Covid-19 Rider Product-Specific Terms

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The below Product Specific Terms apply solely to the specific Rider Products noted.

1. Body Temperature Detection Systems.

i. Use, Regulatory, and Compliance with Law. Important information about the Telethermographic System (the “Device”)

  1. As of the date of this Rider, the Device is not cleared, approved, or authorized by the U.S. Food and Drug Administration (the “FDA”) for use as a medical device and is being provided pursuant to FDA guidance issued on April 16, 2020 (https://www.fda.gov/media/137079/download) (the “Guidance”), which is intended to remain in effect only for the duration of the public health emergency related to COVID-19 declared by the U.S. Department of Health and Human Services.
  2. Johnson Controls does not and cannot guarantee that the Device will be granted FDA clearance or authorization.
  3. The Device is intended to be used only: for triage purposes to perform initial body temperature measurement; where an elevated body temperature measurement is confirmed in the context of use with secondary evaluation methods (e.g., non-contact infrared thermometer (NCIT) or clinical grade contact thermometer); and where such devices do not create an undue risk in light of the public health emergency.
  4. FDA Guidance:
    a. the Device should not be solely or primarily relied upon to diagnose or exclude a diagnosis of COVID-19, or any other disease;
    b. public health officials, through their experience with the Device in the particular environment of use, should determine the significance of any fever or elevated temperature based on the skin telethermographic temperature measurement;
    c. the system and technology should be used to measure only one subject’s temperature at a time; and
    d. visible thermal patterns are only intended for locating the points from which to extract the thermal measurement.
  5. Important information describing the Device performance specifications, use and calibration instructions, blackbody reference source, environmental conditions, imaging distance, and system set up and installation factors is contained in the Device’s User Manual.
  6. Certain functions of the Telethermographic System may require compliance by Customer with local, state, national and international laws and regulations. Customer is solely responsible for compliance with all applicable laws, regulations, and authorizations relating to Customer’s use of the Telethermographic System and those functions, including but not limited to those laws, regulations, or authorizations pertaining to personal data protection, privacy and security, any laws relating to the collection or processing of biometric or health information, or any laws requiring notice or consent of persons with respect to Customer’s collection or processing of biometric or health information.

ii. Customer is responsible for obtaining and posting signage on its premises notifying visitors that the Body Temperature Detection System is in use. Unless otherwise set forth in the Operative Agreement, Customer agrees that the Body Temperature Detection System is a customer/locally monitored system and that Johnson Controls does not and will not monitor, receive or respond to any signals from the Body Temperature Detection System.

2. Digital Contact Tracing.  The terms and conditions set forth on www.johnsoncontrols.com/buildings/legal/digital/generaltos and www.johnsoncontrols.com/rtwsupplement shall apply to the Digital Contact Tracing products and services.