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Terms of Use

Last updated April, 2015

This Application (the "App") is made available to you by Vertex Pharmaceuticals Incorporated (with its affiliates, “Vertex”) free of charge for use on your smartphone, or other mobile device (each, a “Device”). You may be charged standard rates or fees by wireless or telephone carriers or other parties that are not connected to Vertex for the download and use of the App. These Terms of Use ("Terms") constitute a legal agreement between you and Vertex stating the terms and conditions that govern your use of the App. These Terms may be updated from time to time at the sole discretion of Vertex. It is your responsibility to check the Vertex website for updates to the Terms, at CFDailyApp.com/terms

BY DOWNLOADING AND INSTALLING THE APP AND CLICKING "I ACCEPT", YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND ANY REVISIONS THEREOF WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE APP.

If you do not agree to these Terms, you should not click "I accept." This means you may not access or use the App. If the App has already been downloaded and installed, you must immediately uninstall the App. Vertex reserves the right to refuse you access to this App should you not comply with any part of these terms.

This App and its content are intended for U.S. residents only. You must be at least 18 years of age in order to download and/or use the App.

The Application

This App has been developed by Vertex as a tool to help cystic fibrosis patients or their caregiver(s) track which medications the patient has taken and at what time. The App and its contents are intended for informational purposes only and are not intended to replace any other efforts that you or your caregiver(s) are making to ensure that you take your prescribed medication at the correct times.

This App and its contents, including any reminder notifications or any other information delivered to you through use of the App, are not intended to constitute professional medical advice or information, or to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a healthcare professional for questions related to your disease, symptoms, medications and other treatments.

Personal Information

As a user of the App, you may choose to voluntarily enter data, including sensitive information of personal nature, into the App. You will be asked to create an account with a user ID, which will be your email address, and a password (your “Account”). You are responsible for maintaining the confidentiality of your user email and password, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. Your use of the App may also involve storage of your personal information on your Device. You are solely responsible for the security of that information on your Device.

In order to provide back-up functionality, all data entered into the App, as well as information on user ID and password, will be encrypted and transmitted to a secure server to be stored. The data will be encrypted during transfer from your Device to the secure server, and it will be encrypted during storage on the server as well. Information maintained on the secure server will be used only to back-up the information from your Device in the event of loss or damage, to sync your information with your account on another Device, as specified in these Terms, as you otherwise specifically authorize, or pursuant to a court order or other legal process requiring access and/or disclosure. If you wish to further protect your personal data, you should not enter your real name or any other information of personal nature into the App.

You may in the future be able to send the data you enter into the App by e-mail to yourself or to third parties, including to healthcare professionals. Since this data may contain sensitive information of personal nature, you agree to take all reasonable care to ensure the data is only sent to intended recipients. You also agree to not use this App to upload, e-mail, or otherwise transmit information of personal nature relating to anyone other than yourself without first receiving that person's consent.

You agree that Vertex may collect and use technical data and related information, including but not limited to, any technical information about the Device onto which the App has been downloaded, about system and application software, metrics about your use of the App (such as how often you use the App and for how long), and about peripherals, that are gathered periodically to facilitate the provision of software updates, product support and other services related to the use of the App. For more information about Vertex’s privacy commitments, please see the Vertex Data Privacy Policy.

Intellectual Property

You acknowledge and agree that the App constitutes or contains proprietary information and intellectual property, including copyright work, owned by Vertex and protected by applicable intellectual property and other laws. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the App in whole or in part, nor may you remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App. You acknowledge that you may use the App for your personal non-commercial purposes only, and that you will not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Use

The App (including any content provided, as described below) is provided on an "as is" and "as available" basis. Your use of the App is at your own risk. To the fullest extent permitted by applicable law, Vertex expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property rights. No information obtained by you from Vertex or through or from the App shall create any warranty or other obligation not expressly stated in these terms.

Vertex makes no warranty or representation that (i) the App will meet your requirements, (ii) the App will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the App will be accurate or reliable, (iv) the quality of any services, information, or other material obtained by you through the App will meet your expectations, or (v) the App will be free of viruses or other harmful components or will be compatible with your Device or its operating system. Vertex does not warrant the security or confidentiality of any data stored on or transmitted from your Device.

Vertex may update, modify, interrupt or discontinue any or all of the functionality of the App and make changes, corrections and/or improvements to the App (or any content on the App), at any time without notice to you. Vertex is not responsible for any costs, loss or damage that you incur as the result of any modification, interruption or discontinuance of any or all functionality of the App.

When you use the App, you are solely responsible for:

Vertex is not responsible for any costs, loss or damage that you incur as the result of your failure to meet any of these responsibilities.

Content

The App contains a library of tips related to daily living that may be periodically updated, such as tips related to food/nutrition, exercise and organization and planning, some of which may come from a third party source. Vertex disclaims any liability with regard to such content. You understand and agree that such content is for informational purposes only. The App is not intended to provide health or medical advice, and before making any decisions that may affect your health, you should consult a healthcare professional.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY ARISING FROM VERTEX’S NEGLIGENCE AS DETERMINED BY A COURT OF LAW, VERTEX HEREBY EXCLUDES LIABILITY FOR ANY CLAIMS, LOSS, DEMANDS, OR DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE APP, AND ANY CONTENT PROVIDED OR DISTRIBUTED THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS, OR OTHERWISE AND WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS HAS BEEN NOTIFIED TO VERTEX.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

General Information

These Terms constitute the entire agreement between you and Vertex and govern your use of the App, superseding any prior agreements between you and Vertex. The Terms and the relationship between you and Vertex shall be governed by, construed and interpreted in accordance with the laws of Massachusetts without regard to its conflicts of laws provisions.

Any failure by Vertex to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the validity and enforceability of any such provision and of all other provisions of these Terms will remain in full force and effect.

Contact

If you have questions about these Terms please contact us at

Vertex Corporate Headquarters
50 Northern Avenue
Boston, MA 02210
Tel 617-341-6100