Terms of use Oncoguide Sandbox API
2021
1. Applicability
1.1 These terms and conditions of use (“Terms of Use“) describe the conditions under which use may be made of the Oncoguide Sandbox API provided by the Netherlands Comprehensive Cancer Organisation (“IKNL“).
1.2 By agreeing to these Terms of Use, the User accepts its applicability to the Oncoguide Sandbox API.
2. Definitions
- User: organisation or individual natural person who has obtained an exclusive subscription to make use of the Oncoguide Sandbox API in performing his profession or business.
- Subscription: the right of use that IKNL grants to the User if the User agrees to these Terms of Use.
- Oncoguide Sandbox API: the API containing the algorithms to support clinical decision making
- Delivery: the supply by IKNL of a user subscription for the Oncoguide Sandbox API.
3. Use
3.1 The intended use is described in the Terms of Use of Oncoguide
3.2 The User is only permitted to use the Oncoguide Sandbox API for test or POC purposes, commercial use is not allowed.
3.3 For commercial use, a subscription for the Oncoguide Production API is needed.
4. Right of use
4.1 By agreeing to these Terms of Use, IKNL grants the User a non-transferable, exclusive, restricted, personal right of use (Subscription) free of charge for services, access to and use of the Oncoguide Sandbox API.
4.2 Agreement occurs by the User ticking the box “I agree to the Terms of Use” made available for this purpose ans clicking the button “Subscribe”, which are displayed on the subscription page.
4.3 In order to be able to activate the Subscription, the User agrees to complete the following personal data:
- User Name (first and last name)
- Email address
- Password
4.4 When the User has complied with Article 4.1, IKNL undertakes to activate the Subscription to the User. Activation takes place by means of creating an account containing one or more API-keys.
4.5 IKNL has the right at all times to adapt the Oncoguide Sandbox API, to modify or delete data, to deny use of the Oncoguide Sandbox API by the User by cancelling the subscription, to limit use of the Oncoguide Sandbox API , or to temporarily or permanently deny access to the Oncoguide Sandbox API in whole or in part. IKNL will inform the User about this at its own discretion.
4.6 In order to be able to make use of the Oncoguide Sandbox API, the User must provide, at its own expense, the necessary equipment, system software and internet connection.
5. Liability
5.1 The User is responsible for a proper use of the Oncoguide Sandbox API. The Oncoguide Sandbox API is used at the exclusive risk of the User.
5.2 The Oncoguide Sandbox API is a testing environment. Sources of knowledge like medical treatment guidelines (as drawn up by the associations of practising professionals who authorize these guidelines for treatment) and prediction models on which the digital computer interpretable representations are based and which are made available through the Oncoguide Sandbox API, may be incorrect, incomplete and/or outdated. Holders of the guidelines (associations of professionals who authorize these guidelines for treatment) or prediction models cannot be held liable for the contents of these guidelines nor for the consequences that the application of these sources of knowledge may have in patient care, except in the case of wilful misconduct, gross negligence or omission.
5.3 The digital computer interpretable representations as mentioned in section 5.2 which are made available through the Oncoguide Sandbox API are likewise developed by IKNL. IKNL does not accept any liability for the contents of used sources of knowledge and their digital computer interpretable representations, neither for the consequences that the application of these sources of knowledge or use of the Oncoguide Sandbox API may have in patient care.
5.4 Any medical care and any medical treatment is the responsibility of the User of the Oncoguide Sandbox API. The User indemnifies IKNL and the holder of the relevant source(s) of knowledge from any liability arising from (medical) treatment and (medical) care provided or given by or on instruction from the User, as well as for claims from third parties which, in one way or another, are the result of any (medical) treatment by the User.
5.5 Sources of knowledge like clinical practice guidelines, expert protocols, prediction models and their derivative digital computer interpretable representations contain recommendations of a general nature. It is possible that these recommendations are not applicable in an individual case. Facts or circumstances may occur, which could require a deviation from these recommendations in the interests of the patient.
5.6 IKNL does not accept any liability for decisions taken based on the Oncoguide Sandbox API software. Neither does IKNL accept any liability for the sources of knowledge being up-to-date and its compliance to the current state of scientific knowledge at the time of use.
5.7 IKNL would be grateful to receive any feedback regarding errors or alleged errors in the format or contents of the sources of knowledge which are made available through the Oncoguide Sandbox API. Please contact IKNL for this by email (oncoguide@iknl.nl).
5.8 The Oncoguide Sandbox API may contain links to websites offered by parties other than IKNL. These links are provided merely for information purposes. IKNL has no control over these websites and is not responsible or liable for the information, products or services offered by them.
6. Intellectual Property
6.1 By accepting these Terms of Use, the User accepts that the intellectual property rights of the Oncoguide Sandbox API are vested in IKNL. The intellectual property rights of the computer interpretable representations of the sources of knowledge developed and made available through the Oncoguide Sandbox API are vested in the authors or the holder of the relevant guideline, or the holder of the relevant expert protocol or prediction model.
6.2. The User of the Oncoguide Sandbox API is not permitted to reproduce and/or publish in whole or in part and/or use or reuse the Oncoguide Sandbox API products, computer interpretable representations of the sources of knowledge, without express written permission from IKNL. Requests for permission may be submitted to IKNL, PO Box 19079, 3501 DB Utrecht, the Netherlands. IKNL deals with such requests within a reasonable period of time, in conjunction with the relevant holder of the guideline, or the holder of the relevant expert protocol or prediction model.
6.3 The User is not permitted to use the Oncoguide Sandbox API other than in context of the purpose as defined in Article 5 of this User Agreement.
6.4 The Oncoguide Sandbox API may be updated by IKNL at any time (for maintenance, security and other technical requirements) without obtaining prior consent from Users. IKNL will make every reasonable effort to ensure adequate provision of information in this regard.
7. Privacy
7.1 The user data provided by the User for use of the Oncoguide Sandbox API will be treated in a confidential manner by IKNL. IKNL will not exceed the role of processor within the meaning of the GDPR (General Data Protection Regulation).
7.2 In accordance with the GDPR, IKNL has taken appropriate measures to secure your Oncoguide Sandbox API account. Transmission of data takes place by means of a secure open connection (internet, https).
8. Data security
8.1 The User is obliged to protect the account with a password to prevent unauthorized access to the account. The User is responsible for the confidentiality and protection of private login data in order to prevent unauthorized access to the account. The User is responsible for the protection of privacy-sensitive data in respect of third parties.
8.2 The User is not permitted to circumvent or to remove the security of the Oncoguide Sandbox API or any of its parts.
8.3 Anyone who disrupts or deactivates the Oncoguide Sandbox API system or network security can be held liable for damages suffered and to be suffered by IKNL as a result thereof.
9. Applicable law
9.1 IKNL is entitled to change or supplement these Terms of Use. Changes of minor importance can be made at any time. IKNL strives to inform the User about major substantive changes in advance.
9.2 Dutch law applies to these Terms of Use and to all other agreements between the User and IKNL.
9.3 Disputes regarding the use of Oncoguide Sandbox API software can be submitted to the competent court in Midden-Nederland, the Netherlands.