Terms & Conditions
Demo Platform
These Terms & conditions does not apply to the future HDS Platform currently in development.
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Disclaimer
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Health Data Safe (HDS) Demo Platform (demo.datasafe.dev) is a demo and sandbox environment, provided on an “AS IS” and an “AS AVAILABLE” basis.
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Please note that no backup, monitoring or availability guarantee is provided and should not be expected when using demo.datasafe.dev. HDS Foundation is not obligated to provide any maintenance, technical or other support for the demo.datasafe.dev environment.
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All data stored using demo.datasafe.dev could be wiped out, or the system be taken down, without prior notice. As such, you should refrain from storing critical data using demo.datasafe.dev or consider it as your main source of data storage.
As a user of demo.datasafe.dev, you are responsible for backing up, to your own computer or other device, any data that you may have stored on demo.datasafe.dev. Any activities performed while using demo.datasafe.dev should be at your own risk.
These terms and conditions (“Terms”) describe the terms on which Health Data Safe Foundation, Switzerland (“We” or “HDS”) offers its HDS Demo Platform users (“You” or the “User”) an access to, and use of, any of its HDS Demo Platform sandbox environment tools (“demo.datasafe.dev”), including but not limited to the HDS website (“HDS Website”), the demo.datasafe.dev browser, the demo.datasafe.dev mobile application.
The Terms do not apply to services provided by third parties, including when said services are provided as part of, or are integrated in, the HDS Demo Platform.
The HDS Demo Platform is made available subject to Your full compliance with the Terms.
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1. Acceptance of the Terms
By registering for HDS’s Platform, You become a registered user (“Registered User”), You agree to be bound by these Terms. If You do not agree, please refrain from using the HDS Demo Platform.
HDS Foundation reserves the right to make any changes to the Terms and/or the Privacy Policy accessible at https://healthdatasafe.org/privacy (the “Privacy Policy”). In case of modification of the Terms and Conditions, the new Terms and Conditions will be available on the Website. The user has the right to accept or decline the changes. If the user declines the changes, he will have the possibility to backup and export his data, his account will be deleted. Without any actions from the user within 30 days, the Terms and Conditions will be considered as accepted.
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2. Registered Users
The use of the HDS Demo Platform may be limited to Registered Users. To become a Registered User, you need to create a User Account. By registering, You represent and warrant the following:
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a. You are eighteen (18) years old or of legal age in Your country of residence if such age exceeds eighteen (18);
b. The information You provided as part of the registration process is accurate and not misleading and will be kept updated;
c. You are entitled to access and use the HDS Demo Platform according to any laws and/or regulations that may apply to You;
d. You may not transfer or share Your User Account with anyone; and
e. You are solely and entirely responsible for maintaining the confidentiality of Your User Account, login, password, and any of any activity that may occur through Your User account.
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3. Right to Access and use the HDS Demo Platform
HDS Foundation grants You a personal, limited, non-exclusive, non-transferable, non-assignable right to access and use the HDS Demo Platform for a duration of and in accordance with the Terms.
You acknowledge that HDS may have to temporarily block or limit access to, or availability of, part of all of the HDS Demo Platform for technical maintenance repair or support.
HDS Foundation reserves the right, without prior notice, to take any measure it might find appropriate in case of a breach of the Right to access and Use the HDS Demo Platform or to protect the integrity and performance of its computer systems, servers and networks, in particular but not limited to a suspension or a termination of data transmission, access to, or making available of, the HDS Demo Platform.
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4. Representations and Warranties
You represent and warrant that the HDS Demo Platform will not be used in violation of any law, regulation or rights of third parties.
HDS Foundation does not warrant that the functions contained in the HDS Demo Platform to access to the HDS Demo Platform will be uninterrupted, error-free or that defects can be corrected, nor make any representations regarding the use or the results of access to the HDS Demo Platform in terms of correctness, accuracy, reliability, value or otherwise.
HDS Foundation makes no representations that the HDS Demo Platform is appropriate or available for use in other locations than Switzerland. Those who access or use the HDS Demo Platform from other jurisdictions do so under their own responsibility and are responsible for compliance with applicable laws.
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5. Disclaimer and Limitation of Liabilities
In no event shall HDS Foundation be liable for any direct, indirect, incidental, punitive or special damages, including, without limitation, damages for loss of business profits, business interruption, loss of business information or, infringement of third party rights or loss or alteration of data arising out of Your access to, and use of, the HDS Demo Platform. HDS Foundation shall bear no liability, except in case of fraud or gross negligence and HDS Foundation shall not be responsible for the acts or omissions of its auxiliaries, including but not limited to the acts or omissions of its hosting providers, if any.
HDS Foundation is not responsible for temporary limitations to, or unavailability of, the HDS Demo Platform, including limitations or unavailability due to technical maintenance repair or problems caused by changes in, or modifications to, the operating characteristics of any computer hardware, operating system or browser application through which the HDS Demo Platform is accessible, nor is HDS Foundation responsible for problems which result from the access to, and use of, the HDS Demo Platform (including the hosting of data) in conjunction with software of third parties or with hardware which is incompatible with the operating system or the technical specifications of the HDS Demo Platform.
Any legal proceeding based on or in connection with the HDS Demo Platform must be instituted within 3 (three) months of the date the cause of action first accrued.
If You access and use the HDS Demo Platform, You do so at Your sole risk. You acknowledge and agree that the HDS Demo Platform is provided on an “as is” and “as available” basis. We expressly disclaim, and You waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement
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6. Indemnification
You will indemnify and hold harmless any award of costs and damages brought against HDS Foundation to the extent that it is (i) based on a claim regarding the configuration or use of the HDS Demo Platform; (ii) based on a claim regarding modification, translation, customization or localization of the HDS Demo Platform; (iii) based on a claim regarding a damage allegedly suffered as a result or in connection with the access to, or use of, the HDS Demo Platform in accordance with the Terms; or (iv) based on a claim regarding the infringement of rights of third parties in connection with the use of the HDS Demo Platform by You.
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7. Intellectual property & third party rights
You agree not to use the HDS Demo Platform to store, transmit, publish or otherwise make use of content of any sort that infringes or violates third party rights or otherwise violates applicable laws. HDS Foundation reserves the right to remove any content stored, transmitted, published or that otherwise makes use of the HDS Demo Platform that HDS Foundation estimates in its sole discretion and without prior warning may infringe or violate third party rights or otherwise violate applicable laws. HDS Foundation will not assume any responsibility or liability in this regard.
You agree not to use the HDS Demo Platform to store, transmit, publish or otherwise make use of content of any sort that includes information belonging to, or displaying information relating to third parties without ensuring that you either (i) have been duly licensed or otherwise authorized to make the intended use of the content; or (ii) have obtained said third parties’ consent.
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8. Privacy
Our Privacy Policy explains how HDS Foundation collects, processes, uses and discloses Personal Data related to You to provide the HDS Demo Platform Personal Data is further defined in the Privacy Policy, available at: https://healthdatasafe.org/privacy.
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9. Termination
You acknowledge and agree that HDS Foundation may in its sole discretion and without liability to You, with or without cause, with or without prior notice and at any time:
a. terminate Your access to the HDS Demo Platform,
b. deactivate or delete Your User Account and all related information and files; and
c. bar Your access to any files or from the HDS Demo Platform.
Except when specifically provided for otherwise, termination of your access for any reason shall immediately terminate Your rights under these Terms (in particular but not limited to access to any content stored, transmitted, published or that otherwise makes use of the HDS Demo Platform), but shall not relieve You of Your obligation to make immediate and full payment to HDS Foundation for any amounts then due and/or payable, without any claim to reimbursement of monies already paid.
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10. Miscellaneous
The access to the HDS Demo Platform does not establish a partnership, joint venture, franchise, or principal and agent among the parties, and neither party shall have any authority to incur obligations or take other actions on behalf of the other party.
HDS Foundation shall not be liable for delays in its performance hereunder due to causes beyond its reasonable control, including but not limited to, acts of God, acts of public enemy, general network break-downs, spread of viruses, acts of government or courts of law or equity, civil war, insurrection or riots, fires, floods, explosions, earthquakes or other casualties, strikes or other labor troubles.
If any provision of the Terms is invalid, illegal, or unenforceable, the balance of the Terms shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.
HDS Foundation cooperates with government and law enforcement officials and private parties as required by the law. We will only disclose information about, and Personal Data related to You to government or law enforcement officials or private parties if we have to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of HDS Foundation, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable. You will be informed of the disclosure of information about, or Personal Data related to You To the extent that HDS is not prohibited from doing so and deems it appropriate in its sole discretion.
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11. Applicable law and jurisdiction
These Terms and all matters arising out of or relating to these Terms shall be governed by the substantive laws of Switzerland, without regards to principle of conflicts of laws thereof.
Any controversy, claim or dispute between a User and HDS Foundationarising out of or in relation to these Terms shall be subject to the exclusive jurisdiction of the ordinary courts of the seat of HDS Foundation.