Thank you for using Tencent HealthCare Omics Platform Service!
To use the Tencent HealthCare Omics Platform Service (the “Service(s)”), you shall read and comply with these Tencent HealthCare Omics Platform Service Terms of Use (these “Terms”), the Tencent Cloud Terms of Service and other terms and conditions and policies as may be stated to be applicable.
Please ensure that you read and fully understand these Terms, especially the clauses that exempt or limit liability.
Unless you have read and accepted these Terms and all other applicable terms and conditions and policies, you do not have the right to use the Services.
By using the Services, you are deemed to have read and agreed to be bound by this Terms, and all other terms and conditions and policies referenced herein. If you violate any of these Terms, we have the right to unilaterally restrict, suspend or terminate the provision of the Services to you at any time and to pursue any remedies against you, in accordance with our legal rights.
Any reference to “Tencent”, “we”, “our” or “us” in these Terms is a reference to the applicable Tencent contracting entity as stated in the Tencent Cloud Terms of Service, or in any other written agreement entered into between you and us in respect of the use of the Services.
1. Scope of this Agreement
You may only use the Tencent HealthCare Omics Platform and related services in accordance with these terms and conditions.
1.2 Relationship and Conflict
These Terms shall be read with and shall incorporate the terms and conditions of the Tencent Cloud Terms of Service (the “Tencent Cloud Terms of Service”) as may be updated from time to time, and which shall likewise apply to the provision and use of the Services. In the event of a conflict between the terms of the Tencent Cloud Terms of Service and these Terms, these Terms shall apply to the extent of the conflict. The use of the Services shall also be subject to any additional policies, terms and directions that we may publish from time to time. 2. Services
2.1 The Services hereunder is a platform tool for task and resource scheduling and management mainly targeted for the life sciences industry.
2.2 In order to use the Services, you will need to complete the service activation process via your Tencent Cloud account(s) (the “Account”). Please note that the use of the Tencent Cloud Account is likewise subject to the terms and conditions of the Tencent Cloud Terms of Service.
2.3 The Services is intended for your internal use only. You shall not use the Services for any commercial purposes, resale or further distribution without our prior written consent.
2.4 You acknowledge and agree that the Services are not intended to be used for diagnosis, prevention, monitoring, treatment or alleviation of diseases, injuries and other medical and diagnostic related purposes, or any other purposes that require additional approvals, licenses or consent in the medical, healthcare or life sciences industry.
2.5 You are responsible for the use of the Services and the activity under your Account, and to ensure that such use and activities comply with all applicable laws and regulations, including but not limited to any industry-specific laws, regulations, codes, directions, guidelines and policies, such as, but not limited to those in the healthcare, medical and life sciences industry.
In addition, you shall ensure that your use of the Services do not:
reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of the Services;
sell, distribute or provide the Services to others separately or provide any content of the Services to others in the form of an application interface or create a service that is identical or similar to the Services based on the Services;
use, rent, lend, copy, modify, link, reprint, compile, publish, or create a mirror site for the content to which we own the intellectual property rights to other than as provided for in these Terms;
copy, modify, add, delete, mount or create any derivative works of the data released to any terminal memory during the operation of the Services or the software involved in the Services, the interactive data between the client and the server during the operation, and the system data necessary for the operation, including but not limited to the use of plug-ins, external tools or third-party tools/services not authorized us to access the software and related systems;
retrieve or index any content of the Services through any means or tools (such as web search/retrieval programs, crawlers, etc.), or collect user-related information without the authorization of the user or other right holders;
add, delete, or change the functions or operating results of the Services by modifying or forging instructions or data used in the operation of the Services, or operate or disseminate to the public the software or methods used for the above purposes, regardless of whether such actions are for commercial purposes;
log into or use the Services through any third-party software, plug-ins, external plugins, or systems not developed or authorized by Tencent, or create, publish, or disseminate the aforementioned tools, or use the Services in an abnormal or malicious manner; and/or
interfere with the Services and its components, modules, or data by yourself or authorize others or third-party software to do so.
2.6 You acknowledge and confirm that from the date of delivery of the Omics HPC cluster, all security risks related to the cluster, including but not limited to unauthorized access, data leakage, improper configuration, and password compromise, shall be solely borne by you.
2.6.1 While using the Omics HPC cluster, you shall additionally comply with the following provisions:
(1) You shall implement reasonable and necessary security measures to properly safeguard SSH key files and establish a comprehensive key usage and custody system. Should you fail to fulfill your custody obligations, misuse keys, or cause key leakage due to your unilateral fault, you shall bear all resulting direct losses, indirect losses, and third-party claims. Tencent shall not bear any joint, several, or supplementary liability.
(2) The login nodes of the Omics HPC cluster provided through the Service have password-based remote login and root user remote login disabled by default. This configuration is a necessary security measure for the cluster, and you must strictly comply with it. You shall not modify the aforementioned security configurations or enable any disabled functions, unless you have obtained our prior written consent. You acknowledge and agree that any unauthorized operations are performed entirely at your own risk, and that you shall assume all resulting security risks, legal liabilities, and any compensation obligations toward Tencent or any third party for losses or damages arising therefrom.
(3) You shall not use the Omics HPC cluster to engage in activities that violate laws, regulations, industry standards, or these Terms.
2.6.2 Following the delivery of the Omics HPC cluster, all operational and maintenance activities on the Omics HPC cluster will be performed by using Tencent Cloud Automation Tools, generating immutable audit logs. You acknowledge and agree that such logs will serve as evidence for the determination of liability.
2.7 Omics HPC Cluster Data and Security Responsibility Clause
(1) Security Protection Obligations and Liability Boundary
Tencent shall deploy reasonable and necessary security protection and enhancement functions on the login nodes of the Omics HPC Cluster that have external network access capabilities. Tencent does not guarantee that all security risks can be discovered and protected and shall not be held liable for any security incidents arising from force majeure, the evolution of cyberattack technologies, or causes not attributable to Tencent.
(2) Your Firewall Configuration and Risk Responsibility
You shall be solely responsible for the configuration, maintenance, and management of firewall policies related to the Cluster, including strictly limiting legitimate source IP address ranges and port permissions, and ensuring that such configurations comply with applicable cybersecurity requirements. Any security vulnerabilities, data breaches, or other risks and losses resulting from your improper firewall configuration, failure to timely update protection rules, or unauthorized opening of access permissions shall be borne solely by you, and Tencent shall not assume any joint or several liability.
(3) Security Incident Notification and Handling Responsibilities
In the event of a security incident involving the Omics HPC Cluster, you will be promptly notified through the agreed contact methods. Upon receipt of such notification, you shall immediately activate your emergency response mechanism and shall be fully responsible for the investigation, handling, remediation, and post-incident follow-up of the security incident, and shall bear all resulting legal liabilities, economic losses, and third-party claims. Tencent shall not be required to participate in the subsequent handling of such incident and shall bear no related consequences.
2.8 You are responsible for obtaining all registration, license or approval (if necessary) required under applicable laws and regulations for the conduct of your business and your business activities using the Services.
3. Customer Data
3.1 “Customer Data” refers to data hosted on the Tencent Cloud Services (such as, Tencent Cloud Object Storage COS), and processed in any way using the Services, and other application processes, computing scheduling records, task analysis logs and other data involved or generated in the course of using the Services.
3.2 You shall be responsible for backing up Customer Data. The Services do not provide any data backup function. We are not responsible for any losses caused by your failure to back up data, and any data loss.
3.3 You shall ensure that the data processed using the Services and uploaded by you or under your Account does not violate any applicable laws and regulations, medical and life sciences ethics and guidelines, social public order and good customs.
3.4 You may be able to modify, or otherwise process the data (application processes, computing scheduling records, task analysis logs, etc.) involved or generated during the operation of the Services, using the functions made available to you within the Services. Please exercise caution in the use of these functions in respect of your data, and back up your data appropriately according to your needs.
4. Suspension, Termination and Indemnification
Upon verification that you have breached any of these Terms, we shall be entitled to, unilaterally suspend or terminate the Services, in whole or in part, without prior notice to you and without incurring any liability for breach of contract. Nothing herein shall limit or prejudice our right to claim damages or exercise any other rights or remedies available under applicable law and the present Terms.
You will defend, indemnify and hold harmless us, our affiliates and each of our respective agents, licensors, employees, officers and directors from and against any third-party claim, allegation, suit or proceeding (the “Claims”) to the extent they arise out of or in relation to:
(a) your use of the Services, the activity under your Account in relation to the Services and/or your Customer Data, including without limitation, their alleged infringement or misappropriation of the Intellectual Property Rights of any third party and their alleged violation of any applicable laws and regulations; and
(b) your breach of these Terms.
5. Applicable Law and Dispute Resolution
All matters related to applicable law, jurisdiction, and dispute resolution of these Terms shall be governed by and interpreted in accordance with Clause 3 (Contracting Entity; Governing Law) of the Tencent Cloud Terms of Service. 6. Miscellaneous
We may update or modify these Terms from time to time, as we deem necessary, which shall be published herein. Your continued use of the Services shall constitute your acceptance to the updates and modifications. If you disagree to the updates or modifications, please cease to use the Services.