terms & conditions
Terms & Conditions
1. Description of the BISC Platform
The BISC Platform is a platform on which Users can upload biological research data, including but not limited to sequencing data (the “User Content”) and have the BISC Platform process and analyse such User Content in order to obtain a report containing certain results, such as data cleaning and QC parameters, mapped and annotated data, expression values, etc (the “Results”).
2.3 We reserve the right at any time, and from time to time, with or without cause to:
- change the BISC Platform, including the provision of updates, eliminating or discontinuing, temporarily or permanently any service or other feature of the BISC Platform without any liability against the User or any third parties; or
- deny or terminate, in part, temporarily or permanently, your use of and/or access to the BISC Platform as set forth herein.
Any such amendments or changes made will be effective immediately upon us making such changes available in the BISC Platform or otherwise providing notice thereof. You agree that your continued use of the BISC Platform after such changes constitutes your acceptance of such changes.
3. Use of the BISC Platform
3.1 To use the BISC Platform, you will need an Internet connection which is sufficiently strong in order to upload the User Content and download the Results. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem.
3.2 You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and shall be fully responsible for all activities that occur under your Account. You agree to immediately notify any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. License - restrictions
Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the BISC Platform, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the BISC Platform.
4.4 Please note that any submitted User Content, once processed and analyzed by the Company, is processed in an irreversible manner and cannot be returned to the User in the exact same format as it was submitted. The Company is not responsible (nor may it be held liable) for maintaining a copy of the original User Content, prior to the processing thereof. It is thus recommended that the User keeps a copy of the User Content provided to the Company before any processing activities by the Company take place.
5.1 The User acknowledges and agrees that the Company owns all legal right, title and interest (including Intellectual Property Rights) to the BISC Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
5.2 The User further acknowledges that the BISC Platform may contain information which is designated confidential by the Company and the User may not disclose such information without the Company’s prior written consent.
5.4 The Company acknowledges and agrees that the User owns all legal right, title and interest (including Intellectual Property Rights) to the User Content as uploaded by the User and that the Company does not claim any ownership of the Results as communicated to the User as a consequence of the processing of such User Consent.
6. Suspension for breach
In case you need technical support, you can contact us on the following e-mail address firstname.lastname@example.org.
8.1 To the maximum extent permitted under applicable law, the Company shall only be liable for personal injury or any damages resulting from (i) its gross negligence; (ii) its willful misconduct or (iii) any fraud committed by the Company.
9. Warranties and disclaimers
The Company does not warrant that all errors can be corrected, or that access to or operation of the BISC Platform shall be uninterrupted, secure, or error-free. The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the Internet and that the Company is not responsible and cannot be held liable for any losses of the User Content.
Any User Content provided by the User shall be accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage Company’s system or data; or (v) otherwise violate the rights of a third party. The User acknowledges and agrees that the Company is not obligated to back up any User Content. You agree that any use of the BISC Platform contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the BISC Platform for which the Company cannot be held liable.
10.1 By the Company. The Company shall defend and indemnify you as specified herein against any founded and well-substantiated claims brought by third parties to the extent such claim is based on an infringement of the Intellectual Property Rights of such third party by the BISC Platform and excluding any claims resulting from (i) your unauthorized use of the BISC Platform, (ii) your or any third party’s modification of any of the BISC Platform, (iii) your failure to use the most recent version of the BISC Platform made available to you, or your failure to install any corrections or updates to such BISC Platform issued by the Company, if the Company indicated that such update or correction was required to prevent a potential infringement, or (iv) your use of the BISC Platform in combination with any non-Company products or services.
The foregoing states the entire liability and obligation of the Company and the sole remedy of the User with respect to any infringement or alleged infringement of any Intellectual Property Rights caused by the BISC Platform or any part thereof.
11. Risk and Considerations
11.1 The Company does not endorse, warrant or guarantee the effectiveness of any specific course of action, tests or analyses as mentioned on its website or on the BISC Platform.
11.2. The Results as communicated by the Company are intended to be used for research purposes only.
11.3 The Company does not engage in rendering medical advice or other medical services. Therefore, the provision of the Results by the Company is NOT intended to diagnose, treat or cure a disease. The Company does not recommend self-diagnosis or self-medication, and no information included in the Results, or presented therein, may be construed or interpreted as recommending self-diagnosis or self-medication.
11.4 All information provided in the Results or on or via the BISC Platform is for information purposes only. The use of the BISC Platform and the Results (including any text, tables or graphics included therein) is at your own risk, you must evaluate, and bear all risks associated with, the use of any Results, including reliance on the accuracy, completeness or the usefulness of the Results.
12. Data Protection
Any processing of the User Content by the Company as a consequence of the User’s use of the BISC Platform shall comply with the applicable regulations (including without being limited thereto, Regulation (EU) 2016/679 (the “General Data Protection Regulation”). In the context of such processing, the Company shall always act as a processor vis-à-vis the User. Therefore, the Company warrants and undertakes to: (i) solely process the User Content in accordance with the instructions of the User and to ensure that such User Content is not transferred to third countries unless so instructed by the User in writing, (ii) ensure that the processing of any User Content shall be proportionate to the aim pursued and shall respect the essence of the right to data protection, (iii) take commercially reasonable technical and organizational measures to protect all User Content processed, as instructed by the User, and (iv) process all User Content in accordance with the Company’s Data Processing Addendum which may be consulted here. The User, as a controller, warrants and undertakes to ensure that it is entitled to transfer/upload the User Content on the BISC Platform, so that the Company may lawfully use, process and store such User Content on the User’s behalf. For the avoidance of doubt, the terms “Processing”, “Processor” and “Controller” shall have the meaning as given thereto in article 4 of the General Data Protection Regulation. Term and termination
13.5 Notices. All notices from the Company intended for receipt by you shall be deemed delivered and effective when sent to the email address provided by you on your Account. If you change this email address, you must update your email address on your personal settings page.
“Account” means your account for accessing the BISC Platform which shall be provided to you following your subscription and upon payment of the Fee;
“Fee” means the fee to be paid by the User to the Company for the use of the BISC Platform which shall amount to a sum paid by the User to the Company (increased with any applicable taxes or other costs) per Sample of User Content as submitted/uploaded by the User to the BISC Platform. No access shall be provided to the BICS Platform than upon full payment of the Fee by the User;
“Intellectual Property Rights” means any and all now known or hereafter existing, and to the extent protectable by intellectual property rights, (i) patents, patent applications, patent disclosures and inventions (whether patentable or not), (ii) trademarks, service marks, trade dress, trade names, logos, corporate names, internet domain names and registrations and applications for registration thereof together with all of the goodwill associated therewith, (iii) copyrights and copyrightable works, including mask works, and registrations and applications thereof, (iv) if protectable through any intellectual property rights, computer software programs, including source code and object code, data, databases and documentation thereof, (v) trade secrets and to the extent protectable through any intellectual property rights other information, including ideas, formulas, compositions, inventions, improvements, know-how, manufacturing and production processes and techniques, research and development information, drawings, specifications, blueprints, flowcharts, schematics, protocols, programmer notes, designs, design rights, developments, discoveries, plans, business plans, proposals, technical data, financial and marketing plans and customer and supplier lists and information, and (vi) all other forms of intellectual property.
“Sample” means a specific biological material (such as blood, urine, tissue, cells, cell cultures or saliva) collected from study subjects during scientific research and/or the conduct of clinical trials.
“Term” means the period required for analyzing and/or processing the User Content until the submission of the report to the User containing the Results (it being understood that the User can only use the BISC Platform once, unless he pays additional Fees to upload additional Samples of User Content).
Last revision: October 2020.