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---
title: Terms of Use
---
<div>
<p>AiiDAlab Terms of Use v1.2, 2023</p>
<h3>1. Scope</h3>
<p>
These Terms of Use are a legally binding agreement among PSI and you and
shall apply to your use of the AiiDAlab services.
</p>
<h3>2. Definitions</h3>
<ol>
<li>
“AiiDAlab” means a cloud service to manage scientific
workflows using the AiiDA framework, mainly in the field of physics,
chemistry and materials science.
</li>
<li>
“PSI” means Paul Scherrer Institute, a Swiss research
institute for natural and engineering sciences.
</li>
<li>
“Terms of Use” mean the provisions contained in the present
document and any documents referenced in the present document as well as
other operating rules and policies that AiiDAlab may publish from time to
time on AiiDAlab Website.
</li>
<li>
The “Services” means the applications, software and services
provided by PSI through AiiDAlab.
</li>
<li>
The “Website” means the AiiDAlab website and all content and
Services provided by AiiDAlab at or through the Website.
</li>
<li>
“The User” means the individual person, company, or
organization that has visited or is using the Website or Services; that
accesses or uses any part of the account; or that directs the use of the
account in the performance of its functions.
</li>
<li>“You” or “your” refer to the User.</li>
<li>
“Content” means content featured or displayed through the
Website, including without limitation text, data, articles, images,
photographs, graphics, software, applications, designs, features, and
other materials that are available on the Website or otherwise available
through the Services. “Content” also includes Services.
“User-Uploaded Content” is Content, written or otherwise,
created and/or uploaded by Users (including in any private repositories).
“Your Content” is Content that you own.
</li>
<li>
Third Party's Content means any content, including any data, code,
parameters, workflow, methods, research results, you did not obtain or
create yourself and/or of which you are not the owner or not the sole
owner.
</li>
</ol>
<h3>3. Accounts</h3>
<h4>3.1 Signup Process</h4>
<p>
In order to be able to use the Services, you need to request and be granted
an account. To that effect you must provide AiiDAlab with the following
information:
</p>
<ol>
<li>
if You are an individual acting for yourself (i.e. not acting as an
officer, manager, director etc of a company or other entity):
<ul>
<li>Your name and first name</li>
<li>Your email address</li>
</ul>
</li>
<li>
if You act on behalf of a university, company or other entity:
<ul>
<li>Your name and first name</li>
<li>Your position in the company or entity</li>
<li>The name of the company or entity</li>
</ul>
</li>
</ol>
<p>
If you do act on behalf of a university, company or other entity, you hereby
confirm that you have the right to act on behalf of such entity. Upon
approval of your account request by AiiDAlab, you will need to accept this
Agreement
<!-- by clicking “Yes, I accept” in the box
located on ould.org -->. Your account will be then activated. You hereby warrant
that the information you give is true and accurate. Each account is a single
user account. Therefore, if more than one user at a company or other entity
wish to use the Services, then each user shall have an account.
</p>
<h4>3.2 Your Personal Data</h4>
<p>
PSI will use your personal data provided to AiiDAlab only for the purpose of
operating the Website and the Services; you hereby agree to such processing.
PSI shall process and handle said personal data in compliance with the
applicable laws and regulations and in accordance with AiiDAlab Privacy
Policy.
</p>
<h4>3.3 User Responsibility for Account Security</h4>
<p>
You are responsible for keeping your account secure. In particular you shall
not disclose to others your account identification and password and shall
protect that information from access by others.
</p>
<p>
For the avoidance of doubt, PSI shall in no case be liable for any loss or
damage arising from your failure to comply with your security obligations.
</p>
<p>
You will promptly notify PSI through AiiDAlab Website if you become aware of
any unauthorized access to AiiDAlab Services through your account, including
any unauthorized use of your password or account.
</p>
<h4>3.4 User's other Responsibilities and Liability</h4>
<h5>3.4.1 Legal Compliance</h5>
<p>
You are personally responsible for ensuring that your use of the Services
does not violate these Terms of Use or any applicable laws and regulations
(e.g. criminal laws, data protection laws) or infringes on third parties'
rights (including copyrights, database rights, trademark rights, patent
rights, license rights and personal rights).
</p>
<p>
In particular, you will not upload, post, host, or transmit any content
that:
</p>
<ul>
<li>is unlawful or promotes unlawful activities;</li>
<li>violates any personal data protection and/or privacy laws;</li>
<li>is defamatory, or fraudulent;</li>
<li>is discriminatory or abusive toward any individual or group;</li>
<li>
infringes on any proprietary right of any party (including copyrights,
database rights, trademark rights, patent rights, license rights, and
personal rights);
</li>
<li>
violate any agreement you have with third parties (including
confidentiality agreements).
</li>
</ul>
<p>
You shall abide to the
<a
href="https://rechtssammlung.sp.ethz.ch/Dokumente/203.21en.pdf"
target="_blank"
>ETH Zurich Acceptable Use Policy for Telematics Resources (BOT)</a
>.
</p>
<h5>3.4.2 Due Care</h5>
<p>You shall use the Services with all due care.</p>
<p>In particular, you shall not:</p>
<ul>
<li>
use AiiDAlab's servers for any form of excessive automated bulk activity
(for example, spamming), or relay any other form of unsolicited
advertising or solicitation through our servers, such as get-rich-quick
schemes;
</li>
<li>
attempt to disrupt or tamper with AiiDAlab's servers in ways that could
harm the Website or Service, to place undue burden on AiiDAlab's servers
through automated means, or to access the Services in ways that exceed
your authorization, or by uploading content containing malware;
</li>
<li>
impersonate any person or entity, including any of PSI employees or
representatives, including through false association with AiiDAlab, or by
fraudulently misrepresenting your identity or site's purpose.
</li>
</ul>
<h5>3.4.3 No Abuse of the Services</h5>
<p>
You shall not reproduce, copy, sell, resell or exploit any portion of the
Services or the Website without PSI’s express written permission.
</p>
<h5>3.4.4 No Scraping</h5>
<p>
Scraping refers to extracting data from a website via an automated process,
such as a bot or webcrawler. It does not refer to the collection of
information through AiiDAlab's API. Please see Section 7 for AiiDAlab API
Terms. You may scrape the website for the following reasons:
</p>
<ul>
<li>
Researchers may scrape public, non-personal information from AiiDAlab for
research purposes, only if any publications resulting from that research
are open access.
</li>
<li>
Archivists may scrape AiiDAlab for public data for archival purposes.
</li>
</ul>
<p>
You may not scrape AiiDAlab for spamming purposes, including for the
purposes of selling AiiDAlab users' personal information, such as to
recruiters, headhunters, and job boards.
</p>
<h5>3.4.5 Excessive Bandwidth Use</h5>
<p>
If AiiDAlab determines your bandwidth usage to be significantly excessive in
relation to other AiiDAlab users, we reserve the right to suspend your
account until you can reduce your bandwidth consumption.
</p>
<h5>3.4.6 Spamming and Inappropriate Use of AiiDAlab</h5>
<p>
Advertising Content, like all Content, must not violate the law or these
Terms of Use, for example through excessive bulk activity such as spamming.
PSI reserves the right to remove any advertisements that, in PSI's sole
discretion, violate the Terms of Use or the law.
</p>
<h5>3.4.7 Liability</h5>
<p>
You and/or the company or entity on behalf of which you use your account
shall be liable to PSI, the other Users and any others for any damages or
claims arising from your unlawful use of the Services or the Website and for
any violation of these Terms of Use. You shall indemnify and hold PSI, its
partners and any sub-contractor harmless against any claims and damages
arising from your unlawful use of the Services or the Website or any
violation of these Terms of Use.
</p>
<h3>4. User-Uploaded Content</h3>
<h4>4.1 User's Responsibility and PSI's Right to Remove</h4>
<p>
You may create and/or upload Content while using the Services. You are
solely responsible for the content of, and for any harm resulting from, any
User-Uploaded Content (including any Third Party's Content) that you post,
upload, link to or otherwise make available via the Services, regardless of
the form of that content. PSI is not responsible for any public display or
misuse of your User-Uploaded Content.
</p>
<p>
PSI does not pre-screen User-Uploaded Content, but PSI has the right (though
not the obligation) to refuse or remove any User-Uploaded Content that PSI
determines, in its sole discretion, to violate the Terms of Use or any law.
</p>
<p>
You agree that PSI may remove any User-Uploaded Content that PSI in its sole
discretion determines to be inappropriate.
</p>
<h4>4.2 Ownership of Content, Right to Post, and License Grants</h4>
<p>
You retain ownership of and responsibility for Content you create or own and
up-load on AiiDAlab.
</p>
<p>
Because you retain ownership of and responsibility for Your Content, PSI
needs you to grant PSI, and the other AiiDAlab Users, certain legal
permissions, listed in Sections 4.4 to 4.6. These license grants apply to
Your Content. You understand that you will not receive any payment for any
of the rights granted in Sections 4.4 to 4.6. The licenses you grant
hereunder are perpetual. If you upload Content that already comes with a
license granting PSI the permissions PSI needs to run the Services, no
additional license is required.
</p>
<h4>4.3 Third Party's Content</h4>
<p>
Before up-loading any Third Party's Content, you must make sure that you
have the right to up-load them on AiiDAlab, which is an open environment.
So, you hereby warrants that you are either the sole owner of the Content
you up-load or, if this is not the case, that you did obtain all
authorizations from the lawful owner(s) of such content to up-load it and
grant the licenses listed in Sections 4.4 to 4.6.
</p>
<p>
You shall indemnify and hold PSI, its partners and any sub-contractor
harmless against any claims and damages arising from your up-loading of any
Third Party's Content.
</p>
<h4>4.4 License Grant to PSI</h4>
<p>
PSI needs the legal right to do things such as host Your Content and any
Third Party's Content you up-load. You hereby grant PSI, its service
providers or sub-contractors and PSI legal successors the right to use,
store, parse, and display Your Content and any Third Party's Content you
up-load, and make incidental copies thereof as necessary to render the
Website and provide the Services. This includes the right to do things like
make backups; show them to you; use such contents to provide the Services;
parse them into a search index or otherwise analyze them on our servers; and
perform them, in case Your Content or any Third Party's Content you up-load
is something like audio and/or video recordings.
</p>
<h4>4.5 Contributions Under Repository License</h4>
<p>
Whenever you make a contribution to any AiiDAlab application repository
containing notice of a license, you license your contribution under the same
terms, and you shall make sure that you have the right to license your
contribution under those terms. If you have a separate agreement to license
your contributions under different terms, such as a contributor license
agreement, that agreement will supersede.
</p>
<h4>4.6 Moral Rights</h4>
<p>
To the extent Your Content benefits from copyright protection, you retain
all moral rights to Your Content that you upload, publish, or submit to any
part of the Services, including the rights of integrity and attribution
unless otherwise provided in any license you attached to Your Content or in
any license attached to another User's Content (see Section 4.5). However,
you waive these rights and agree not to assert them against PSI, to enable
PSI to reasonably exercise the rights granted in Section 4, but not
otherwise.
</p>
<p>
To the extent this Section is not enforceable by applicable local law, you
grant PSI the rights PSI needs to use Your Content without attribution and
to make reasonable adaptations of Your Content as necessary to render the
Website and provide the Services.
</p>
<h4>4.7 Private Sections</h4>
<p>
By default, User-uploaded Content stored in your AiiDAlab account is
private. You as the User are in control of providing access to other users
or the Public.
</p>
<p>
PSI will use reasonable efforts to protect the contents of private sections
from unauthorized use, access, or disclosure. However, PSI extends no
warranties as to any unauthorized use, access or disclosure of such content
by third parties.
</p>
<p>
PSI employees, or employees of PSI sub-contracting entity operating the
supercomputing infrastructure used for some of the Services, may only access
the content of your private areas in the following situations:
</p>
<ul>
<li>
with your consent, for support reasons. If PSI (or the abovementioned
sub-contracting entity) accesses a private repository for support reasons,
we will only do so with the User's consent and knowledge; or
</li>
<li>when access is required for security reasons</li>
<li>when accessing it for backup or service maintenance reasons.</li>
</ul>
<p>
If PSI has reason to believe the contents of a private area are in violation
of the law or of these Terms of Use, PSI has the right to access, review,
and remove them. Additionally, PSI may be compelled by law to disclose the
contents of your private repositories.
</p>
<h3>5. Intellectual Property Notice</h3>
<h4>5.1. PSI's Rights to Content</h4>
<p>
PSI and PSI's partners, licensors, vendors, agents, and/or content providers
retain ownership of all intellectual property rights of any kind related to
the Website and Services. PSI reserves all rights that are not expressly
granted to you under this Agreement or by law. The look and feel of the
Website and Services is copyright of Paul Scherrer Institute, Switzerland
(for the account of the MARVEL NCCR) or its respective licensors, vendors,
agents and/or content providers. You may not duplicate, copy, or reuse any
portion of the HTML/CSS, Javascript, or visual design elements or concepts
without express written permission from PSI.
</p>
<h4>5.2. PSI Trademarks and Logos</h4>
<p>
If you'd like to use PSI's trademarks, logos or names, including
“AiiDAlab” name and logos, you must first obtain the written
permission of PSI.
</p>
<h4>5.3. License to this Agreement</h4>
<p>
This Agreement is licensed under the Creative Commons Attribution license.
You may use it under the terms of the Creative Commons license.
</p>
<h3>6. Infringement of your Copyrights</h3>
<p>
If you are a copyright owner and you believe that content on AiiDAlab
violates your rights, please contact by emailing
<a href="mailto:aiidalab@materialscloud.org">aiidalab@materialscloud.org</a
>. There may be legal consequences for sending a false or frivolous takedown
notice. Before sending a takedown request, you must consider legal uses such
as fair use and licensed uses.
</p>
<p>We will terminate the accounts of repeat infringers of this Section.</p>
<p>
As stated in Sections 4.1 and 4.7, PSI reserves the right to remove any of
your Uploaded Content that PSI determines to infringe upon other User's
copyrights (or third party's copyrights).
</p>
<h3>7. API Terms</h3>
<h4>7.1. Limitation of Liability for API Use</h4>
<p>
You understand and agree that AiiDAlab is not liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including
but not limited to damages for loss of profits, goodwill, use, data or other
intangible losses (even if AiiDAlab has been advised of the possibility of
such damages), resulting from your use of the API or third-party products
that access data via the API.
</p>
<h4>7.2. No Abuse or Overuse of the API</h4>
<p>
Abuse or excessively frequent requests to AiiDAlab via the API may result in
the temporary or permanent suspension of your account's access to the API.
AiiDAlab, in our sole discretion, will determine abuse or excessive usage of
the API. We will make a reasonable attempt to warn you via email prior to
suspension.
</p>
<p>You may not share API tokens to exceed AiiDAlab's rate limitations.</p>
<p>
You may not use the API to download data or Content from AiiDAlab for
spamming purposes, including for the purposes of selling AiiDAlab users'
personal information, such as to recruiters, headhunters, and job boards.
</p>
<p>
All use of the AiiDAlab API is subject to these Terms of Services and the
AiiDAlab Privacy Policy. AiiDAlab may offer subscription-based access to its
API for those Users who require high-throughput access or access that would
result in resale of AiiDAlab's Services.
</p>
<h4>7.3. AiiDAlab May Terminate Your Use of the API</h4>
<p>
We reserve the right at any time to modify or discontinue, temporarily or
permanently, your access to the API or any part of it with or without
notice.
</p>
<h3>8. Cancellation and Termination</h3>
<h4>8.1. Account Cancellation</h4>
<p>
You can cancel your account at any time by contacting the AiiDAlab at
<a href="mailto:aiidalab@materialscloud.org">aiidalab@materialscloud.org</a
>.
</p>
<h4>8.2. Upon Cancellation</h4>
<p>
PSI will retain and use your information as necessary to comply with its
legal obligations, resolve disputes, and enforce agreements, but barring
legal requirements, PSI will delete your full profile and the Content in
your Private Area if any, within 90 days of cancellation or termination;
however, though some information may remain in backups. This information
cannot be recovered once your account is cancelled. Since the aim of
AiiDAlab is to disseminate scientific research results in an open science
framework, your Uploaded Content on public pages of AiiDAlab will not be
removed upon cancellation of your account (unless otherwise set forth in
these Terms of Use).
</p>
<h4>8.3. PSI Termination Rights</h4>
<p>
PSI has the right to suspend or terminate your access to all or any part of
the Website or Services at any time. You hereby waive any claim, demands and
damages against PSI (and the MARVEL members) and its service providers in
case of such a termination.
</p>
<h4>8.4. Survival</h4>
<p>
All provisions of this Agreement which by their nature should survive
termination will survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity, and limitations of
liability.
</p>
<h3>9. Communications with AiiDAlab</h3>
<h4>9.1. Electronic Communication Required</h4>
<p>
For contractual purposes, you (1) consent to receive communications from PSI
in an electronic form via the email address you have submitted or via the
Services; and (2) agree that the Terms of Use and any agreements, notices,
disclosures, and other communications that PSI provides in connection with
AiiDAlab to you electronically satisfy any legal requirement that those
communications would satisfy if they were on paper. This section does not
affect any non-waivable rights by law.
</p>
<h4>9.2. Legal Notice to AiiDAlab</h4>
<p>
Legal notice to PSI must be in writing and served to: Paul Scherrer
Institute, Forschungsstrasse 111, 5303 Villigen, Switzerland or to
<a href="mailto:aiidalab@materialscloud.org">aiidalab@materialscloud.org</a
>.
</p>
<h4>9.3. No Phone Support</h4>
<p>
PSI only offers for AiiDAlab support via email, in-Services communications,
and electronic messages. There is no telephone support.
</p>
<h3>10. Disclaimer of Warranties</h3>
<p>
AiiDAlab and its subcontractors provide the Website and the Services
“as is” and “as available,” without warranty of any
kind. Without limiting this, PSI expressly disclaims all warranties, whether
express, implied or statutory, regarding the Website and the Services
including without limitation any warranty of merchantability, fitness for a
particular purpose, title, security, accuracy and non-infringement.
</p>
<p>
AiiDAlab and its subcontractor do not warrant that the Services will meet
your requirements; that the Services will be uninterrupted, timely, secure,
or error-free; that the information provided through the Services is
accurate, reliable or correct; that any defects or errors will be corrected;
that the Services will be available at any particular time or location; or
that the Services is free of viruses or other harmful components. You assume
full responsibility and risk of loss resulting from your downloading,
uploading and/or use of files, information, content or other material
obtained from the Services.
</p>
<h3>11. Limitation of Liability</h3>
<p>
You understand and agree that PSI (and its subcontractors) will not be
liable to you or any third party for any loss of profits, use, goodwill, or
data, or for any incidental, indirect, special, consequential or exemplary
damages, however arising, that result from
</p>
<ul>
<li>the use, disclosure, or display of your User-Uploaded Content;</li>
<li>your use or inability to use the Services;</li>
<li>
any modification, price change, suspension or discontinuance of the
Services;
</li>
<li>
the Services generally or the software or systems that make the Services
available;
</li>
<li>
unauthorized access to or alterations of your transmissions or data;
</li>
<li>statements or conduct of any third party on the Services;</li>
<li>
any other user interactions that you input or receive through your use of
the Services; or
</li>
<li>any other matter relating to the Services.</li>
</ul>
<p>
PSI and its subcontractors liability is limited whether or not we have been
informed of the possibility of such damages, and even if a remedy set forth
in these Terms of Use is found to have failed of its essential purpose.
Should PSI liability limitations not be enforceable under imperative law,
then the maximum liability of PSI in connection with the Services or the use
of the Website shall be limited to the smaller of the amount paid by the
User over the last six months or five hundred Swiss francs.
</p>
<h3>12. Release and Indemnification</h3>
<p>
If you have a dispute with one or more Users, you agree to release AiiDAlab
(and its subcontractors) from any and all 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.
</p>
<p>
You agree to indemnify and hold PSI, its partners and any sub-contractor,
harmless from and against any and all claims, liabilities, and expenses,
including attorneys' fees, arising out of your use of the Website and the
Services, including but not limited to your violation of the Terms of Use.
</p>
<h3>13. Changes to These Terms of Use</h3>
<p>
PSI reserves the right, at its sole discretion, to amend these Terms of Use
at any time and will update them in the event of any such amendments. We
will notify the Users of material changes to these Terms of Use, such as
price changes, at least 30 days prior to the change taking effect by posting
a notice on AiiDAlab Website and you will have the right to cancel your
account within 30 days from such notice. For any modification, your
continued use of the Website constitutes agreement to our revisions of these
Terms of Use.
</p>
<h3>14. Changes to the Website</h3>
<p>
We reserve the right at any time and from time to time to modify the Website
(or any part of it) with or without notice.
</p>
<h3>15. Miscellaneous</h3>
<h4>15.1. Governing Law — Place of Jurisdiction</h4>
<p>
These Terms of Use between you and PSI, any access to or use of the Website
or the Services, and any claims raised in connection with the Terms of Use
or the Website or the Services, are governed by Swiss law, without regard to
conflict of law provisions. You agree to submit to the exclusive
jurisdiction of the cantonal court of the Canton Vaud located in Lausanne,
Switzerland.
</p>
<h4>15.2. Non-Assignability</h4>
<p>
PSI may assign or delegate these Terms of Use and/or the AiiDAlab Privacy
Policy in whole or in part, to any person or entity at any time with or
without your consent, including the license grants in Section 4. You may not
assign or delegate any rights or obligations under these Terms of Use
without PSI prior written consent, and any unauthorized assignment and
delegation by you is void.
</p>
<h4>15.3. Severability, No Waiver, and Survival</h4>
<p>
If any part of these Terms of Use is held invalid or unenforceable, that
portion will be construed to reflect the parties' original intent. The
remaining portions will remain in full force and effect. Any failure on the
part of AiiDAlab to enforce any provision of these Terms of Use will not be
considered a waiver of our right to enforce such provision. PSI rights under
this Agreement will survive any termination of these Terms of Use.
</p>
<h4>15.4. Nature of Agreement; Amendments; Complete Agreement</h4>
<p>
The Terms of Use constitute a bilateral agreement between you and PSI for
your use of the Website and/or the Services. These Terms of Use may only be
modified by a written amendment signed by an authorized representative of
PSI, or by the posting by PSI of a revised version in accordance with
Section 13.
</p>
<p>
These Terms of Use, together with the AiiDAlab Privacy Policy, represent the
complete and exclusive statement of the agreement between you and PSI on the
subject matter herein. Such agreement supersedes any proposal or prior
agreement oral or written, and any other communications between you and PSI
or AiiDAlab relating to the subject matter of these terms including any
confidentiality or nondisclosure agreements.
</p>
<h4>15.5. Copyright notice</h4>
<p>
This work “AiiDAlab Terms of Use” is a derivative work of
“<a
href="https://help.github.com/articles/github-terms-of-service/"
target="_blank"
>GitHub Terms of Service</a
>” by GitHub Inc. used under the
<a href="https://creativecommons.org/licenses/by/4.0/" target="_blank"
>Creative Common Attribution License</a
>. This work is licensed under Creative Common Attribution License by Paul
Scherrer Institute.
</p>
</div>