Nightingale User Terms

Last updated: December 2021

Welcome to Nightingale Open Science!  We are thrilled to have you join us.  Nightingale Open Science is currently housed at the Center for Applied Artificial Intelligence in the Booth School of Business at the University of Chicago (“Nightingale Open Science”), and so this is a binding agreement with the University of Chicago.  By accessing any data provided by the Nightingale Open Science team, related to Nightingale Open Science, or otherwise accessing the Nightingale Open Science site at nightingalescience.org (the “Data”), you agree to the following terms (the “User Terms”):  

1. Ownership.  As between you and Nightingale Open Science, and other than the rights granted herein, the Nightingale Open Science retains all rights, title, and interest in the Data.  You will take all steps reasonably necessary to preserve the confidentiality of Data.  As between you and Nightingale Open Science, you retain all rights, title, and interest in the technical operation of your software, algorithms, data, or materials run or stored on or in connection with the Data (collectively, “User Materials”).  You hereby grant Nightingale Open Science a limited, non-exclusive license to use such User Materials for the purpose of providing access to the Data.
2. Use.  You may only view and use the Data for legally permissible, non-commercial, research purposes only. Any commercial use, sale, or other monetization is prohibited, and you may not download, save, copy, reproduce, retransmit, distribute, publish, otherwise transfer, or commercially exploit any material.  You are solely responsible for ensuring that your use of the Data complies with all applicable laws.  Prior to accessing the Data, you will complete human subjects training and any other training required by the Nightingale team or your institution and provide the Nightingale team with your certificate.  Any violation of these User Terms or other impermissible use shall be grounds for immediate termination of use of the Data.
3. Patient Data.  You understand that the Data are de-identified patient data, and that any re-identification of the underlying data, or failure of the initial de-identification process, could produce sensitive health information that must be protected.  You will not make any attempt to re-identify any of the individual data subjects, and you will take all steps reasonably necessary to prevent the possibility of identification of research participants in any research papers or publications.  You further agree not to link or combine Data to other information or archived data in a way that could re-identify any individual or attempt to re-identify any individual.  In no event shall data or images generated through the use of the Data be used or relied upon in the diagnosis or provision of patient care.
4. Distribution Prohibited.  You may not distribute, publish, or reproduce a copy of any portion or all of the Data to others without specific prior written permission from Nightingale Open Science.  If another user within your institution wishes to use the Data, they must register as an individual user and comply with all the terms of these User Terms; you may not share any access information with others.
5. Acknowledgment and Citation. In any published materials that make use of the Data, you will acknowledge the Nightingale Open Science Platform and the specific dataset or datasets used. You will provide citations as specified in the relevant dataset documentation.
6. Accounts.  You may receive login and account information to access the Data (the “Account”).  You agree not to share your Account information with any other individual or give others access to your Account.  You understand that you are responsible for your Account security, and you will safeguard your password, and keep your account information current.  In relation to your Account or creating an Account, you agree to only submit true, accurate, and complete information about you and your institution to the best of your knowledge. 
7. Notification and Cooperation.  You agree to immediately report any violations, whether intentional or accidental, of these User Terms to Nightingale Open Science by emailing legal@nightingalescience.org.  That includes any identification of any individual data subject, any disclosure of the Data or other confidential information, or any unauthorized access to the Data or Nightingale Open Science information or systems.  In the event of any unauthorized disclosure or other issue, you agree to cooperate fully with Nightingale Open Science to remediate.
8. Billing and Payments. Fees to use Nightingale Services are based on your usage. You agree to pay fees and any applicable taxes (collectively, “Fees”) in accordance with the then-current applicable rates available at https://www.nightingalescience.org/pricing. Payment obligations are non-cancelable, and, once paid, are non-refundable. Projects. Nightingale Projects enable you to use computing resources and data and allow you to collaborate with other Nightingale users. You can create as many projects as you like. In each project, you add funds and maintain a balance out of which any Fees are paid. When you add other users to your Project, you agree that any Fees they incur in your Project will be paid from your Project's funds. Credit Card Payment Terms. When you add funds to your Projects by credit card, you are responsible for ensuring that such funds cover the Fees due. If your account does not have sufficient funds or your credit card declines a charge for the Fees due, we reserve the right to suspend services to all of your Projects until the Fees due are paid in full. Project Balance Expiration and Funds Withdrawal. Project balances are subject to expiration after 180 days of inactivity. Nightingale will provide you with written notice at least thirty (30) days before the expiration date. You may withdraw funds in any amount up to the full Project balance at any time. You must be the authorized recipient of any funds that we return to you. Payment Disputes. For any Fees that you wish to dispute, you will notify us in writing within sixty (60) days of the date of the disputed Fees. When you are disputing any Fees, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. 
9. Disclaimers and Limitation on Liability.  THE DATA ARE PROVIDED "AS IS," AND NIGHTINGALE OPEN SCIENCE, THE UNIVERSITY OF CHICAGO, AND ITS COLLABORATORS DO NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOR DO THEY ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE USE OF THIS DATA.  Neither party shall be liable hereunder for consequential or punitive damages (including lost profits or savings), even if it has been advised of their possible existence. UChicago’s total and cumulative liability for any claim or claims hereunder concerning performance or nonperformance hereunder shall be one dollar (US$1.00).
10. Termination. Your access to the Data can be terminated at any time.  On termination, any Data or access points to Data in your possession must be destroyed.‍
11. Miscellaneous. Independent Contractor. Nightingale Open Science is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties. Publicity. User shall not use any trademark, service mark, logo or other designation of origin of Nightingale Open Science or the University of Chicago without the prior written consent of Nightingale Open Science. Modifications. If an update to these User Terms materially affects your access to the Data or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. Severability. If a provision is found unenforceable, the remaining provisions of these User Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.