Terms of Service

A - Scope and purpose

  1. These Terms and Conditions of Use govern the acquisition and use of the application (app) STAYAWAY COVID App by users during the use of the App.
  2. The application was developed as part of a project coordinated by the Institute of Systems and Computer Engineering, Technology and Science (INESC TEC) and the Institute of Public Health of the University of Porto (ISPUP), with the support of the companies Keyruptive and Ubirider (hereinafter, the developers). It is part of INCoDe.2030 initiative, supported by the Foundation for Science and Technology (FCT), who will operate and maintain the system and assume the role of data controller, for the purpose of personal data related legislation.
  3. The purpose of the app is to notify users who have potentially been exposed to the coronavirus.

B - Conditions of access and use

  1. The application is publicly accessible and free of charge. It is not intended for users younger than 13.
  2. Participation and use of the app are voluntary allowing users to stop using it at any given time, based on their autonomous and unilateral decision.
  3. By accessing the app, the user declares that he or she has understood and accepted the following conditions and legal information relating to the app (and the elements contained therein). If the user does not agree to these conditions, then the app is not to be used.

C - Functions of the app

  1. The application informs the user of its potential risk of contagion based on its exposure to someone diagnosed with COVID-19
  2. The activation of Bluetooth is required for the operation of the app.
  3. Each day, the app generates a new private key which cannot be connected to the app or to users. Via Bluetooth, the app continuously broadcasts an identification code, changing every 15 minutes, which is derived from the app’s current private key but cannot be traced back to this key and likewise cannot be connected to the app or users thereof. The app continuously checks whether compatible signals transmitted by other mobile phones are being received. If the proximity to another mobile phone is 2 metres or less, the app stores the other device’s current identification code, the signal strength, the date and the estimated duration of proximity. Proximity is estimated on the basis of the strength of the signals received. In addition, the app periodically retrieves a list of the private keys of users known to be infected and uses these to determine the associated identification codes. It compares these identification codes with those which it has stored locally.If this matching process indicates proximity of 2 metres or less to at least one infected user’s mobile phone and if the sum of the duration of all such proximity events in one day is 15 minutes, then the app issues a notification.
  4. In the event of a confirmed infection, experts (e.g. attending physicians) generate a unique release code, valid for a limited period, which they disclose to the infected user. This user can voluntarily enter the release code in the app. Notification, or entry of the release code, occurs only with the explicit consent of the infected user. Other app users who came into proximity, as defined in Section 3.3, with the infected user during the infectious period are then notified. The users thus notified learn that a proximity event has occurred, i.e. that they have potentially been exposed to the coronavirus, and on what date this was last the case. Once a positive diagnosis is reported, the application ceases to operate.
  5. The app also communicates behavioural recommendations.
  6. The app does not track the user’s location or use geolocation services.
  7. The app cannot perform a medical assessment or order any measures (e.g. quarantine).

D - Users’ duties of care

  1. Users are responsible for technical access to the app.
  2. Users are required to take the necessary security measures to protect their own devices against unauthorised access by third parties and against malware. Users’ attention is hereby drawn to the security risks associated with use of the internet and of internet technologies.
  3. Users are required to keep the app updated. There is no entitlement to use a specific version of the software.
  4. Users are required to check any data they enter for completeness and correctness.
  5. When using the app, users are responsible for complying with applicable legal provisions and the Terms and Conditions of Use.

E - Liability and warranty

  1. While the FCT and the developers have taken every care to ensure the correctness of the information, content and communications published in the app, they make no warranty as to the correctness, accuracy, currency or reliability thereof. FCT expressly reserves the right, at any time, without prior notice, to partly or completely alter, delete or temporarily not publish information and content.
  2. To the extent permitted by law, any claims for liability against the FCT or the developers due to material or immaterial damage, including consequential damage, arising for example from access to, use or non-use of the app and the associated information, content and communications, from misuse of the connection, from technical faults, or from infringement of the users’ duties of care, are hereby excluded.
  3. The user is responsible for and assumes the risks of any action or behaviour undertaken on account of information, content or communications in the app, e.g. self-isolation/quarantine. The FCT and/ or the developers will not be liable under any circumstances for any resultant damage.
  4. The FCT or the developers assume no responsibility and make no warranty that the functions and use of the app will be permanently and continuously available and free of errors or faults, that errors will be rectified, or that the servers will be free of viruses or other harmful elements. The FCT is entitled to discontinue use of the app at any time.
  5. The FCT is not responsible for references and links to third-party websites. The FOPH assumes no liability for the continued existence, content or correctness of such information. Access to and use of such websites is at the user’s own risk. The FCT explicitly states that it has no influence on the design, content or offerings of linked-to pages. Responsibility for information and services provided by linked-to websites lies entirely with the third party in question. No responsibility whatsoever is accepted for such websites.

F - Data Protection

  1. Based on the GDPR, the Charter of Fundamental Rights of the European Union and the provisions of Portuguese national legislation on data protection, everyone has the right to privacy and the protection against misuse of their personal data. The processing of personal data by the FCT as data controller is governed by GDPR, the Portuguese Data Protection Act and the Privacy Policy of STAYAWYAY Covid. Therefore, in no circumstance such data will be shared with or sold to third parties. And its processing shall be limited to what is strictly necessary for the purposes of the app described above.

E - Termination of use

  1. Use of the app can be terminated by the user at any time by deleting/uninstalling it from the mobile phone.
  2. The whole system will be discontinued when the end of the pandemic is declared in Portugal.

G - Copyright, property rights and rights of use

  1. Copyrights on the App and relative contents belong to the developers.
  2. The information and content is made accessible to the public. The content published in the app by the is for personal use only. Any further reproduction or passing-on of content to third parties is not permissible. The downloading or copying of content, images, photos or other files does not result in any transfer of rights as regards the content. Copyright and any other rights relating to content, images, photos or other files in this app are held exclusively by the developers (the copyright owners) or the specially designated rights holders, in particular FCT as their licensee. For the reproduction of any elements whatsoever, written consent is to be obtained in advance from the copyright owners.

H - Final provisions

  1. These provisions have been issued in Portuguese and English. In the event of discrepancies, the Portuguese version shall prevail.
  2. Use of the app is free of charge for users. Any costs arising for network access to enable use of the app are borne by the user.
  3. The FCT reserves the right to amend or add to the Terms and Conditions of Use at any time, given that the law and the rights of the copyright owners are fully respected. The new conditions will be communicated to users in advance in an appropriate manner and will be deemed to have been accepted if no objection is received within one month.
  4. Should one provision of the Terms and Conditions of Use be invalid or inoperative, the other provisions thereof shall not be affected.
  5. Portuguese Law shall apply, subject to any divergent mandatory provisions of European Union Law.