Terms of use and privacy policy Version 4.3

The use and access of the VarSome.com website and its associated Application Programming Interface (“the Site”) shall be subject to the following terms of use, which may be amended from time to time by Saphetor S.A. (“Saphetor” or “we”).

 

INFORMATION SUPPLIED "AS IS” (NO WARRANTIES)

The information and contents which are provided by Saphetor through the Site (“Contents”) are delivered to you "as is", without any warranties of any kind, express or implied, including without limitation warranties as to the fitness for any particular purpose, non-infringement of third parties’ rights or the absence of latent or other defects, whether or not discoverable.

Although Saphetor uses its best efforts to provide accurate results, you hereby understand and acknowledge that the Contents are based on software and data provided by third parties, over which Saphetor has no control at all and which may contain errors that Saphetor cannot identify and which may affect the Contents. Further, the provision of Contents, including without limitation of analysis and results thereof, as well as any related services, is made by Saphetor using software, algorithms and computer-implemented technologies (whether owned by Saphetor or by third parties) the proper functioning of which cannot be guaranteed. No warranty is provided in this respect, in particular that such software, algorithms or technology would be error-free, flawless or exempt from any bug or another unintentional malfunction.

Saphetor cannot be responsible for any interpretation of the results and other data in the Contents.

Use of this service is also subject to the terms and conditions of the original providers of the Contents.

 

USAGE OF THE SITE

You must be at least 18 years old to use the Site.

You agree that all the filings, posts or submissions that you contribute to the Site (“User Content”) are permanently and irrevocably licensed to Saphetor. You grant Saphetor the permanent and irrevocable right and license to use, publish, display, distribute, modify and store such User Content.

You agree that you will not under any circumstances:

  • post any information that is illegal or otherwise objectionable (including, without limitation, any file or content that is copyrighted or subject to third party proprietary rights, including privacy or personality rights, rights protecting personal data etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such file or content to the Site);
  • use the Site for any unlawful purpose or for the promotion of illegal activities, or for any activity that may harm another person or group (including, without limitation, by posting or linking to malicious content intended to damage or disrupt another user’s browser or computer);
  • provide false or inaccurate information (e.g. when posting User Content), including variant classifications, links to scientific publications or any other content;
  • interfere or attempt to interfere with the proper functioning of the Site (including, without limitation, take any action which may impose an unreasonable or disproportionately large load on our servers or network infrastructure);
  • bypass any measures which restrict access to the Site or use any technology to scrape, spider, or crawl the Site or harvest or manipulate data;
  • use the communication systems provided by or contacts made on the Site for any commercial solicitation purposes, nor post any content that is irrelevant to genomics, containing offensive, profane, racist or sexist language, is menacing or violent, illegal, or damaging to the rights of third parties.
  • disclose your password to anyone or allow anyone else to use your account of the Site on any device and for any reason.

You hereby accept we have the right to (i) determine whether any of your User Content is appropriate and comply with these Terms of Service and (ii) remove any and/or all of your filings, posts or submissions from the Site, and (iii) terminate your membership of the site.

 

SERVICE NOT TO BE USED FOR MEDICAL ADVICE

The Site is for research use only. Information provided by the Site does not constitute advice for/on diagnosis, drugs, therapies or any other health-related issue. You agree that we are providing a service that is intended only to assist users in reaching their own conclusions or making their own research work and that users are solely responsible for the decisions based on use of the Contents. In particular, any Content or information provided on the Site should never be relied upon for specific medical advice. Never disregard medical advice or delay seeking it because of something you may have read on the Site. Consult your personal physician or other professional health care provider when seeking individualized treatment regarding your medical diagnosis or condition.

In addition to this, automated variant classification is only provided for educational use.

 

PRIVACY

For registered users, we store standard personally identifiable user information such as email address, name, address, telephone number, password, social network links, profession and field, job title, ip address, affiliations, and any other information that you, as a user, provide.

Information that you wish to share publicly by altering the settings on your user profile will be published. If you contribute User Content, your screen name will be displayed publicly next to it.

We store personally identifiable information on third party electronic systems, such as cloud service providers. These third parties act as “data processors” for us and will only act under our instruction and are subject to pre-contract scrutiny and contractual obligations containing strict data protection clauses. We do not allow these organisations to use your data for their own purposes or disclose it to other third parties without our consent and we take all reasonable care to ensure that they keep your data secure.

We will not share your non-public personally identifiable information with any other third party, except:

  • after obtaining your written consent
  • if we are required to do so by law.

We may contact you:

  • in response to your feedback, questions, complaints or suggestions
  • in relation to your usage of the Site
  • on behalf of other users or other third parties seeking to establish collaborations or other working relationships
  • with notifications of other users’ comments or other feedback on your User Content.
  • with communications regarding products or services

We may share non-personally identifiable information (such as anonymous usage data) with interested third parties to help them understand the usage patterns for the Site.

You will receive our newsletter if you opt in to do so. You agree to remain contactable for all other purposes by email at all times.

You may request at any time to obtain all the personally identifiable data we have stored about you.

You may request Saphetor to delete all your personally identifiable information from the Site by closing your account.

If you do not use your account for a period of five years, we will close your account and delete all your personally identifiable information automatically.

 

WEBSITE PERFORMANCE MEASUREMENT

We may measure the performance of the Site in order to improve and customize it in favor of our visitors. During your visit, we automatically collect and store the following information about your computer and your visit:

  • the domain and host from which you access the Internet
  • the Internet address of the website from which you linked directly to the Site, if applicable
  • the date and time you accessed the Site, how long you spent on the site and which pages you visited
  • your Internet protocol (IP) address, its location, and your computer’s operating system and browser software

We may entrust third parties with the described performance measurements on aggregated or anonymized data. In no event will we thereby acquire information on the individual identity of any visitor. Such third parties will be required to observe our privacy standards, to provide us only with aggregated information, to use the information collected only for the purposes for which they have been retained by Saphetor, and to destroy the information afterwards.

 

COOKIES

The Site deposits certain bits of information called “cookies” in a visitor’s computer. Generally, a cookie assigns a unique number to the visitor that has no meaning outside the Site. This technology does not collect an individual visitor’s identifying information.

If you have a user account for any website provided by Saphetor, cookies are necessary for you to remain logged in your account.

Cookies may also be used (i) to measure performance of the Site in order to improve and customize it in favor of our visitors, (ii) to detect potential misuses, (iii) to save user preferences to optimize browsing.

If so you wish, you may disable cookie placement by changing the parameters of your browser, and you can easily remove any cookies that have been created in the cookie folder of your browser. For further information, see e.g. http://www.wikihow.com/Disable-Cookies.

Please be aware that disabling cookies may result in also disabling certain functionality and features of this site, as well as other websites you visit.

 

DISCLAIMER

To the fullest extent permissible under applicable law, under no circumstances, Saphetor (and its directors, officers, employees, sub-contractors and affiliates) shall be liable for any claims, demands or actions arising out of, based on or related to the use of, inability to use, or reliance on the Contents, or any damages (whether direct, indirect, incidental, consequential, punitive or exemplary) resulting therefrom. Saphetor shall in particular assume no liability arising out of the use of the Contents and any results and data generated by its technology. Saphetor disclaims all warranties of any kind with respect to this site, the Contents and its services, whether expressed or implied, including without limitation warranties as to the fitness for any particular purpose, non-infringement of third parties’ rights (such as, without limitation, copyright, privacy rights or similar) or the absence of latent or other defects, whether or not discoverable, or that the Site or related services will be error-free, reliable, complete or secure.

Saphetor will not be liable to you for any modification, suspension, or discontinuation of the provision of the Contents or of the related services, or for the loss of any content or materials provided by you.

Saphetor assumes no liability for any content that you or any other user or third-party posts or sends over the Site. Any loss or damage that occurs as a result of the use of any user content that you make available or access through your use of our Site is solely your responsibility. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Saphetor disclaims any liability for any public display or misuse of your user content.

 

MODIFICATION OF TERMS OF USE

We may amend these Terms of Use at any time. We will display the new Terms of Use and ask you to accept them before continuing the use of the Site.

 

APPLICABLE LAWS; VENUE

These Terms of Use and Privacy Policy and your use of the Site are governed by the laws of Switzerland. By using this Site, you signify your consent to the jurisdiction of Swiss courts of the domicile of Saphetor.

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