LAST UPDATED: 29 JANUARY 2019
Please read the following terms and conditions ("Terms") carefully. These Terms govern your access to and use of the Services (as described below), and constitute a binding legal agreement between you, as a user of the Services and Evidentli Pty. Ltd., (“Evidentli”). Your access to and use of the Services is conditioned on your compliance with these Terms. By creating an Account and accessing and/or using the Services, you agree to be bound by these Terms.
Evidentli’s Piano provides a research automation service enabling enforcement of data governance, providing access to sensitive data, accessing text data from published literature and other sources, applying various algorithms to these data, reporting of the research protocol and dissemination of the research on the Internet. Evidentli comes with a web application (the "Services").
In order to access certain features of the Services and to post Content (as defined below), you must have either an account with Evidentli ("Account"), or an account with a custodian of a dataset that is available in the Service (the “Data Custodian”). In the latter case, the Service will use OAuth, SAML or CAS to access your Data Custodian account.
To create an Account with Evidentli you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You are responsible for safeguarding and maintaining the confidentiality of your Account password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You will immediately notify Evidentli of any unauthorized use of your password or your Account. You agree that the information that you provide to us upon registration and at all other times will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (ii) electronic records to store information related to these Terms or your use of the Services. Evidentli cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
In order for Evidentli to provide you with certain Services (now or in the future), you have the option of providing Evidentli with your email address, password and/or access credentials to other accounts that you wish to link with your Account. Evidentli will only use these email addresses, passwords and/or access credentials to access your external accounts to the extent necessary to provide these Services and will otherwise keep your password/access credentials confidential.
There is a free and/or limited trial version of the Services and there a paid version. Evidentli reserves the right to change pricing at anytime.
We use third-party payment processors, Stripe and Paypal, to process payments made to us. In processing payments, we do not retain any personally identifiable information or financial information. Rather, all such information is provided to our payment processors, Stripe and Paypal. Use of your personal information is governed by their privacy policies, which may be viewed below:
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable laws, treatises and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
Upload, post, email or otherwise transmit (1) any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); or (2) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
Use the Services to collect or store personal data about other users without their express permission;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any member or other user to the Services;
Circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content;
Use any meta tags or other hidden text or metadata utilizing an Evidentli name, trademark, URL or product name;
Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages contained in the Services;
Attempt to or actually access the Services by any means other than through the interface provided by Evidentli;
Attempt to probe, scan or test the vulnerability of any Evidentli system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
Attempt to decipher, de-compile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
Use the Services in any way that competes with Evidentli;
Impersonate or misrepresent your affiliation with any person or entity.
We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach these Terms, at our sole discretion and without prior notice to you. Notwithstanding the foregoing, we also reserve the right to terminate the Services or your access thereto at any time and for any reason. After such termination, you understand and acknowledge that Evidentli will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. Evidentli will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, Evidentli will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party, and in fact, Evidentli will remove all Content provided by you through your use of the Services and any other information related to your Account from our servers.
You may terminate your Account at any time and for any reason by sending Evidentli notice. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Evidentli. Any suspension, termination or cancellation will not affect your obligations to Evidentli under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
OWNERSHIP OF THE SERVICE
The Services are protected by copyright, trademark, and other laws of Australia. Evidentli and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services ("Feedback") will be the sole and exclusive property of Evidentli and you hereby irrevocably assign to Evidentli all of your right, title, and interest in and to all Feedback.
Subject to your compliance with the terms and conditions of these Terms, Evidentli grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Evidentli solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content (other than the Content you have provided), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Evidentli or its licensors, except for the licenses and rights expressly granted in these Terms.
THIRD PARTY WEBSITES
The Services may provide links to third party websites or resources. You acknowledge and agree that Evidentli is not responsible or liable for the availability or accuracy of, and Evidentli does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your use of the Services and Content is at your sole discretion and risk. Evidentli will not be responsible for any harm to your computer or mobile device, loss of data or other harm that results from your use of the Services. You acknowledge and agree that Evidentli will not be liable for any damages whatsoever relating to your use or evaluation of the Services. Evidentli does not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services; or (ii) that the Services and/or Content will be error-free or that any errors will be corrected.
The Services and Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. Evidentli EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Evidentli, will create any warranty not expressly stated in this Agreement.
You agree to defend, indemnify, and hold Evidentli, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL EVIDENTLI, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EVIDENTLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL EVIDENTLI'S CUMULATIVE LIABILITY TO YOU EXCEED (ONE-HUNDRED AUSTRALIAN DOLLARS) $100.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
These Terms shall be governed by the laws of New South Wales, Australia, without respect to its conflict of laws principles. Any claim or dispute between you and Evidentli that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in New South Wales. These Terms shall constitute the entire agreement between you and Evidentli concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Evidentli's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Evidentli reserves the right, in its sole discretion, to modify, discontinue or terminate the Services at any time, or modify these Terms without notice. All modified terms and conditions will be effective after the new terms and conditions have been posted on the Evidentli website. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, cancel your Account. By continuing to access or use the Services after we have posted the new terms and conditions on the site, you agree to be bound by such changes.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.