITE_EXTERNAL_STORAGE, Audio from RECORD_AUDIO permission, and Camera from CAMERA permission.

13.7.6.        Schedule Exact Alarm – Some of the diagnostics Services are based on a two-phase test where User conducts the initial step and is required to commence at an exact period of time from finishing the first phase. The App displays a timer countdown between phases to ensure that the test is performed as required and is concluded on, time even if App is running in the background / terminated, the App may access the User’s device’s “Alarms & reminders” capability (Schedule Exact Alarm) subject to the User’s general consent set forth in Section 1.6 to the Terms of Use.

13.7.7.        App Management Software – The App uses management software for its day-to-day analysis of App operations, performance, and proper operation, including to collect statistics about the use of the App, to verify details, to adapt the App to the User’s personal preferences and information security needs. AIDG takes precautionary measures to ensure that only AIDG’s and / or any one on its behalf’s computers can read and understand the information stored in them.

13.7.8.        Device Identifiers or Other Identifiers the App provides health diagnostic services as such AIDG is required to register the device Identifiers and report the device as the medical device that was used to perform the test with the identity of the test kit and the identity of the User the executed the test. The use of such information collected in that way will be in accordance with the terms of the Privacy Policy.

Please be noted that You have no obligation to provide the aforesaid consents and/or permissions, but failure to provide the required consents and/or permissions may lead to the failure of the App and/or Services’ provision (in whole or in part).

13.8.          Information Security

13.8.1.        AIDG takes innovative and reasonable measures to maintain the security of the information that is being provided to AIDG and/or collected by AIDG, and which AIDG keeps, in accordance with the Privacy Policy and law. In this context, AIDG –

13.8.1.1.        embodies and implements information security systems and procedures, taking common precautions and using advanced security technologies, to protect the confidentiality of the information and to prevent unauthorized access.

13.8.1.2.        takes ongoing measures to update and renew its security systems and procedures in accordance with the law. 

13.8.2.        However, AIDG hereby clarifies that it does not commit that the App will be operated properly, without any interruption and/or that the App and/or information collected and/or provided to AIDG as aforesaid will be completely immune from unauthorized access and/or intrusion into the AIDG’s and/or any one on its behalf’s databases. Thereby, You declare that you aware and agree that AIDG will not be liable for any damage and/or loss, direct or indirect, caused as a result of the aforesaid in relation to information security, including invasion of privacy.

14.     Disclaimers, Limited Liability and Indemnification

Notwithstanding anything elsewhere in the Terms of Use –

14.1.          The User’s use of the App and/or Services is at the User’s own risk.

14.2.          The App and the Services are provided on an “As-Is” and “As available” basis.

14.3.          To the fullest extent possible under any applicable law, AIDG makes no representation or warranty as to the accuracy, reliability completeness and/or usefulness of information and/or Services or other warranty of any kind, including any implied warranty of quality, merchantability, fitness for a particular purpose, or non-infringement. Without derogating from the aforesaid –

14.3.1.        AIDG does not warrant that – (a) the App will meet the User’s expectations or requirements; (b) the Services and/or contents contained in the App shall be provided without interruption or errors, and it reserves the right to terminate the availability of the App and/or Services, at any time, at its sole discretion and without prior notice; (c) subject to the provisions of the applicable law, the App shall be immune from unauthorized access to AIDG’s and/or any one on its behalf’s computers and/or servers and/or from malfunctions, accidents and/or failures in the hardware, software and/or any other communication system of AIDG and/or anyone acting on its behalf. It is clarified that AIDG may change (including expand or reduce) the App’s and/or the Services’ characteristics, at its sole discretion without giving any notice thereof.

14.3.2.        Different variables beyond the control of AIDG may lead to a Result that is not fully accurate. For example, when the Test is taken at a very early stage of infection, not performed as required by the manufacturer, and other general margins of errors when providing the Services. Therefore, as it is customary in this field of operation, AIDG does not warrant that the Result is fully accurate. As part of the actions taken by AIDG to ensure the accuracy of the Result, in some cases the Test may be performed several times, thus reducing the probability of an inaccurate Results. In any case, if You bear well-founded suspicions of inaccuracy in your Result, please report to us by email to: app@aidg.com.

14.3.3.        AIDG may change any aspect relating to the App and/or Services, without notice. Such change will be made, inter alia, taking into account the dynamic nature of the Internet and the technological changes and/or other relevant changes. By their nature, such change may involve malfunctions or initially cause discomfort. The User represents that he will not have any claim against AIDG and/or any one on its behalf in respect of any such change, malfunction or discomfort that may occur in the course of and/or as a result of such change or its implementation.

14.3.4.        AIDG takes various security measures in order to maintain the privacy of the Users and the information provided on the App. However, the App may be exposed to security breaches or intrusions into its servers. Using of the App releases AIDG and/or anyone on its behalf from any liability for any damage caused to the User and/or anyone on his behalf due to misuse made on the App, including security breaches or intrusion into the App’s servers. Therefore, AIDG recommends the Users to take appropriate measures regarding data security, including installing security software, detecting and reporting abnormalities etc.

14.4.          Without prejudice to the rights and remedies available to AIDG under any law or agreement, AIDG may suspend or block, either temporarily or permanently, the access to the App and/or the Service, at its sole discretion, in the following cases:  (a) committing or attempting to commit an illegal act or an act contrary to the provisions of the Terms of Use; (b) providing incorrect information at the time of registration or thereafter; (c) committing any act or omission that may harm AIDG  and/or any one on its behalf, including interfering the proper operation of the App or computer systems or infringing intellectual property rights. The User shall have no claim or demand against AIDG and/or any one on its behalf in relation to the aforesaid cases.

14.5.          In no event shall AIDG be liable to any party for any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of the use of the App and/or Services and/or of the reliance upon any information or material contained in or accessed to via the App and/or the Services, or any other hyperlinked website or page, weather uploaded by AIDG or by any other party, including, damages arising from loss of profits, business interruption, or loss of data, even if AIDG is expressly advised about the possibility of such damages, to the fullest extent allowable by law. The use of the App and/or the Services is at the sole risk of the User. Under no circumstances shall AIDG and/or any of its directors, officers, employees, distributors, agents or any one on its behalf be liable for any direct or indirect losses and/or damages arising out of and/or in connection with the access, use, or inability to use the App and/or the Services and/or the reliance on any information contained in or accessed to via the App and/or the Services. Without derogating from the aforesaid, AIDG and/or any one on its behalf shall not be liable in any way for possible errors or omissions in the contents contained in or accessed to via the App and/or the Services. To the fullest extent possible under any applicable law, this limitation of liability shall apply to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary, punitive and/or otherwise, including without limitation, loss of data, revenue or profits. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability and/or any other basis and even if an authorized representative of AIDG has been advised of and/or should have known of the possibility of such damages. The User will not have any claim, demand and/or cause of action against AIDG and/or anyone on its behalf in connection with the App and/or the Services, including the availability of its contents, malfunctions and results of its use, and to the extent that the User have or may have any such claim, demand and/or cause of action, whether known or to be known in the future, the User waives it irrevocably.

14.6.          The User hereby undertakes to compensate and indemnify AIDG and/or any one on its behalf, upon first claim, for any damage, loss, liability, cost and/or expense, including attorney’s fees and legal expenses incurred by any of them, as a result of using the App and/or the Services by the User and/or by any one on its behalf, including in respect of any claim, demand or cause of action of a third party arising out any of the User’s acts or omissions. AIDG reserves the right to assume the sole protection and control of any legal process in any such matter. Such AIDG right will not relieve the User of his compensation or indemnification obligations in any case, and the User undertakes to fully cooperate with AIDG and/or anyone on its behalf for this purpose, including by providing information and materials related to the User. The User agrees not to reach any settlement in any matter related to his compensation or indemnification obligations, as set forth above, without the express prior written consent of AIDG.

15.     Miscellaneous

Any matter related, either directly or indirectly, to the App and/or the Services, including any dispute, controversy or legal proceeding related to the Terms of Use, shall be governed solely by the laws of the State of Israel. The exclusive place of jurisdiction for any such matter shall be vested in the competent courts in the Tel Aviv-Yafo district.

15.1.          In this Terms of Use, the term “including” shall, unless otherwise mentioned, mean – including, but not limited to the events, circumstances, persons, or other instances mentioned immediately after the term “including”.  

15.2.          The Terms of Use constitute the full legal contract between You and AIDG in relation to your use of the App.

15.3.          AIDG may transfer and/or assign its rights and/or obligations under the Terms of Use at any time to any third party without any consent of the User. Nevertheless, at any time, it is at the User discretion whether to disconnect from the App and/or Services, as specified in Section 2.1 above.

15.4.          For the convenience of the Users, AIDG operates in the English and Hebrew languages.

15.5.          If it is determined that any part of the Terms of Use is invalid, or unenforceable, then the terms whose validity has been revoked or unenforceable will be deemed to have been replaced by valid and enforceable terms whose content conforms to the original terms, while the other Terms of Use shall remain in full force and effect, as written.

15.6.          Any delay or abstention by AIDG from exercising or enforcing its rights under the Terms of Use shall never be deemed as a waiver or as a preclusion on its part from exercising its rights in the future, and AIDG may exercise its rights, in whole or in part, whenever it deems proper to do so, unless otherwise agreed by AIDG in writing.

 

If You have any questions regarding the Terms of Use, please feel free to contact us by sending an email to: app@aidg.com

 

AIDG wishes You a pleasant and useful use of the App.

 

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