Terms of service

Last updated: July 5th, 2021

Thanks for using GenomeDK!

We provide computational power, storage, and software to manage projects as a high-performance computing (HPC) facility to people associated with a university or small and medium-sized enterprises (SMEs). GenomeDK is managed by Aarhus Genome Data Center at Aarhus University, Denmark.

These terms of service (“Terms”) cover your use and access to our services (“Services”). By accessing and using the Services, you accept and agree to be bound by the Terms of this agreement. If you do not agree to abide by the above, please do not use the Services.

Your data

When you use our Services, you provide us with data (“Your Data”). Your Data is yours. These Terms don’t give us any rights to Your Data except for the limited rights that enable us to offer the Services.

You give us permission to do things like hosting Your Data, backing it up, and sharing it when you ask us to (through projects). We may access, copy, or move your data internally as part of general maintenance of the Services. You give us permission to do so.

You should know that we are under obligation to maintain confidentiality.

Your responsibilities

Your use of our Services must comply with our Acceptable Use Policy (below).

You must ensure that you comply with any legal, contractual, organizational, or locally decided policies and rules such as GDPR. You must perform a risk assessment based on the criticality of Your Data and to use the necessary precautions such as encryption or a closed zone.

You must also make sure that you obtain a Data Processing Agreement with us if you are legally obliged to do so. You must do so before transferring the sensitive data to our Services. If you obtain a Data Processing Agreement with us, these terms of service will act as the main agreement, unless another agreement has been made.

You must also ensure that you have proper licenses for any software that you run on GenomeDK.

Help us keep Your Data protected. Safeguard passwords and keys to the Services and inform us if you change your e-mail address. Choose strong passwords. Never share your account credentials or give others access to your account. You may use our Services only as permitted by applicable law.

Other services

We provide the following services to assist users identify potential data leaks:

  • Analysis of log files to determine potential users that may have been compromised or have leaked one or more files specified by you.
  • Deletion of one or more files/folders specified by you.
  • Restore access to files/folders owned by you, if possible.
  • Restore files/folders from backup specified by you, if possible.

We may charge for these services to cover the costs incurred.

Acceptable use

You agree not to misuse the Services or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been authorized to access,
  • breach or otherwise circumvent any security or authentication measures,
  • probe, scan, or test the vulnerability of any system or network,
  • circumvent any quotas to you, your projects, or projects you have been given access to,
  • sell the Services.

We reserve the right to, without warning, terminate any processes or jobs on frontend and compute nodes that cause harm or inconvenience to us or other users of GenomeDK.

Payment

Billing. Costs are associated with project folders. The owner of a project folder is responsible for the costs associated with the project.

If the project owner is associated with either:

  • Faculty of Health, Aarhus University,
  • Faculty of Natural Sciences, Aarhus University,
  • Central Region Denmark (Region Midt),

then the usage is paid internally, and the project owner will not receive a bill directly from GenomeDK.

Otherwise, the project owner will be charged once per year, in January, based on actual usage in the previous year.

Payment methods. The project owner will be sent an invoice with information on how to pay.

Late payment. The charges may accrue late interest @ 2% of the outstanding balance per week, or the maximum rate permitted by the law, whichever is lower.

No Refunds. You may contact us to have your account terminated at any time, but no refunds are issued.

Changes. We update the prices on a yearly basis and the new prices will be announced on our website.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services without notice if (1) you’re in breach of these Terms, (2) your use of the Services would cause a real risk of harm or loss to us or other users, or (3) if your account has been inactive for 12 consecutive months. Any loss of data due to termination or your account is your responsibility.

Discontinuation of services

We may decide to discontinue the Services in response to unforeseen circumstances beyond GenomeDK’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Data from our systems.

Services “as-is”

We strive to provide great Services, but there are certain things that we can’t guarantee. Therefore, the Services provided are “best effort” and “as is”.

Limitation of liability

Mutual Limitation of Liability. Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.

Limitation on GenomeDK’s Liability. GenomeDK will not be liable for any damages that result from any downtime or failure of performance of the Services, or you otherwise not being able to use or access the Services.

Dispute resolution

These Terms shall be governed by, construed, and enforced solely and exclusively by Danish law except for any rules governing the choice of law and venue.

All disputes arising out of or in connection with these Terms shall be finally settled by arbitration administrated by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The seat of the Arbitration shall be Aarhus, Denmark, and the language shall be Danish.

Notification of changes

We reserve the right to change the Terms from time to time as it sees fit and your continued use of the Services will signify your acceptance of any adjustment to these terms. If you don’t agree to the changes we make, please cancel your account before they become effective.