Terms of Service



PLEASE NOTE: Compyda allows you to verify the realism of your generated biomedical image data (the "Analysis"). These Analyses are provided free of charge "as is" and you may only use these Analyses AT YOUR OWN RISK. PLEASE SEE THE FULL TERMS FOR ALL OF OUR DISCLAIMERS.

Overview

The following terms ("Terms of Service") describe the terms and conditions applicable to your access to and use of the Compyda services, and any associated software or products (collectively referred to as the "Service"). This document is a legally binding agreement between you as the user of the Service (referred to as "you" or "your") and The Centre for Biomedical Image Analysis (CBIA) (referred to as "we", "our", "us" or "CBIA").

By signing up for the Service you are agreeing to be bound by the Terms of Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here: Terms of Service.

We reserve the right to update and change the Terms of Service by posting updates and changes. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before you may use the Service.

The operator of the Service is the Centre for Biomedical Image Analysis (CBIA) established at the Masaryk University, with its registered office at Žerotínovo náměstí 617/9, Brno, 601 77; ID: 00216224; Tax ID: CZ00216224. Masaryk University is a public university established by an act of parliament. It is not legally required to be registered in the Commercial Register; it is registered in the Trade Register maintained by the Trade Licensing Office of the City of Brno.

All contractual relationships are governed by the laws of the Czech Republic.

General Conditions

The Service is available via the Site.

Technical support is available via email only at cbia-compyda@fi.muni.cz.

You acknowledge and agree that the Service, including without limitation, any associated software, documentation, applications, websites, tools and products, any modifications, enhancements and updates thereto, and all intellectual property rights therein are exclusively owned by CBIA.

You acknowledge and agree that we may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service here: Terms of Service and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

You may not use the Service for any illegal, fraudulent or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, or the laws of the Czech Republic.

We politely ask you to acknowledge the use of our Service, especially in your papers. This could be made in a usual manner, e.g. as a thank you note below the text.

Our Rights

We reserve the right to refuse the Service to anyone for any reason at any time.

We reserve the right to modify, discontinue or terminate the Service or any part thereof, or terminate your access to the Service, for any reason without notice at any time. We shall not be liable to you or to any third party for any modification, discontinuance or termination of the Service or any part thereof, or the termination of your access to the Service.

A breach or violation of any provision of the Terms of Service, as determined in our sole discretion, may result in an immediate termination of your access to the Service. Without limiting any other remedies that we have, we may suspend or terminate your access to the Service if we suspect that you have engaged in fraudulent activity in connection with the Service.

We reserve the right, but are not obligated, to limit the availability of the Service, or products or services made available via the Service, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

It is in our sole discretion to refuse or remove any content that is available via the Service.

Privacy and User Data

You understand that any information you provide to us in using the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not expect any personal data to be uploaded via the Service outside of your e-mail address.

The primary data you provide in order to create the Analysis are not stored in any way and will be deleted after the Analysis is created.

The Analysis is anonymous without the primary data and has no relevance.

The Analysis

We reserve the right to keep your Analysis for indefinite period of time and use it. The main purposes of keeping the Analysis are demonstrating the functioning of the service, ror reporting outputs for projects, and/or demonstration of interesting results. Without the primary data, the Analysis has no relevance and cannot be associated to you.

Accuracy, Completeness and Timeliness of Information

We make no warranties with respect to the Application or Services, and we are not responsible if any information available via the Service is not accurate, complete, up-to-date or otherwise does not meet your personal requirements. Any use of or reliance on the material or information made available through the Service is at your own risk. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the Service.

Occasionally there may be information available through the Service that contains inaccuracies or omissions.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website or application, should be taken to indicate that all information in the Service has been modified or updated.

Accuracy of Information and Personal Data

You agree to provide current, complete and accurate information in using the Service.

Your email address may be required to use certain features of the Service. If you use the e-mail address you agree that we can process it. Your failure to provide accurate, complete, and up-to-date information may result in your inability to access and use the Service.

Handling of your personal data (e-mail address and IP address) is dealt with in detail in the document Personal Data Protection.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, its content, or any of the products or services available through the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or local laws, regulations, rules, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious or destructive code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website or application, other website or application, or the Internet.

We reserve the right to terminate your use of the Service or any related website or application for violating any of the prohibited uses.

Ethical Standards

By using the Service you guarantee that the primary data you use comply with ethical standards. We do not have this data available as the Service is anonymous.

Disclaimer of Warranties; Limitation of Liability

You expressly agree that your use of, or inability to use, the Service is at your sole risk, and CBIA, officers, directors, employees, agents and licensors disclaim all warranties, express or implied, in connection with your use of and access to the Service. The Service is provided to you "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the Service will be accurate or reliable, or that the quality of any services, information, or other material purchased or obtained by you through the Service, including but not limited to the Analyses, will meet your expectations, or that any errors in the Service will be corrected.

In no event shall CBIA, its officers, directors, employees, agents, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost opportunity, lost profits, lost revenue, lost savings, loss of data, replacement costs, loss of goodwill or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any part or parts of the Service, the Analyses or any services or products procured using the Service, or for any other claim related in any way to your use of the Service or any services or products procured using the Service, including, but not limited to, any errors or omissions in any content or otherwise arising from your use of the Service, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of same.

Indemnification

You agree that the CBIA, and any parents, subsidiaries, officers, employees or third-party contractors cannot be held responsible for any third-party claim, demand or damages, including reasonable attorneys' fees, arising out of your use of the Service.

Severability

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver and Entire Agreement

The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules incorporated into these Terms of Service or posted by us in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

You can contact us about these Terms of Service at cbia-compyda@fi.muni.cz.

Last updated: Brno, 2022