Skip to content

Terms of Service

History

1.0.0 Previous versions can be found in the Agreement history.

What are the Terms of Service?

These Terms of Service are a contract between the Austrian NeuroCloud (ANC) and any User with an active ANC account.

Overview

  • These terms outline the conditions for using the ANC services.

User Responsibilities

  • Users must register an account with the ANC, comply with legal standards, avoid illegal activities, and not misuse the ANC's infrastructure.
  • Users agree to inform the ANC about any publications related to the datasets, helping to maintain transparency and support ongoing research.
  • Violation of the rules may result in the termination of the user's account.

Non-Warranty and Liability

  • The ANC is not able to guarantee that datasets will always be available or preserved. Datasets can be deleted at any time without explanation.
  • The ANC does not own the datasets and is not responsible for their content. The use of the ANC services is at the user's own risk.

Modifications

  • The ANC may change these terms and will notify users of any major changes.

1. Preamble

1.1. The Austrian NeuroCloud (ANC) is an online research data repository for Cognitive Neuroscience data, which stores datasets according to the FAIR principles. The ANC provides users with the opportunity to store, share, and use datasets and related services. The ANC fully supports the mission of the European Open Science Cloud (EOSC) and is committed to the European Union's open science policy, legal standards, and best open science practices.

1.2. The Depositor is in possession of the datasets that are intended for archiving and reuse. In the context of this Agreement, the term "datasets" refers to immaterial goods that are available in digital format and are, as such, tradable irrespective of a carrier, particularly via the internet. This particularly applies to any type of data as well as accompanying documents and metadata.

1.3. The subject of this Agreement comprises the services of the ANC.

1.4. Persons who are registered with the ANC and have an active account are hereinafter referred to as "users".

1.5. Persons who are not Parties to this Agreement are hereinafter referred to as "Third Parties".

1.6. By registering with the ANC, you agree to abide by these Terms of Service.

2. Non-warranty

2.1. The ANC makes no warranty of any kind regarding the availability or scope of the services and functions provided, particularly with regard to the preservation, provision and duration of the availability of the datasets, nor does the ANC grant users the legal right of use.

2.2. The ANC is entitled to delete datasets that have been stored and made available to users by Depositors, at any time and without stating reasons for deletion.

2.3. The ANC shall not be liable for the loss of datasets or parts thereof. Should the services be discontinued for an important, unavoidable reason, the ANC shall endeavor to preserve the datasets to the greatest extent possible.

3. Use of Services

3.1. To use the ANC, you will be required to set up a user account.

3.2. When setting up an account, the user must provide correct information (legal name). The user is responsible for assuring that the personal information provided remains correct, accurate and up to date throughout the use of the services. If the legal name changes or any other registration details require modification, the User agrees to promptly update the account information.

3.3. The User agrees to the following conditions:

a. To act lawfully when using the services and when setting up an account.

b. To not conduct any illegal activities.

c. To not commit any copyright violations.

d. To not violate personal rights.

e. To not make any attempts, even for research purposes, to re-identify data or to publish or disseminate re-identified data.

f. To not make any attempts or take any measures that result in the circumvention of the service restrictions imposed by the ANC. This particularly applies to access restrictions to datasets.

g. To hold harmless and indemnify ANC against any claims asserted by Third Parties due to (negligent or willful) unlawful use.

3.4. The user shall agree not to use the IT infrastructure provided by the ANC disproportionately or to an extent that exceeds the level of normal use. The ANC shall be entitled to define what extent of use shall be deemed disproportionate. For further information and additional terms of use, please refer to the ANC Code of Conduct. These terms are integral to our overall Terms of Service and must be adhered to by all users.

4. Information obligations concerning publications relating to datasets

The ANC must be informed about any publications relating to the datasets. This ensures traceability of the use of services and thus their preservation and encourages research with the data. As soon as a publication is in print, or at the latest, two weeks following its publication, the ANC must be informed of any publications that utilize, reference, or are otherwise connected to datasets accessible via the ANC.

5. Liability

Any datasets that have been stored and made available do not originate from the ANC. The ANC is only responsible for the storage and the availability on behalf of the Depositors. The ANC does not own the datasets and dissociates itself from their content and specific way of presentation. The ANC is not responsible for any datasets that have been stored and made available and makes no warranty of any kind with respect to other content and user activities. The ANC does not examine or monitor the stored datasets for their legal compliance, particularly with respect to intellectual property rights. This includes whether the datasets are eligible for legal protection or whether the depositor holds the necessary rights. The use thereof is solely at the user's risk.

6. Modification & Severability of these Terms

The ANC reserves the right to unilaterally change this agreement at any time. In the event of substantial changes, the ANC will inform the user before the new conditions take effect, so that the user is aware of these changes. Continuing to use the services after being informed of any changes to the agreement constitutes acceptance of such changes. If the user does not accept the changes, they are no longer entitled to use the ANC.

7. Concluding points

7.1. Failure to comply with these Terms of Service in general may result in extraordinary termination of the contract. This may result in the immediate deletion of the user account, permanently or temporarily, depending on the severity of the misconduct at the discretion of the ANC staff. However, it is imperative to indicate that data users are also subject to further applicable law most prominently in the area of data protection law and intellectual property rights, and that certain actions of non-compliance may impose severe legal sanctions.

7.2. If any provision of these Terms of Service is declared legally ineffective or unenforceable, the remaining provisions shall remain unaffected. The ineffective or unenforceable provision shall be replaced with one that reflects its intended economic outcome as closely as possible while remaining legally valid. The same applies to any unintended loophole in these Terms of Service.

7.3. These Terms of Service - including any disputes arising prior to its conclusion or after its termination, such as pre-contractual obligations (e.g., culpa in contrahendo) - shall be governed by and construed in accordance with Austrian law, excluding its rules of conflict of laws.

7.4. The Parties agree that any dispute arising from, relating to, or in connection with these Terms of Service - including disputes concerning its formation, validity, pre-contractual obligations (e.g., culpa in contrahendo), or post-termination effects - shall be subject to the exclusive jurisdiction of the competent court in 5020 Salzburg, Austria, in accordance with the Brussels I Regulation (Regulation [EU] No. 1215/2012 of the European parliament and of the council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 351 20.12.2012, p. 1, as amended by OJ L 54 25.2.2015, p. 1).