Welcome to the SiPer platform, a service provided by the Luxembourg Centre for Systems Biomedicine, an interdisciplinary centre of the University of Luxembourg.

The below Terms and Conditions apply to all agreements by and between the University of Luxembourg and a Client (as defined below) and to all legal acts in connection therewith.

Please read these Terms and Conditions carefully before ordering any SiPer service. By ordering a SiPer service, you signify your agreement to these Terms and Conditions. Upon acceptance – by ordering a Service - of these Terms and Conditions, such Terms and Conditions become the Agreement (as defined below) between the University of Luxembourg and the Client. If you do not agree to these Terms and Conditions, you may not order any SiPer service.

The Service Provider (as defined below) may modify these Terms and Conditions at any time by updating this posting. The Client is bound by any such modification and should therefore visit this page periodically to review these Terms and Conditions. The Client’s continued use of the SiPer service after a modification signifies its agreement to the said modification.

1. Definition:

   As used in these Terms and Conditions, the following terms, when used in capital letters, shall have the following meanings:

   Agreement: The agreement by and between the Service Provider and the Client, in which the Service Provider commits to perform the services described therein. The modalities of such Agreement are defined by the present Terms and Conditions.

   Applicable Data Protection Laws: Any applicable national law of Luxembourg related to Data Protection and enforcing the General Data Protection Regulation (EU) 2016/679 or any superseding text.

   Client: The natural person or legal entity that enters into an Agreement with the Service Provider.

   Service Provider: The Luxembourg Centre for System Biomedicine, an interdisciplinary centre of the University of Luxembourg, an institution of higher education and research, having its registered office at 2 avenue de l’Université, L-4365 Esch-sur-Alzette, Luxembourg.

   Parties: The Client and the Service Provider.

   Service: The services performed by the Service Provider in compliance with the Agreement.

   SiPer: A research method and a software used to perform the Service.

   PAWS Platform: A website through which the Client shall apply for the performance of the Service.

   PAWS: “Pipeline As a Web Service” is the software framework supporting the PAWS Platform.

   Results: Results of the Service.

   the following words have the same meaning as in the European Regulation 2016/679 named General Data Protection Regulation (“GDPR”): “Controller”, “Processor”, “Data Subject”, “Personal Data”, “Data Protection Officer”, “Pseudonymisation”, “Consent” and “Processing”.

2. PAWS Platform:

   The Client can place an order on the PAWS Platform. By doing so, the Client understands and agrees that the Service Provider might collect and process its Personal Data (as defined by the European Regulation 2016/679 mentioned below) for the purposes of allocating account details to the Client and performing the Service.

   The Client agrees to provide, maintain and update true, accurate, current and complete information about itself. The Client agrees not to impersonate any person or entity or misrepresent its identity or affiliation with any person or entity, including using another person's username, password or any other account information.

   The content available on the PAWS Platform, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in Luxembourg and foreign countries, and is owned or controlled by the Service Provider or by third parties that have licensed their Content to the Service Provider. Unauthorized use of the Content may violate copyright, trademark, and other laws.

   The PAWS Platform may contain links to third parties’ websites that are maintained by such third parties. Any such links are provided solely as a convenience to the Client and not as an endorsement by the Service Provider of the content on such third parties’ websites. The Service Provider is not responsible for the content of such websites and does not make any representations or warranties regarding the content or accuracy of materials on such third parties’ websites or the privacy practices of such third parties. If the Client decides to access to linked third parties’ web sites, the Client does so at its own risk.

3. Placing an order:

   The Client can place an order for the Service by:

   1. creating an account on the PAWS Platform and uploading two input files – scRNA-seq data and Query TF data (hereinafter, the “Set of Input Files”).
      By ordering through its own account, the Client can download the Results, share the Results - on a restricted access basis - and benefit from the Results from more than one Set of Input Files at a time. The account, and the Results its contains, will automatically be deleted from the PAWS Platform by the Service Provider should no activity be reported 6 (six) months after the delivery of the last Results to the Client.
   or
   2. uploading the Set of Input Files on the PAWS Platform without creating an account.
      By ordering outside an account, the Client can only download the Results and have access to the Results of one Set of Input Files at a time. The Results will automatically be deleted from the PAWS Platform by the Service Provider 1 (one) month after receipt of the said Results by the Client.
4. Client Obligations:

   The Client agrees and acknowledges that any failure to provide, either in quality and/or in quantity, the Set(s) of Input Files or any other information or material in accordance with the Agreement will delay the Service and that the Service Provider shall not be deemed to be in breach of any of its obligation nor liable to the Client in respect of any such failure of the Client.

   The Client represents and warrants that: (i) it owns or has the right to provide the Set(s) of Input Files to the Service Provider for use in connection with the Service, and such delivery and use will not violate any obligation that the Client owes to any third party; (ii) it has secured all necessary approvals, licenses and permits to deliver the Set(s) of Input Files to the Service Provider for use in connection with the Service; (iii) the Service Provider’s use of the Set(s) of Input Files for the performance of the Service will not infringe any intellectual property or other proprietary rights of any third party, nor violate any legal or ethical requirements.

   In the event of any breach of any of the foregoing representations and warranties, the Client shall indemnify and hold harmless the Service Provider, and its respective directors, officers, employees, representatives, licensors and agents from and against any loss, costs, damages, liabilities or claims of any kind relating to such breach.

5. The Service:

   The Service Provider will use its reasonable skills and due care in performing the Service on behalf of the Client. The Agreement with the Client shall not be regarded to imply any undertaking to reach a certain result but is at all times an undertaking to use reasonable efforts.

   The Service Provider will use its reasonable skills and due care in performing the Service in a timely manner. The delay in delivering the Results may differ according to the flow of orders. A specific date of delivery of the Results cannot therefore be agreed upon.

6. Delivery of Results:

   When available, the Service Provider will upload the Results on the Client’s account on the PAWS Platform and send an email to inform the Client that the Results can be viewed.

   If the Client has uploaded the Set of Input Files without creating an account, it will receive an email with a link and an access token, to allow the Client to access to the Results.

   The Service shall be deemed to be completed upon delivery of the Results. The Service Provider shall have no obligation to perform any further Services on the same Set(s) of Input Files and shall not be required to deliver any copy of the Results.

   The Service Provider will delete the Set(s) of Input Files upon delivery of the Results.

7. Payment:

   The Service is provided on a free-of-charge basis.

8. Ownership and Intellectual Property:

   The Client is responsible for the clearance of the rights on the Set(s) of Input Files and remains the owner of such Set(s) of Input Files. The Client allows the Service Provider to process the Set(s) of Input Files for the purpose of the Service.

   The Client becomes the owner of the Results upon delivery of such Results.

   The Service Provider shall not violate the intellectual property rights of others. It is the Service Provider's policy, at its discretion and when appropriate, to terminate the account of any Client who may infringe, or has infringed the copyrights of third parties.

9. Use of the Results:

   The Service aims to provide a tool to support neuroscience research. It is NOT approved for clinical use. The Client shall use the Results at its own discretion and its own risk.

   The Service Provider makes no representations or warranties about the accuracy, reliability or completeness to be obtained from using the Results.

10. Data Protection:
    10.1 Placing an order:

    To the extent that the Client provides Personal Data to place an order with or without creating an account, the Service Provider will be considered Controller regarding such Personal Data.

    In such case, the Service Provider will collect and store the Personal Data of the Client for the sole purpose of providing the Client with an account on the PAWS Platform and/or delivering the Results to the Client. The Personal Data will be stored securely and will be deleted by the Service Provider according to Section 3 of the present Terms and Conditions.

    The processing of your personal data is necessary for the performance of the Terms and conditions in accordance with article 6(1) ( b) of the GDPR.

    According to the GDPR, the Client has the right to access to its Personal Data, and to ask the Service Provider for modification or deletion of such Personal Data. In case of any queries regarding his/her personal data the Client can contact the Data Protection Officer of the University on dpo@uni.lu during working hours or following the procedure available on https://wwwen.uni.lu/university/data_protection/your_rights.

    If you consider the Processing of your Personal Data infringes your rights, you can lodge a complaint to the CNPD. Information is provided on http://www.cnpd.lu.

    By placing an order, the Client expressly acknowledges the collection and processing of its Personal Data.

    10.2 Performance of the Service:

    For the purpose of the Service, the Client is a Data Controller and the Service Provider is a Data Processor.

    By providing the Set of Input Files, data containing Personal Data might be transferred from the Client to the Service Provider. By ordering the Service, the Client instructs the Service Provider to Process such Personal Data.

    Each Party shall be responsible for complying with all Data Protection requirements. The Client ensures to provide only Personal Data obtained and processed in accordance with the Applicable Data Protection Laws, which have undergone Pseudonymization. The Client is responsible for ensuring that the Consent of the Data Subject has been documented and given and that it covers the execution of the Service by the Service Provider. The Client is responsible for enforcing Data Subject’s statutory rights. If any of these requirements is not met, the Agreement shall be terminated and the Service Provider shall not be held responsible for any loss, harm or damage generated in connection with such termination. The Service Provider is not liable for any misuse of the Personal Data by the Client.

    The Service Provider shall only Process Data, which have undergone Pseudonymization and ensures that such Personal Data shall not be stored nor retained during a period of time superior to one (1) or six (6) months after the date of the delivery of the last Results as stated under Section 3. The Service Provider shall ensure that the Processing of the Personal Data is made in compliance with Applicable Data Protection Laws requirements. The Service Provider shall not share any Personal Data and it will not undertake any action in order to identify any Data Subject.

    Furthermore, the Service Provider as a Processor of the Personal Data warrants and undertakes to:

    1. Process the Personal Data only upon written and documented instructions, including in electronic form, from the Controller;
    2. Authorize only employees to Process the Personal Data under the condition that their obligations related to confidentiality are adequate to comply with the GDPR;
    3. Ensure the confidentiality, the integrity and availability of the Personal Data;
    4. Assist the Controller in treating Data Subject’s queries, within the limits of the nature to the framework of the Processing;
    5. Assisting the Controller in ensuring its duties with regards to the statutory rights of the Data Subject;
    6. Delete all Personal Data contained in the Set(s) of Input Files after delivery of the Results;
    7. If required by the Controller, demonstrate the compliance with the above-mentioned measures and allow for audits conducted by the Controller or an auditor mandated by the Controller strictly limited to the matter hereto. The audit shall be undertaken upon at least two weeks of prior notice. The audit will occur during the opening hours of the Processor and will be limited to the Controller’s Personal Data. In no circumstances, the Controller may audit the Personal Data of other Clients or access to Personal Data not relevant to the processing of the Services it has asked. The Processor may ask for a fee regarding to the organisation of the audit.
    8. Inform the Controller if an instruction from it seems to infringe the data protection laws.

    The Controller represents and warrants that information about the presence of Personal Data could be provided with the Set of Input Files and that the order is either not a further (or “secondary”) processing, or that, if the case, the order complies with articles 5.1, 6.4 and 89 of the GDPR.

    The Parties shall not transfer Personal Data to a country outside of the European Economic Area without complying with applicable data protection laws.

    The Parties agree to cooperate fully with each other for responding to requests from supervisory authorities under Article 31 GDPR.

    The Parties shall not release any Data to any person or entity other than those involved in the performance of the Service, and on a strict need-to-know basis.

11. Liability:

    The Service Provider shall not be liable for (1) any inaccuracy, error in or failure of SiPer, (2) or any loss or damage (including without limitation any consequential, indirect, incidental, special or exemplary damages) arising from such inaccuracy, error in or failure of SiPer, (3) or any loss or damage (including without limitation any consequential, indirect, incidental, special or exemplary damages) arising from any download or use made of the Results. If any of the above provisions are void under applicable law, the Service Provider's liability shall be limited to the full extent permitted by law.

    Any liability of the Service Provider, or its employees or affiliated parties, towards the Client is at all times limited to direct damages only. It will furthermore at all times be limited to any payment made in that respect by its business liability insurance or professional indemnity insurance as the case may be.

    Any delivery date of the Results agreed upon by the Service Provider is always considered as a guideline or an indication and shall not be considered as binding for the Service Provider.

12. Indemnity:

    The Client agrees to defend, indemnify, and hold harmless the Service Provider, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the Client’s breach of these Terms of Use. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of the Service Provider.

13. Termination:

    The Service Provider is entitled, without further notice of default and without written intervention, to terminate with immediate effect the Agreement, if the Client fails to fulfil any of its obligations under these Terms and Services.

14. Applicable Laws and Jurisdiction:

    Any dispute arising from the interpretation and/or implementation of these Terms and Conditions, which cannot be settled amicably, shall be brought before a competent court in the city of Luxembourg.