DEEPFLARE’S PEPRANK TERMS OF SERVICE
1. PURPOSE OF THE TERMS OF SERVICE
1.1. These Terms set forth the conditions for the use and performance of the online service and software "Deepflare’s pepRank", as well as the rights and obligations of the Users of the Service.
1.2. The Software is a tool for predicting Major Histocompatibility Complex (MHC) and peptide elution, using Internet resources.
1.3. Using the "Deepflare’s pepRank" service is only possible on condition that the User accepts these Terms.
1.4. The use of the Service is considered as acceptance of these Terms and the conclusion of the agreement for the provision of electronic services.
1.5. The provisions contained in these Terms constitute regulations for the provision of services by electronic means within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on electronic services by Service Provider.
2.1. For the purposes of these Terms, the following capitalized terms shall be defined as follows:
(a) Agreement - has the meaning given in section 4.4.
(b) Civil Code - the Polish Act of 23 April 1964 – the Civil Code.
(c) Consumer - a natural person performing a legal action with an entrepreneur that is not directly related to its economic or professional activity.
(d) Email Address - an individual email address provided by the User in the verification process as set forth in clause 4.2.
(e) Input Data – the input data uploaded by the User to the Software, including the type of MHC and protein sequence.
(f) Output Data – the results generated by the Software based on the Request, in a form of a ranked list of 10 peptides with the highest predicted probability of presentation on given MHC allele.
(g) MHC – the Major Histocompatibility Complex (MHC).
(i) Request – the request submitted by the User by uploading the Input Data to the Software.
(j) Request ID - an individual identification number allocated to each Request submitted by the User to the Software, allowing User to see the Output Data generated by the Software.
(k) Service - access to and use of the Software made available for Users under these Terms.
(l) Service Provider - CGen spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Poland (postal code: 00-019), at ulica (street) Złota 7/28, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Department of the National Court Register under the KRS number 0000846289, REGON: 386316445, NIP: 7010986785.
(m) Software – trial (demo) version of the software named “Deepflare’s pepRank” for predicting binding of peptides to any MHC molecule of known sequence, hosted by the Service Provider via a website at https://peprank.deepflare.ai/ and accessible for Users.
(n) Terms - these Deepflare’s pepRank Terms of Service.
(o) User - a single natural person contracting the Service Provider to deliver the Services, who has completed the online form indicated in section 4.2, enabling the use of the Service.
(p) Website – the Service Provider’s website available at www.deepflare.ai.
3. TECHNICAL REQUIREMENTS
3.1. The use of the Service is possible using any terminal device with access to the Internet and a web browser, the type and version of which are compatible with the web browsers for which the Service has been adapted.
3.2. The User is required to provide the above-mentioned device with access to the Internet and the appropriate version of web browser.
3.3. The Service has been adapted to work properly in the following browsers: Microsoft Edge version 90 or higher, Firefox version 81 or higher, Chrome version 90 or higher, Opera version 76 or higher and Safari version 16 or higher.
4. USER RIGHTS AND OBLIGATIONS
4.2. In order to use the Service, User shall complete the online form available on the website: https://peprank.deepflare.ai/ and provide certain personal data, such as Email Address. After submitting the completed online form by the User, User will automatically receive a verification message to the given Email Address. Once this message has reached User’s inbox, the User shall click on the confirmation link and it will mark the completion of the Email Address verification.
4.3. Only the User who has completed the verification process pursuant to section 4.2 can upload the Input Data to the Software, as well as receive the Output Data. Output Data are stored by the Service Provider for 30 (thirty) days and during this period shall be made available to the User, upon providing the Request ID.
4.4. From the moment of completing the verification process pursuant to section 4.2, the User may use the Service. From this moment, the User is bound with Service Provider by an agreement for the provision of services by electronic means, in which the Service Provider provides the User with the access to the Service (the “Agreement”). This Agreement is concluded for an indefinite period of time.
4.5. The use of the Software is free of charge for an indefinite period of time only if the following conditions are fulfilled: (1) the User provided in the verification process individual Email Address containing *.edu or *.gov element in the domain name, (2) the User is affiliated with an academic facility or non-profit research institute or organization for which education and academic research are the major purpose, and (3) the Software is used by the User for academic/non-profit internal research purpose.
4.6. If the User would like to use the Service, but the User does not have an individual Email Address containing *.edu or *.gov element in the domain name, the User shall contact the Service Provider via email at firstname.lastname@example.org and reference “Deepflare’s pepRank”.
4.7. The Service Provider is entitled to verify the fulfilment of the abovementioned conditions by the User. Service Provider may block the User and suspend the Service for such User, if the Service Provider will have reasonable grounds to believe that any condition indicated in section 4.5 has not been fulfilled or is no longer fulfilled by the User. Service Provider will inform the User about the blockade by sending a message to the User’s Email Address.
4.8. User is responsible for making sure that the Input Data submitted by the User to the Software do not contain any information protected by the confidentiality obligations, including trade secrets of third parties.
4.9. The User may not:
(a) use the Service in a way that infringes, misappropriates or violates any third party rights;
(b) modify, copy, sublicense, lease, sell, or distribute the Service or the Output Data, in whole or in part, or use it in a manner other than that specified by these Terms, without the written consent of the Service Provider;
(c) attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of the Software, including models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law);
(d) automatically or programmatically extract the Output Data;
(e) represent that Output Data were human-generated;
(f) interfere with or disrupt the Service;
(g) use Output Data to develop models that compete with the Software.
4.10. The User may, at any time and without giving any reason, stop using the Service. Discontinuation of use of the Service does not automatically delete the User’s Request ID(s) and the Input Data provided by the User, which may be used by the Service Provider for an indefinite period of time pursuant to section 5.7.
4.11. INDEMNIFICATION. User agrees to indemnify Service Provider for any foreseeable direct loss, damage and reasonable costs (including reasonable attorney's fees and costs) incurred by Service Provider in connection with: (1) any breach by User of any of the provisions of these Terms (including any additional terms and conditions of Service Provider incorporated herein); (2) anything published or otherwise made available by User, including entered in the Software; (3) any activity in which User engages in or through the Service; and (4) any violation of any law or the rights of a third party by User.
5. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
5.1. Service Provider undertakes to provide the Service with due diligence and standards specified in these Terms.
5.2. Service Provider shall not be liable for the consequences of disclosure by the User of the Input Data and/or Output Data to third parties.
5.3. Service Provider shall not be liable for improper performance of Service due to:
(a) failure of User to fulfil the technical requirements necessary to use the Software, as referred to in section 3 above,
(b) action of third parties,
(c) circumstances beyond the Service Provider's control.
5.4. Service Provider shall have the right to temporarily suspend the provision of Service preserving the data on the server.
5.5. The Service Provider shall not be responsible for any incorrect operation of the Software if it results from improper use of the Software by the User. The Service Provider shall have the right to suspend or limit access to the Service to a particular User if such User uses the Software in a manner inconsistent with these Terms.
5.6. User agrees and accepts that the Service Provider has no responsibility to review any Input Data and that Service Provider is not required to exercise any control or judgement of such Input Data submitted by the User to the Software.
5.7. Service Provider may use the Input Data to provide, maintain, develop, and improve the Service, in particular to train the Service Provider’s artificial intelligence models, comply with applicable law, enforce Service Provider’s terms and policies, and keep the Service safe.
6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
6.1. SERVICE PROVIDER WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The maximum aggregate liability of the Service Provider under these Terms, including damage caused to the User in connection with the use of the Software, will not exceed the greater of the amount the User paid for the Service that gave rise to the claim during the 12 (twelve) months before the liability arose or one hundred US dollars ($100). The limitations in this section apply only to the maximum extent permitted by applicable law.
6.2. Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms set forth in section 6.1 above may not apply to the User, and User may have additional rights. In that case, these Terms only limit the User’s responsibilities to the maximum extent permissible in its country of residence.
6.3. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law and subject to any non-exclusive rights and remedies the User may have under applicable law, the Service Provider, its licensors, and suppliers expressly disclaim all warranties of any kind, express or implied, including but not limited to warranties of merchantability, for a particular purpose or non-infringement. The Service Provider does not warrant that User’s use of the Service will be uninterrupted or error-free, does not warrant that it will verify the User’s Input Data for accuracy, or that it will retain or maintain Input Data or other User’s data without loss. Users acknowledge that use of the Service involves transmission of User data over networks that the Service Provider does not own, operate, or control, and that the Service Provider is not responsible for any user data lost, altered, intercepted, or stored over such networks. The Service Provider shall not be responsible for delays, interruptions, service failures or other problems associated with the use of the Internet and electronic communications or other systems beyond its reasonable control.
6.4. Except as specifically provided in these Terms and to the maximum extent permitted by law the foregoing warranties define in full the extent of Service Provider’s liability.
7. ACCESS TO AND USE OF THE SOFTWARE
7.1. The Service is available in a demonstration, trial version, available via a website at https://peprank.deepflare.ai/. The Service is provided free of charge only for the Users who fulfilled the conditions set forth in section 4.5 and for the purposes indicated herein.
7.2. After completing the verification process pursuant to section 4.2, the User may submit Request and receive the Output Data.
7.3. To receive the Output Data, the User shall open the website where the Software is available, indicated in section 7.1, provide the type of MHC and input protein and select the submit button.
7.4. User can add the Requests freely to the Software. The number of Requests that one User may submit is unlimited.
8. TERM AND TERMINATION
8.1. Unless explicitly stated otherwise, these Terms for the use of the Service run for an indefinite period of time.
8.2. Termination by User. The User may terminate the Agreement at any time by permanently stopping use of the Service.
8.3. Termination by Service Provider. The Agreement may be terminated by Service Provider with immediate effect in the event that the User breaches any provision of these Terms.
8.4. Service Provider reserves the right to stop offering and/or supporting the Service at any time permanently and not because of any breach by the User, subject to prior reasonable notification (by posting a note on the Website). In this case the license to use the Service will be automatically terminated. In such event, Service Provider will not have any future obligations or liabilities to the User (this does not affect any pre-existing obligations or liabilities).
9. PERSONAL DATA PROTECTION
9.1. Service Provider processes the personal data of the Users in accordance with the law, including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the provisions of the Personal Data Protection Act of 10 May 2018 (consolidated text of Journal of Laws of 2019, item 1781 as amended) and the Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text of Journal of Laws of 2020, item 344 as amended).
9.3. In issues related to the processing of personal data, please contact the Service Provider by email at: email@example.com.
10.1. Users are entitled to make a claim in matters relating to the Service.
10.2. The claim should be submitted by email to the address firstname.lastname@example.org, or to another dedicated address generated by the Service Provider and agreed in writing, or to the registered address of the Service Provider.
10.3. Service Provider recommends providing in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the expectations of the User; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
10.4. Service Provider shall make every effort to respond to the claim without undue delay, but no later than within 14 (fourteen) days from the date of receiving the claim containing all the information necessary for its resolution.
11. RIGHT AND LICENSE TO USE. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
11.1. The Service Provider represents and warrants that it has the right to provide the Service.
11.2. As between the User and Service Provider, and to the extent permitted by applicable law, the Service Provider is granted a worldwide, free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use the Input Data for any purpose, including commercial use and use for the purposes indicated in section 5.7.
11.3. Use of the Service by the User does not imply that the User acquires any rights, including ownership of any copyrights, to the Software or Output Data made available, except for the license granted herein pursuant to section 11.5.
11.4. Under these Terms and the Agreement the Service shall only be used for an academic and non-commercial research purpose. If the User desires to license the Service for a commercial purpose or other purpose not permitted under the scope of these Terms, the User must enter into a separate software license agreement with the Service Provider and pay all applicable license fees before engaging in such use.
11.5. In the case of use of the Service, in particular, subject to the provisions of section 13, the User is granted only - under the conditions indicated in these Terms - a free, non-transferable and non-sublicensable, valid worldwide and non-exclusive license entitling the User to use the Output Data solely for academic/non-profit research use and in a manner consistent with its purpose, with these Terms, and in a manner consistent with the law and good morals, bearing in mind respect for the personal rights, personal data, copyrights and other intellectual property rights of the Service Provider, other Users and third parties. All other right, title and interest in and to the Output Data, Software and any enhancements or updates remain with the Service Provider.
11.6. Under the license granted herein the User is authorized to use the Service and Output Data in accordance with their purpose and these Terms, and solely for User’s own academic/non-profit research use. The User represent and warrants that the Service will not be used on projects that intend to create commercial output.
11.7. The license is granted to the User at the time of conclusion of the Agreement and for the duration of the Agreement.
11.8. If the User is willing to publish in the academic article or research paper the results including or based on the Output Data, the User shall include the reference to the Service Provider and the Software as the tool used for obtaining the Output Data, as well as the link to the Website. With this regard the trademarks of the Service Provider may be used by the User for the purpose of the publication and in accordance with the applicable laws.
11.9. User may upload and submit the Input Data to the Service; and the User is solely responsible for such Input Data. The User represents and warrants that with respect to any Input Data that the User uploads to the Service, (1) the User owns such Input Data or has all rights, licenses and permissions needed to provide the Input Data to the Service, (2) such Input Data or the Service Provider's use of such Input Data pursuant to section 5.7 do not violate these Terms, any applicable law, confidentiality obligations regarding trade secrets and/or confidential information, intellectual property rights, or other rights of any third party.
12. NOTIFICATION RESPONSE PROCEDURES
12.1. The Service Provider shall have the right to intervene in the development of the data structure, Software settings and User’s rights, if it fulfils the notifications made by the User or if these actions are required for the proper operation of the Software and do not cause data loss.
12.2. Notifications relating to the support of the use of the Software, including its potential operation errors may be sent by the User via email to email@example.com.
12.3. The Service Provider is not obliged to make notified changes, in particular changes to the Software and the data entered. Under certain circumstances, the Service Provider may offer to make some changes upon payment of a fee, based on an individually prepared estimate.
12.4. The Software is a trial version of the Service Provider’s research tool and not a commercial software. Due to this fact, the Service Provider neither charges for, nor offers formal technical support regarding the Service. Furthermore, Service Provider will not legally commit to providing bug-fixes, updates, maintenance or support for the Software.
12.5. Even though the Service Provider is not legally required to do so, Service Provider may, however, choose to provide technical support in response to questions or requests for assistance at its sole discretion; also, Service Provider may choose to provide bug-fixes or updates at no additional charge if Service Provider deems this appropriate.
13. DISCLAIMERS RELATED TO THE USE OF AI
13.1. Output Data are generated by the Software with built-in artificial intelligence models. Service Provider is constantly working to improve the Service to make it more accurate, reliable, safe, and beneficial to the Users. Due to the probabilistic nature of machine learning, use of the Service may, in some situations, result in Output Data that do not accurately reflect the facts.
13.2. When the User uses the Service, the User understands and agrees:
(a) the Service may provide incomplete, inaccurate, or incorrect Output Data. The User shall not rely on the Output Data as a sole source of truth or factual information, or as a substitute for professional advice;
(b) the User is fully responsible for the use of the Output Data. User shall evaluate the Output Data for accuracy and appropriateness for User’s use case, before using or sharing the Output Data obtained from the Service;
(c) the User may use the Output Data solely for the purpose of academic/non-profit research use, subject to compliance with these Terms and acceptance that such use is at the User's own risk.
13.3. Service Provider makes no warranty or guarantee as to the accuracy, completeness or reliability of the Output Data and assumes no liability arising in any way from User’s use of the Output Data generated by the Software or any omissions or errors contained in the Output Data.
13.4. Service Provider strongly recommends the User to obtain professional and independent advice before acting on any information or advice contained in the Output Data.
14. DISPUTE RESOLUTION AND GOVERNING LAW
14.1. To the extent permitted by applicable law, these Terms and any disputes or claims arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Poland, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be hereby excluded.
14.2. Except where prohibited and without limitation to any statutory rights for Consumers, the User agrees that the courts of Poland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter.
15.1. These Terms are available on the Website at http://peprank.deepflare.ai/static/terms_of_service.html.
15.2. Service Provider reserves the right to change, modify, add or remove portions of these Terms at any time, in accordance with sections 15.4 - 15.5 below. User can review the most current version of these Terms by clicking on the “Terms of Service” link indicated in section 15.1.
15.3. By using the Service after the effective date of any changes to these Terms, the User will be deemed to have accepted such changes. If the User decides not to use the Service after the updated Terms become effective, the User may terminate these Terms pursuant to section 8.2 and the User’s license to use the Service shall immediately terminate, and the User must immediately stop using the Service.
15.4. In the case of changes to these Terms the User will be informed of the change by sending information by email to the User’s Email Address provided as part of the verification process.
15.5. Any changes to these Terms become effective on the day they are published on the Website indicated in section 15.1, subject to the section 15.4. Using the Service means the acceptance of these Terms.
15.6. User and Service Provider agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.
15.7. Service Provider may assign the provisions of these Terms and may assign or delegate in whole or in part any of its rights and obligations under these Terms and Agreement. User may not assign these Terms and Agreement, either in whole or in part, nor assign User’s rights under the Terms and Agreement, nor sublicense such rights to any third party.