QuantActions Terms of Use
These Terms of Use were last updated on 23rd April 2024.
Topics
- General Terms and Conditions
- Policy for non-commercial/Academic licenses
- Mobile application end-user license agreement
General Terms and Conditions
These Terms and Conditions ("Terms", "Terms and Conditions") govern Customer’s relationship with QuantActions websites (http://www.quantactions.com, brain-aware.ai, brain-research.taps.ai), QuantActions TapAdmin taps.ai, QuantActions mobile applications and QuantActions SDK/API (the "Service") operated by QuantActions. Customer’s access to and use of the Service is conditioned on Customer’s acceptance of and compliance with these Terms. These Terms apply to all customers, users and others who access or use the Service. By accessing or using the Service, Customer agrees to be bound by these Terms in conjunction with our Privacy Policy or any other additional applicable agreements or terms, such as the academic license or mobile application end-user license agreement. If Customer disagrees with any part of the Terms or Privacy Policy, then Customer may not access the Service.
Purchases
If Customer wishes to purchase any product or service made available through the Service ("Purchase"), Customer may be asked to supply certain information relevant to Customer’s Purchase including, without limitation, Customer’s credit card number, the expiration date of Customer’s credit card, Customer’s billing address, and Customer’s shipping information.
Customer represents and warrants that: (i) Customer has the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information Customer supplies to QuantActions is true, correct and complete.
By submitting such information, Customer grants QuantActions the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
QuantActions reserves the right to refuse or cancel Customer’s order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in Customer’s order, suspected fraud or an unauthorised or illegal transaction, or other reasons.
Availability, Errors and Inaccuracies
QuantActions is constantly updating QuantActions’ offerings of products and services on the Service. The products or services available on QuantActions’ Service may be mispriced, described inaccurately, or unavailable, and QuantActions may experience delays in updating information on the Service and in QuantActions’ advertising on other web sites. QuantActions cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. QuantActions reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts, Participation ID (end user activation codes)
When Customer creates an account with us, Customer must provide QuantActions information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Customer’s account on QuantActions’ Service.
Customer is responsible for safe guarding any passwords that Customer may use to access the Service and for any activities or actions under Customer’s password, whether Customer’s password is with QuantActions’ Service or a third-party service.
Customer agrees not to disclose Customer’s password to any third party. Customer must notify QuantActions immediately upon becoming aware of any breach of security or unauthorized use of Customer’s account.
Participation IDs (end user activation codes) can only be used for ONE individual. Reusing it is prohibited.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of QuantActions and its licensors. Some parts of the QuantActions pipeline have been inspired and may use parts of code and data from the following publications: https://doi.org/10.1016/j.isci.2022.104791, https://doi.org/10.1016/j.isci.2022.104792, https://doi.org/10.1016/j.isci.2021.102538, https://doi.org/10.1016/j.isci.2021.102159, https://doi.org/10.1038/s41746-019-0147-4. Where applicable, and under the Creative Commons license, ideas and implementations have been modified and adapted to fulfil QuantActions' requirements some of which are robustness, generalization, efficiency, security and privacy. The Service is protected by copyright, trademark, patent and other laws of both Switzerland and foreign countries. QuantActions’ trademarks, trade dress and other intellectual property may not be used in connection with any product or service without the prior written consent of QuantActions.
Links to Other Web Sites
QuantActions’ Service may contain links to third-party web sites or services that are not owned or controlled by QuantActions.
QuantActions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Customer further acknowledges and agrees that QuantActions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Termination
QuantActions may terminate or suspend Customer’s account immediately, without prior notice or liability, if Customer breaches the Terms.Upon termination, Customer’s right to use the Service will immediately cease.
Limitation of Liability
In no event shall QuantActions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Customer’s access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii)any content obtained from the Service; and (iv) unauthorized access, use or alteration of Customer’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not QuantActions have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Customer’s use of the Service is at Customer’s sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. QuantActions, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet Customer’s requirements. The reliability and availability of the service may be reduced or limited in certain circumstances. This includes, but is not limited to, sharing a device used for data collection with other persons, if the amount of usage of the device does not generate enough data for analysis, if available service updates have not been adopted or if the operating system of the device stops the service, e.g. due to extreme battery saving or low battery.
Health and Medical Disclaimer
QuantActions service is not intended for medical purposes, is not a medical device, and is not intended to diagnose, treat, cure or prevent any disease. With regard to accuracy, QuantActions has developed services to track certain information as accurately as reasonably possible. The accuracy of QuantActions services is not intended to be equivalent to medical devices. The information, including but not limited to, text, graphics, images and other material contained in our services is for informational purposes only. We have done our best to ensure that the information provided in our services is accurate and provide valuable information. Regardless of anything to the contrary, nothing available in our services should be understood as a recommendation. The information in our services is not intended to be a substitute for professional health or medical advice, diagnosis or treatment. You should not rely solely on this information. Always consult a health or medical professional to address your particular needs and circumstances prior to making any health or medical decision. Always seek the advice of a qualified health care provider with any questions you may have regarding a health or medical condition or treatment and before undertaking a new health care regimen, and never disregard professional health or medical advice or delay in seeking it because of information provided in our services. Neither QuantActions nor any of its employees or owners shall be held liable or responsible for any errors or omissions in our services or for any damage you may suffer as a result of failing to seek competent health, medical or professional advice from a professional who is familiar with your situation.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
Failure of QuantActions to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between QuantActions regarding QuantActions’ Service, and supersede and replace any prior agreements QuantActions might have between QuantActions regarding the Service.
Changes
QuantActions reserves the right, at QuantActions’ sole discretion, to modify or replace these Terms at any time. If a revision is material QuantActions will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at QuantActions’ sole discretion. By continuing to access or use QuantActions’ Service after those revisions become effective, Customer agrees to be bound by the revised terms.
Policy for non-commercial/Academic licenses
This policy governs the use of the QuantActions research platform, including QuantActions TapAdmin taps.ai ("taps.ai" or "TapAdmin") that we offer as a web service. This policy applies in addition to the General Terms and Conditions and the Privacy Policy.
Publishing and releasing data to the public
QuantActions strives to make science more transparent and thus more reliable and efficient. Holders of non-commercial/academic licenses must notify QuantActions of the digital object identifier (doi) of each publication derived from QuantActions data. Non-commercial/academic license holders must publish or release anonymized processed data to academic repositories within 5 years of the end of data collection. Permission to extend this period may be granted on reasonable request. Failure to comply with this article allows QuantActions to release anonymized processed data to the academic community.
Publishing or releasing data to the public in anonymized form allows the scientific community and QuantActions to further process data for scientific and developmental purposes. Please refer to the QuantActions General Privacy Policy to learn how data will be used.
Anonymous processed data includes all non-personal data provided via QuantActions services, including the ‘Public ID’ (not to be confused with ‘Participation ID’). The ‘Public ID’ links data sets of the same individual in order to transparently link different studies of the same dataset and to enable re-use of data while still ensuring the individual’s anonymity.
The ‘Public ID’ must never be disclosed to the public together with any data relating to an identifiable person (e.g. name, e-mail address, phone number, etc.)
Neither the ‘Participant ID’ nor raw data must ever be released to the public without explicit permission of QuantActions and the competent ethics committee.
Data deletion requests
If an individual participating in an academic licensee study submits an account deletion request to QuantActions, we will delete the individual’s data from the QuantActions server within 30 days. If the individual specifically requests the deletion of their data from the academic license holder as well, QuantActions will forward the data deletion request to the relevant academic license holder and request the deletion of all data that has been shared for that individual. The academic license holder shall promptly comply with this request. While QuantActions will make every reasonable effort to assist in the data deletion process, the final responsibility for data removal lies with the academic license holder. Data that has already been made available to the public in anonymized form, such as through publication or releasing to academic repositories, is exempt from deletion.
Data access and data sharing
Access to raw data, and processing of raw data, is strictly restricted to non-commercial/academic customers processing these data for the purpose of non-profit, non-commercial academic research only. It is the responsibility of the customer to restrict raw data access to only the individuals holding a QuantActions account. It is not permitted to share any raw data with any individuals not directly involved with the study, whether such individuals are within the same institution or with another entity. Raw data may not be disclosed to any other entity. If a non-commercial/academic license holder needs to exchange raw data with any other entity, written permission must be obtained in advance from QuantActions. Such permission requires the conclusion of a data sharing agreement that clearly documents what data are being shared, why the data are being shared, and how the data may be used. At its sole discretion, QuantActions may impose additional charges for concluding such agreements.
Compliance with regulations
Holders of an academic license must follow all relevant rules and regulations when conducting health-related research involving human subjects including but not limited to, obtaining informed consent from participants or, in the case of minors, their parent or guardian. Unless otherwise exempt under applicable laws and regulations, holders of an academic license must obtain and maintain compliance with IRB approval or equivalent review by an independent ethics committee before beginning their research. The holder of an academic license is responsible for maintaining accurate documentation in this regard.
Although QuantActions does not require evidence of compliance, the responsibility for meeting these obligations rests with the academic licensee.
Failure to comply with these obligations may result in a breach of the terms of the academic license agreement with QuantActions and may lead to the suspension or termination of the license.
By using the QuantActions services, holders of an academic license acknowledge and agree to these obligations and agree to comply with them as part of their research activities involving our platform.
Mobile application end-user license agreement
This license agreement ("License Agreement") is a legal agreement between You ("You" or "Your") and QuantActions AG ("QuantActions") that governs your use of a QuantActions mobile application software that we provide for use on your mobile device (the "Application"). This license agreement applies in addition to the General Terms and Conditions and the Privacy Policy. QuantActions is responsible for the Application and the content thereof. Your use of the Application is also governed by the General Terms and Conditions and Privacy Policies available on the quantactions.com website, including but not limited to the privacy statement and terms and conditions of use (collectively, the "Website Terms"), and all references in such Website Terms are deemed to also refer to the Application for purposes of your use of the Application. By using the Application, you accept and agree to be bound by this license agreement and the Website Terms. If you do not agree with the terms and conditions of this license agreement and the Website Terms, you may not use the Application and you must delete it from your mobile device. You agree to comply with all applicable third party terms of agreement when using the Application.
License and Restrictions
Subject to the terms and conditions of this License Agreement and the Website Terms, QuantActions hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Application on your mobile device, solely for receiving services from QuantActions. You will not (a) reproduce, modify, translate or create any derivative work of all or any portion of the Application, (b) sell, sublicense, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the Application to any third party, (c) reverse engineer, decompile, reverse assemble or otherwise attempt to gain access to the source code of all or any portion of the Application, or (d) remove, alter, or cover any copyright notices or other proprietary rights notices that are found in the Application.
Maintenance and Support
QuantActions may deploy changes, updates, or enhancements to the Application at any time without notice. QuantActions may provide maintenance and support for the Application, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. Any updates will be governed by this License Agreement and the Website Terms. You acknowledge that neither Apple, Inc ("Apple") (for iOS mobile app) nor Google (for Android mobile app) has an obligation to furnish any maintenance or support services in connection with the Application.
Termination
You agree that we may discontinue, suspend or terminate your right or ability to use all or part of the Application at any time, without notice or liability to you. You may terminate this License Agreement by ceasing use of the Application and destroying all copies in your possession or control. We may terminate this License Agreement for any or no reason, at any time without prior notice. This License Agreement will automatically terminate if you breach any of its terms or conditions. Immediately upon any termination of this License Agreement, you will cease use of the Application and destroy all copies in your possession or control. All provisions of this License Agreement regarding restrictions, QuantActions’ proprietary rights and confidential information, disclaimers of warranties, remedies, and limits of liability shall survive termination.
Limitation of Liability
To the extent not prohibited by law, neither QuantActions nor its affiliates will be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if QuantActions has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. QuantActions’ sole obligation and your exclusive remedy for any dissatisfaction with the application or QuantActions’ breach of this license agreement will be to stop using and uninstall the application.
No Warranty
Your use of the Application is at your sole risk. The Application is provided on an “AS IS” and “AS AVAILABLE” basis. QuantActions expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Application is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Application is solely Your responsibility, and downloading the Application is done at Your own risk. QuantActions does not represent or warrant that the Application and Your device are compatible or that the Application will work on Your device.
In the event of QuantActions’ failure to conform to any applicable warranty, You may notify Apple (for iOS mobile app), and Apple will refund the purchase price for the Mobile App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to a) the Application, and b) any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty.
External Services
The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. QuantActions is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by QuantActions or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms or that infringes the intellectual property rights of QuantActions or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that QuantActions is not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. QuantActions reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
Intellectual Property Rights
In the event of a third party claim that the Application, or Your possession and use of the Application, infringes third party’s intellectual property rights, QuantActions will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance
You will comply with all applicable laws in connection with your use of the Application. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that you have been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Application to or use the Application in any such country.
Third Party Beneficiaries
This agreement is executed between You and QuantActions and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this agreement or Your use of the Application will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this agreement, allows Apple or Google, as applicable, to enforce this agreement against You as a third party beneficiary thereof. QuantActions is not responsible for any applicable third-party agreement between You and any third-party.
Changes to Terms
You agree that QuantActions may at any time and without notice change the terms, conditions, or notices under which the Application is offered. We will post any such changes on the quantactions.com website or within the Application, and your continued use of the Application evidences your agreement to be bound by such changes.
Contact Information
Any communication regarding the Application or this License Agreement should be directed to: QuantActions AG, Laternengasse 4, 8001 Zurich, Switzerland. Please contact QuantActions by email at support@quantactions.com. QuantActions is responsible for addressing claims relating to the Application and your possession and/or use of the Application.