aitios® Terms of Service

Last Modified: July 26, 2023

Effective Date: July 26, 2023

Introduction

Thank you for using aitios®. aitios® is a web application developed by aitiologic GmbH that enables Users to query and identify biomarkers. These Terms of Service apply to your use of aitios®, as described in Section 'Your Use of aitios®' and as operated by aitiologic GmbH.

Your use of aitios® requires that you agree to these Terms. Please read these materials carefully. If you are accessing aitios® on behalf of a company or entity, you represent that you have the legal authority to enter into these Terms on that entity's behalf and agree that we may also contact such entity if you violate these Terms. If you do not understand these Terms, or do not accept any part of them, then do not use aitios®.

Your Use of aitios®

Commercial and Non-Commercial Use

Users may use aitios® for research, sharing reproducible research, developing scientific software tools, making data and scientific software tools available to the scientific community, teaching and educational activities, and/or sponsored research, regardless of the identity of the sponsor, provided that, for sponsored research: (i) the primary effect of such sponsorship is not to permit a commercial sponsor to profit from access to or use of aitios®, (ii) a commercial sponsor is not permitted to access aitios® except in an incidental manner in the course of such collaboration, and (iii) you do not access or use aitios® to comply with the express directions of a commercial sponsor.

If you or your employer has reached a commercial level agreement with aitiologic GmbH governing your use of aitios®, these terms will apply in areas where they are additional to that agreement but will not amend or supervene the governing commercial level agreement.

Your Conduct

Don't misuse aitios®. You may use aitios® only as permitted by Law, including applicable export and re-export control laws and regulations. You are responsible for your conduct and your Content Connected to aitios®. By accessing aitios®, you acknowledge and agree that we may monitor your conduct, your use of aitios®, and your Content to filter spam, viruses, and other malware, ensure interoperability, fix bugs and resolve problems, ensure compliance with these Terms and Law, provide you with help desk services and support, and that our understanding of the way Users interact with aitios® may be used to improve aitios®. This analysis may occur when you Connect Content to aitios® or access Content Connected to aitios®. We may Remove or refuse to display Content that we reasonably believe is spam, viruses, or other malware, not interoperable, not in compliance with these Terms, or Law, or is used outside of a restriction on its use. If you request technical support, we may also use eyes on monitoring to provide you with such technical support. When using or accessing Content other than your Content, you agree to comply with all restrictions and controls imposed by the owner of that Content.

Your aitios® Account

In order to use aitios®, you will need to register for an aitios® account using an account from a Compatible Cloud, e.g., Google. You may not access aitios® using group or shared accounts. The credentials used for authenticating to aitios® must belong to a single individual and only that individual may use those credentials. To protect your aitios® account, keep your password confidential. You are responsible for the activity that happens on or through your aitios® account. Try not to reuse your aitios® account password on third-party applications. If you learn of any unauthorized use of your password or aitios® account, contact us immediately.

Retained Rights

Using aitios® does not give you ownership of any intellectual property rights in aitios® or the Content you access. You may not use Content Connected to aitios® unless you obtain permission from its owner or are otherwise permitted by Law. These Terms do not grant you the right to use any branding or logos used in aitios®. Don't remove, obscure, or alter any marks, designations, or legal notices displayed in or along with aitios®.

Age Restrictions

In order to use aitios® you must be 18 years of age or older.

No Medical Advice

aitios® does not provide medical advice. All Content Connected to aitios® is for informational purposes only and is not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on aitios®. If you think you may have a medical emergency, call your doctor immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on aitios®. Reliance on any information provided by us, available on aitios®, or by other Users is solely at your own risk.

Content

Your Content

aitios® enables you to Connect and access Content. You are never required to Connect Content to aitios®. You retain ownership of any intellectual property rights that you hold in that Content. You control who can access your Content Connected to aitios®. Your Content will never be shared through aitios® with any other User in violation of the access restrictions and assigned roles you establish for your Content.

Permitted Uses

When you Connect Content to aitios®, you give us a non-exclusive, royalty-free, worldwide license to use that Content for the limited purposes of (a) providing aitios® and the Content Connected to aitios® to you, (b) providing support to you in connection with your use of and access to aitios®, (c) making your Content available to other Users authorized by you for such purpose and supporting such access and use, each in accordance with the restrictions and roles established by you, (d) using Metadata to maintain, test and improve aitios®, and (e) to comply with any Law. The license to your Metadata (but not your Content itself) continues even if you stop using aitios® or Remove your Content. Your revocation of access previously granted to one or more users will cut off future access of those users to your Content. If, though, you have previously permitted other users to copy Content to their own accounts, your revocation of access will not pull back the copied Content. Those users may have ongoing access to the copies you have previously permitted, and this use will be permitted under this license. We will never let any third party (other than a third party we engage to exercise our rights under these Terms, including operating aitios®) access your Content without your permission, and will never access or use your Content (including letting our employees and other representatives access your Content) for any purpose not allowed by these Terms without a separate agreement between you and us. You agree that we may engage third parties to exercise our rights under these Terms, including operating aitios®.

You are also responsible for ensuring you have the rights to Connect your Content, share your Content with any Users, and allow Users to access or use your Content in accordance with any applicable regulation, any contractual or other legal duties you may have, and in compliance with any proprietary rights any third parties may have in your Content. You are responsible for keeping backups of your Content. We take no responsibility for your Content and do not and will not provide any back-up, archive, or restoration functionality.

We have no obligation to review Content Connected to aitios®, so please don't assume that we do. We understand the importance of the confidentiality of your Content, including where applicable that your Content may be protected by law, such as by a Certificate of Confidentiality. If no exception at Law (for example, a Certificate of Confidentiality) applies, and we determine we are required by Law to do so, we may make any Content Connected to aitios® available to a court, regulatory agency, or other government entity, including in connection with subpoenas, investigations, inquiries, examinations, or audits. Where the Law permits, we will use reasonable efforts to notify you before making any Content available to a court, agency or other government entity.

Feedback

We welcome you to provide ideas, suggestions, and other feedback about aitios®! There is no requirement that you provide us any feedback. If you do provide any ideas, suggestions, or other feedback about aitios®, you grant us a perpetual, irrevocable, royalty-free, sublicensable, transferable, non-exclusive, worldwide right and license to use that feedback for any lawful purposes.

External Links, Third Party Products and Services

Your use of aitios® is possible using repositories and computing resources of third party services, including as may be offered by aitiologic GmbH or its respective affiliates. In addition, aitios® may provide links that are maintained or controlled by external organizations. The listing of links are not an endorsement of information, products, or services, and do not imply a direct association between aitios® and the operators of the outside resource links. Products and services that provide additional services or functions for use with aitios® are made available under a separate agreement. Your use of such additional products and services is subject to those separate agreements.

Privacy Protection

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use aitios®. Any information submitted on aitios® is subject to our Privacy Policy, t he terms of which are incorporated herein by this reference. Please review our Privacy Policy to understand our practices. By using aitios®, you have read, understood, and agree to the terms of the Privacy Policy, and you agree that we may retrieve, use, and disclose your personal data in accordance with the Privacy Policy.

Compliance with Data Protection Laws

You may not use aitios® to Connect Content that includes PHI. You will anonymize or pseudonymize data prior to Connecting it to aitios®. To the extent not prohibited by Law, you further agree to indemnify and hold harmless us from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to your Connecting Content that includes PHI or personal data to aitios® in violation of these Terms.

To the extent you Connect or access Content in aitios® that is protected under GDPR, you and we agree that the Data Protection Addendum describes how we are processing any applicable personal data included in your Content.

Copyright Protection

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please review the Copyright Policies & Procedures.

Software and Tools

We may make various software and tools available through aitios®. We may add, change, or remove such software and tools at any time in our sole discretion. Third parties may also provide software and tools for use with aitios®, and your use of such third party tools is subject to the terms on which they are made available.

Some third party incorporated software used in aitios® may be offered under open source licenses. We will make the terms of those licenses available to you. There may be provisions in the open source license that expressly override some of these Terms only with regard to the specific software associated with such provisions. To the extent not permitted under the applicable open source license, you may not copy, modify, distribute, sell, or lease any part of aitios® or included tools, nor may you reverse engineer or attempt to extract the source code of those tools, unless Laws prohibit those restrictions or you have our written permission.

Modifying and Terminating Use of aitios®

Changes to aitios®

While we have no obligation to maintain or update aitios®, we are constantly changing and improving aitios®. We may make performance or security improvements, change functionalities or features, or make changes to comply with Law or to prevent illegal activities on, or abuse of, our systems. Your continued use of aitios® constitutes acceptance of any updates to these Terms. There may be times when we will need to make changes to aitios® without giving notice. These will be limited to instances where we need to take action to ensure the security and operability of the service, prevent abuse or where we must act to meet legal requirements.

Suspension and Termination

You can stop using aitios® at any time, although we'll be sad to see you go. You may Remove your Content at any time. We may suspend or permanently disable your access to aitios® without notice for any reason in our sole discretion, including if: (1) you materially or repeatedly violate these Terms; or (2) you are using aitios® in a manner that could cause us legal liability.

If we suspend or disable your access to aitios®, we have no obligation to return your Content to you, and may Remove your Content in our sole discretion.

Discontinuation of aitios®

If we decide to discontinue aitios® we will give you reasonable notice based on the circumstances, but may not be able to provide advance notice if we are required or advised to immediately discontinue aitios®. During any advance notice period (if any), you will have the opportunity to Remove your Content from aitios®. After the end of this advance notice (if any) period you will not be able to access your Content through aitios®.

Our Warranties and Disclaimers

We operate aitios® using a reasonable level of skill and care and we hope that you will enjoy using aitios®. But there are certain things that we don't promise about aitios®, including that aitios® will change in any way or not change in any way. Other than as expressly stated, we do not make any commitments about the specific form, features, or functionality available through aitios®, its reliability, availability, or ability to meet your needs. We may change the form, features, or functionality of aitios® at any time in our sole discretion.

Liability for aitios®; Disclaimers and Limitations

You expressly understand and agree that your use of aitios®, or any Content Connected to aitios®, is at your own risk. We do not warrant that your access to aitios® will be uninterrupted, problem-free, free of omissions, or error-free; nor make any warranty as to the results that may be obtained from aitios®. We do not warrant that aitios® or any Content Connected to aitios® is safe to use or free from viruses or other malware. When you access aitios®, your systems may be exposed to cybersecurity threats, including viruses and other malware. ALL PRODUCTS AND SERVICES OFFERED THROUGH aitios® ARE MADE AVAILABLE "AS IS" AND WE MAKE NO REPRESENTATIONS OF ANY KIND AS TO THE OPERATION OR USE OF aitios®. IN ADDITION WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT SUCH PRODUCTS OR SERVICES WILL BE OR OPERATE IN A FASHION THAT IS ERROR FREE, BE AVAILABLE OR 'UP' AT ANY TIME, OR WILL OPERATE IN A FASHION THAT IS FIT FOR ANY SPECIFIC RESEARCH OR COMMERCIAL APPLICATION.

In no event will we be liable for the incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use aitios®, including loss of revenue or anticipated profits, loss of goodwill, loss of data, computer failure or malfunction, or any and all other damages.

The total liability of us and our suppliers and distributors to you, for any claims arising from or related to your use of aitios®, including claims for breach of any express or implied warranties, is limited to the amount (if any) you paid us to use aitios® during the twelve-month period immediately preceding the time of the claim. If you did not pay us any amount for the use of aitios® during the twelve month period immediately preceding the time of the claim, then the total liability of us and our suppliers and distributors to you for claims arising from or related to your use of aitios® is limited to zero ($0) dollars.

Nothing in these Terms is intended to exclude or limit our liability, or that of our suppliers and distributors, for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by Law.

Indemnification

To the extent permitted by Law, you agree to fully defend, indemnify and hold us harmless from any third party claims arising from your use of aitios®, including any claim arising from the Connecting or accessing of Content. We do not agree to indemnify you.

Laws Governing these Terms

The laws of the Austrian law, excluding the principles of conflicts of laws, will apply to any disputes arising out of or relating to these Terms or aitios®.

We reserve the right to seek temporary or preliminary injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction. You waive the right to seek any equitable or legal remedies to restrain the operation of aitios®. The aitios® website will provide contact information for our designated agent for notifications under these Terms or delivery of service of process.

In the event of a dispute arising from your use of aitios®, you and we agree that we will first contact each other in an attempt to informally resolve the dispute. If the dispute is not resolved, then either you or we may submit the dispute to binding arbitration. You and we will mutually agree on a qualified arbitrator who will conduct the arbitration solely by telephone, online, or based on written submissions without any personal appearances by any parties or witnesses unless mutually agreed.

Any judgment on the award rendered by the arbitrator will be binding on both you and us, final and unappealable and may be entered in any court of competent jurisdiction. The prevailing party will be entitled to recover its fees and costs incurred in connection with the arbitration, including reasonable attorneys' fees. You acknowledge and accept these dispute resolution measures, and waive all right to litigate any disputes arising from these Terms in court, including waiver of any right to a jury trial or to participate in a class action suit against us.

About these Terms

We may modify these Terms or any additional terms that apply to aitios® or your use of aitios®, for any reason, including to reflect changes to aitios® or Laws or to enable us to meet our obligations. Any change to these Terms will be effective immediately upon our posting notice unless we state otherwise. You should look at the Terms regularly. We'll post notice of modifications or additions to the Terms in aitios® and will post prior notice of material changes to the Terms to you at Terms of Service or such other location as we may notify you of.

These Terms control the relationship between us and you. Other entities that are or may become affiliates of aitiologic GmbH are not parties to these Terms, but are intended third party beneficiaries of these Terms, with a right to enforce these Terms directly against you. Otherwise, these Terms do not create any third party beneficiary rights.

If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are waiving or giving up any rights that we may have (such as taking action in the future). If a particular term is not enforceable, this will not affect any other term.