Terms of Use

MIND Mobile Application Terms of Use

 

 

These Terms of Use (“Terms”) govern your use of the MIND mobile application (“App”), which is provided by Seattle Children’s Hospital (“Hospital,” “we,” or “us”). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the App.

 

The App is a research tool designed to support developmental research through tasks that analyze gaze behavior and facial orientation. It is intended solely for non-commercial, research-related use. The App does not provide clinical services, medical or psychological diagnosis, or treatment, and it is not a medical device as defined by applicable law, including U.S. Food and Drug Administration regulations.

 

Use of the App does not create a patient-provider relationship, and no part of the App should be relied upon as a substitute for professional medical or psychological advice, diagnosis, or treatment. The App may allow users to generate and share informational results or feedback; however, these outputs are not medical advice and are not reviewed or verified by licensed clinicians. The Hospital makes no medical claims or guarantees and does not warrant that the App is suitable for any health-related, diagnostic, or therapeutic purpose. Use and sharing of such content is at your own discretion and risk.

 

Use of the App is at your sole risk. If you have a medical concern or are experiencing an emergency, contact a qualified healthcare provider or call 911 immediately.

 

These Terms apply only to individuals located in the United States. The App is not offered or intended for use by individuals located outside the United States, including residents of the European Union or European Economic Area.

 

The App may temporarily collect and process video recordings of your child’s face for the purpose of automated gaze and facial behavior analysis. These videos are transmitted to a secure server that is compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) operated by a third-party service provider, automatically deleted after processing, and are never viewed or stored in a retrievable format by the Hospital. The data derived from these videos (e.g., gaze coordinates and facial landmarks) is de-identified prior to retention and used solely for research purposes. The third-party service provider does not retain, share, or use the data for any purposes other than those expressly permitted by the Hospital in service of the Hospital’s research mission.

 

 

The App is designed for use by children under 13 years of age, but may only be used with the active supervision and consent of a parent or legal guardian. Children may not create accounts or use the App independently. To access or use the App, a parent or guardian must:

 

• Be located in the United States;
• Affirmatively consent to the child’s participation in research through the App;
• Provide limited, non-identifying demographic information for research purposes; and
• Ensure appropriate supervision during all App use by the child.

 

The App does not collect personal identifiers such as names, email addresses, or precise birth dates.

By creating an account and using the App, you represent and warrant that you are the child’s parent or legal guardian, that you consent to the App’s collection and processing of your child’s behavioral data—including temporary video recordings for automated analysis—and that you understand this information is processed in compliance with applicable law and our Privacy Policy.

 

By using the App, you represent and warrant that you are a parent or legal guardian of the child user, have legal authority to provide consent, and agree to supervise all App use by the child user.

 

The Hospital is a nonprofit corporation and is not subject to the Children’s Online Privacy Protection Act (COPPA).

 

 

The App is made available solely for lawful, non-commercial research use by parents or legal guardians supervising child participants. By using the App, you agree to use it only as intended and in accordance with these Terms and the accompanying Privacy Policy, which sets forth how data is collected, used, stored, and disclosed.

 

The App facilitates structured activities designed to collect behavioral and demographic data for research purposes under parental supervision. Use of the App is permitted solely for purposes consistent with:

 

• Participation in research studies,
• Evaluation and enhancement of app performance and user experience, and
• Other lawful purposes as described in the Privacy Policy.

 

Prohibited Uses: You may not use the App:

 

• To diagnose or treat any medical or developmental condition;
• In any manner that violates law or regulation;
• To interfere with or disrupt the App’s functionality, integrity, or infrastructure;
• To reverse-engineer, copy, or extract any part of the App or its content;
• To impersonate any person or misrepresent your relationship to a participant; or
• For any commercial or advertising purposes.

 

Nothing in the App constitutes medical advice, and use of the App does not establish a patient-provider relationship.

 

We reserve the right to restrict, suspend, or terminate your access if we determine that you are using the App in violation of these Terms or in a way that compromises safety, integrity, or lawful operation.

 

 

As the supervising adult, you are responsible for ensuring that the App is used appropriately, safely, and lawfully. Specifically, you agree to:

 

• Use the App only within the United States and in accordance with applicable laws;
• Provide accurate, non-identifiable information about the child participant as requested;
• Supervise all App interactions by the child;
• Maintain the security of your device and any App access credentials;
• Refrain from submitting false data or interfering with data collection processes.

 

You understand that:

 

• Information collected by the App is governed by the Privacy Policy, which explains how it may be used, disclosed, and retained;
• The data collected is not linked to personal identifiers, and once submitted, cannot be withdrawn or deleted;
• Participation is voluntary and may be ended at any time by ceasing use and deleting the App from your device.
• You are solely responsible for any use of the App from your device, and for compliance with these Terms and all related policies.

 

 

Your use of the App is subject to our Privacy Policy (the “Privacy Policy”), which explains what information is collected, how it is used, and under what circumstances it may be disclosed. By using the App, you agree to the terms of the Privacy Policy and acknowledge that you have read and understood it.

 

As further described in our Privacy Policy, the App may temporarily record short video clips of the child’s face to perform automated gaze and facial behavior analysis. These videos are processed by a third-party vendor that complies with HIPAA security standards and are automatically deleted after analysis. The Hospital does not store or access these videos and retains only non-identifiable, derived data.

 

By continuing to use the App, you acknowledge and consent to this form of data collection and understand that such video recordings may constitute “personal information” under applicable federal and state privacy laws.

 

 

The App and all content, features, and functionality (including but not limited to software, design, algorithms, text, images, video, and other materials) are owned by the Hospital or its licensors and are protected by United States and international intellectual property laws.

 

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for its intended, lawful purposes, subject to these Terms. You may not:

 

• Copy, reproduce, modify, or create derivative works based on the App or its content;
• Decompile, reverse-engineer, or attempt to extract the App’s source code or design;
• Sell, rent, lease, sublicense, or otherwise distribute or exploit the App;
• Use the App or its content for any commercial purpose or unauthorized purpose.

 

All rights not expressly granted in these Terms are reserved by the Hospital. Use of the App does not grant you any ownership rights in the App or any intellectual property therein.

 

Certain features of the App may reference or display content from third-party sources. All such content is used under appropriate licenses or permissions. Users may not copy, reproduce, or distribute third-party content unless expressly permitted by the rights holder.

 

If the App enables you to upload, share, or transmit feedback or other content, you remain solely responsible for any such content. By sharing content through the App, you grant the Hospital a limited, non-exclusive right to use, store, or process such content solely for the purposes of operating and improving the App. You agree not to upload or share content that is unlawful, harmful, or violates the rights of others.

 

 

We may, from time to time, develop and release updates to the App. These updates may include enhancements, new features, performance improvements, security patches, or the removal of existing features. You acknowledge and agree that we are not obligated to provide support or maintenance, and we make no guarantee of the App’s ongoing availability or functionality. Depending on your device settings, updates may be installed automatically. Certain updates may be required for continued use of the App, and the App may not function properly if updates are not installed.

 

We reserve the right to modify or discontinue, temporarily or permanently, any aspect of the App—including its features or availability—at any time, without notice or liability. While we may offer standard support via email or other methods described in the App or on our website, we do not guarantee a particular response time and support is not available on a 24/7 basis.

 

 

The App may utilize or incorporate services, tools, or infrastructure provided by third parties. These may include HIPAA-compliant cloud hosting providers that store and process non-identifiable data, external development firms that assist with the App’s design and performance, and optional third-party tools used for analytics, quality monitoring, or authentication, as further described in our Privacy Policy. You acknowledge that the Hospital does not control and is not responsible for the functionality, security, or content of any third-party services, websites, or materials that may be accessible through the App.

 

These third-party services may include HIPAA-compliant vendors who temporarily store and process video data of your child for the purpose of deriving de-identified behavioral metrics. All such storing and processing is conducted under strict contractual controls and is subject to automatic deletion following completion of analysis.

 

Your use of third-party tools or features is entirely at your own risk and subject to the applicable provider’s terms of use and privacy practices. The inclusion of any third-party tool or content does not constitute an endorsement or acceptance of responsibility by the Hospital. Any third-party content accessible through the App remains the property of its respective owners and is used with permission or under license, where applicable.

 

 

These Terms remain in effect until terminated by either you or the Hospital. You may terminate the Terms at any time by deleting the App from your device and ceasing all use. The Hospital may suspend or terminate your access to the App at any time, with or without notice, if you violate these Terms or any related policy, if your use interferes with the security, integrity, or lawful operation of the App, or if the Hospital decides to discontinue the App or any of its features.

 

Upon termination, your right to use the App will cease immediately, and you must delete all copies of the App from your devices. These Terms will continue to apply as needed to enforce rights that accrued prior to termination, including provisions related to intellectual property, disclaimers, and limitations of liability. Termination does not affect any data previously collected in accordance with our Privacy Policy; such data cannot be deleted or withdrawn.

 

 

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (I) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE; (II) WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR EXPECTATIONS; AND (III) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR VALIDITY OF ANY INFORMATION OR RESULTS OBTAINED THROUGH THE APP.

 

Some jurisdictions do not allow the exclusion of implied warranties, so the above disclaimers may not apply in full in those regions.

 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APP; (II) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, OR PERFORMANCE FAILURES; (III) THE LOSS, CORRUPTION, OR MISUSE OF ANY DATA; (IV) YOUR RELIANCE ON THE APP FOR ANY MEDICAL OR DIAGNOSTIC PURPOSE. THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

TO THE EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE APP SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO USE THE APP, WHICHEVER IS LESS.

 

Some jurisdictions may not allow certain liability limitations. If applicable law limits the scope of this section, it will apply to the maximum extent permitted.

 

 

You agree to indemnify, defend, and hold harmless the Hospital and its officers, trustees, directors, employees, agents, affiliates, successors, assigns licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your violation of these Terms or any applicable law or regulation; (ii) your misuse of the App or its features; (iii) any data, content, or feedback you submit through the App; (iv) your failure to supervise a child’s use of the App in accordance with these Terms.

 

This obligation will survive termination of your use of the App and remains enforceable for any claims related to your conduct during use.

 

 

These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles.

 

You agree that any legal action or proceeding arising out of or relating to your use of the App or these Terms shall be brought exclusively in the state or federal courts located in King County, Washington. You waive any objection to such jurisdiction or venue, including claims of inconvenient forum.

 

Use of the App is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section.

 

 

We may revise these Terms from time to time to reflect changes to the App, our practices, or applicable laws. When we make material changes, we will provide notice by (i) posting the updated Terms within the App or on our website; and/or (ii) prompting you to review and accept the revised Terms upon your next login or use.

 

The “Last Updated” date at the end of this Policy reflects the most recent changes. Continued use of the App after an update constitutes your acceptance of the revised Policy. Your continued use of the App following any update constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App and delete it from your device.

 

If the Hospital changes the scope of video collection or begins storing videos in a retrievable format, we will update these Terms and the Privacy Policy and obtain parental consent where required by applicable law.

 

 

 

 

 

 

 

 

 

If you have questions about these Terms of Use or the App, please contact us:

 

Mailing Address:

 

Seattle Children’s Innovative Technologies Lab

c/o Dr. Frederick Shic

4800 Sand Point Way NE

Seattle, WA 98105

 

Email: MINDapp@seattlechildrens.org

 

Phone: 206-884-1390

 

Last Updated: August 11, 2025

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