B Together app terms of use and privacy policy

TERMS OF USE

These Terms of Use constitute an agreement between the City of Boston (the "City" or “we”) and any person who downloads and uses the mobile application software owned by the City called “B Together” (“App”). By downloading and using the App, you are acknowledging and agreeing to the App Terms of Use. 

A quick summary of major points

• Using the App is completely voluntary, and it can be downloaded for free on applicable smartphones. 
• By using the B Together app, you agree to our Terms of Use and our Privacy Policy. 
• You agree to not use the B Together app for any unlawful or harmful purposes. If you do, your actions shall be considered a violation of these terms of use.

We encourage you to check frequently to see if there are any changes to the Terms of Use. The most recent version of the Terms of Use will be available at BOSTON.GOV/B-TOGETHER.

The App allows you to upload and store, within your mobile device a digital version of your proof of COVID-19 vaccination (“Content”). In accordance with the City of Boston B Together vaccine requirement this digital proof of vaccination can be presented for entry to certain indoor spaces.

The App simply stores your Content, and therefore does not—and cannot—be used to verify your Content against any other source. 

Any person who is vaccinated against COVID-19 may use the App to show proof of vaccination in accordance with the City of Boston B Together vaccine requirement. This includes children under the age of 18.  The App enables the creation of multiple user profiles on the same mobile device. This feature is present for use cases such as but not limited to a parent using the App to show proof of their own vaccination as well as proof of their child’s vaccination.

You agree to present for consideration these terms of use and privacy policy to any person who may use the App on your mobile device to show proof of their own vaccination status. You must do so in advance of entering any person’s name or proof of vaccination status into the App.    

You agree to never use another’s account without permission. You are solely responsible for the activity that occurs on your account. 

If you agree to comply with these Terms of Use, the City grants you a license to download, install, and use the App. This license is non-exclusive and limited, consistent with these Terms of Use. 

You must have internet access to download the App to your mobile device, and to receive updates, patches, or bug fixes. All data or access charges incurred due to your use of the App are subject to your agreed terms with your mobile network provider, and any such charges will not be paid or reimbursed by the City.

In order to use the App, you will be required to provide your name and upload proof of vaccination. You must ensure that all the information provided by you is current, accurate, and complete, and that you’ll keep the information as updated as possible. 

Your Content: The App collects and stores on your mobile device the Content provided by you. Your Content remains stored on your phone until you delete it. Your Content is not transmitted to other entities. 

Your Mobile Device Information: The App does not collect any information related to a user's device or location. 

The App only stores your Content on your mobile device and does not transmit it to other entities. You are responsible for ensuring that you have appropriate security protections on your mobile device. Many mobile devices include an encryption feature that may encrypt Content when not shown on the screen. You are encouraged to configure your device accordingly. The App contains a password feature that you may wish to activate to protect your Content, in case your device is lost or stolen. 

We may make updates, bug fixes, or patches to the App available from time to time. We reserve the right to make any changes to the App or to discontinue any aspect or feature of the App without notice to you. The City is not, however, obligated to create or deliver updates, bug fixes, or patches. You are responsible for periodically checking to see whether there are updates, bug fixes or patches available. 

Your license to use the App will terminate when you remove the App from your mobile device, or if the City terminates the license, whichever occurs first. The City’s right to terminate is entirely in its discretion and it may do so at any time and without notice. 

You may not use the B Together app for any of the following purposes:

• To commit a criminal offense or to encourage others to engage in any conduct that would constitute a criminal offense;
• To cause any harm that would result in the payment of damages, or encourage others to cause such harm;
• To impersonate a person or entity, or to claim a relationship with or represent any person or entity you are not authorized to represent;

The City reserves the right to suspend your access to the App if we have reason to believe that your access is being used for any of the prohibited purposes listed above (or for any other inappropriate or unlawful use).  If you believe your account has been suspended unfairly, please contact digital@boston.gov.

To the fullest extent permitted by law, you acknowledge and agree to indemnify, hold harmless, and assume the defense of the City, its officers, agents or employees, with counsel acceptable to City, which acceptance shall not be unreasonably withheld, from all liabilities, suits, claims, losses, and costs or any other damages against them or any of them arising from any act or omission by you, your agents, officers, employees, or subcontractors in any way connected with your use of our Services, your violation of these Terms, or the infringement, or alleged infringement, by you of any intellectual property or other right of any person or entity.

Our Terms of Use are likely to be updated. Every time you utilize the B Together app is considered a new transaction. It is for this reason important to check back to make sure you’re comfortable with the terms. The date that this policy was last modified can be found at the top of this page. Any modifications are effective immediately.  This document should be considered the most updated policy and will be considered above any other agreements. 

No. You are provided with access to the App without charge by the City. To the maximum extent permitted by law, the City will not be liable for any loss, injury or damage of whatever kind caused in whole or in part by use of the App or the Content, or by any failure, delay, interruption or otherwise incurred in the provision of the App, or by the City’s failure to perform any of the City’s obligations under these Terms of Use. THE APP IS PROVIDED AS-IS. WE MAKE NO EXPRESS OR IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY, OR THAT THE APP WILL WORK PROPERLY OR BE FIT FOR ANY PARTICULAR PURPOSE. 

In no event will the City be liable to you for any special, indirect, incidental, or consequential damages, including loss of profits and goodwill, business, business benefit or loss of data, and the Content. 

The City does not intend or agree to assume any obligation or liabilities in connection with the App and your use of the App. 

You agree that the City, its employees, and officers will be released from liability including all costs or damages arising, either directly or indirectly, from your use of the App. Additionally, you hold harmless the City of Boston and their employees and officers, for the loss of any file, data or other information while using the App, and for any unauthorized access to or utilization by any third party of your Content, including any financial or health information. 

You will use the App solely for your personal, non-commercial, and lawful use. You will not duplicate, transfer, give access to, copy, or distribute any part of the App in any medium without the City's prior written consent. You will not attempt to reverse engineer, alter, or modify any part of the App. You will otherwise comply with the terms and conditions of these Terms of Use. 

These Terms and their performance will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the City of Boston. The courts of Massachusetts will be the exclusive jurisdiction.

You agree that because of the unique nature of the App and the City’s proprietary rights, a demonstrated breach of these Terms by you may irreparably harm the City, and in this circumstance, monetary damages would be inadequate compensation. Therefore, you agree that the City shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms. 

If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision. 

Any failure by the City to enforce any term or condition under these Terms of Use will not be considered a waiver of the City's right to enforce each and every term and condition of these Terms of Use. 

PRIVACY POLICY

The B Together Application (“App”) is software owned by the City of Boston designed to assist the City and its residents in responding to the COVID-19 pandemic. The information you provide will not be used for any other purpose. Using the App is completely voluntary, and it can be downloaded for free on applicable smartphones. 

The purpose of the App is to allow you to upload and store a digital version of your proof of COVID-19 vaccination (“Content”) on your mobile device, which you can present as evidence of your vaccination status in accordance with the City of Boston B Together vaccine requirement. 

The App is governed by the App’s Terms of Use above. By downloading and using the App on your mobile device, you are agreeing to comply with these Terms of Use. 

Your Content: The App collects and stores on your mobile device the Content provided by you. Your Content remains stored on your phone until you delete it. Your Content is not verified against any source, and is not disclosed to any other entities. 

Smartphone camera and Images: The App requires access to your smartphone camera and local image files to store and display your Content. Your Content is not used in any way outside of the App and is not shared with the City or with any third parties. It is always your choice whether to share the images you have stored within the App. The App cannot access your camera without your permission.

Location Tracking: The App does not use location services on your mobile device. 

You are responsible for ensuring that you have appropriate security protections on your mobile device. The App contains a password feature that you may wish to activate to protect your Content, in case your device is lost or stolen. Many mobile devices also include an encryption feature that may encrypt Content when not shown on the screen. You are encouraged to configure your device accordingly.

We encourage you to check frequently to see if there are any changes to the Privacy Policy. The revised Privacy Policy will be posted at BOSTON.GOV/B-TOGETHER with an updated revision date. This Privacy Policy can also be accessed directly within the App settings screen.