Datoma

Terms and Conditions

These Terms and Conditions of Use (hereinafter, the "Terms of Use") set forth the conditions under which users are offered access to and use of the Datoma platform (hereinafter, the "Site"), which is a platform that allows users to process and analyze raw data generated by the main analytical techniques in the field of metabolomics, i.e. LC-MS/MS, GC-MS and MS Imaging among other possible (hereinafter "functionalities").

1. Acceptance of these Terms and Conditions of Use

The use of the Site confers the status of user of the Site (hereinafter the "User") and implies full and unreserved acceptance of these terms and conditions included in the Terms of Use reflected to the User at the time they wish to access/use the Site. If the User does not agree with all or part of these Terms of Use, the User must refrain from installing and using the Site. Likewise, in no case will the use of the Site be available without the acceptance of these Terms of Use.

By accepting these Terms of Use, the User declares:

They have read, understood and comprehended the foregoing.
They assume all the obligations set forth herein.
They are of legal age and have sufficient legal capacity to use the Site.

Their acceptance by the Users will be a prior and indispensable step to the use of the Site. The owner of the Site reserves the right to unilaterally modify, as well as to include new ones, at any time and without prior notice, the clauses of the Terms of Use, as well as the configuration and, in general, any other content or service of the Site, which, once in force, must be accepted by the User in order to continue using the Site. As a result of the modification, the owner of the Site assumes no liability for any consequences arising from the modification of these clauses. The use of the Site and/or the simple access to it, shall imply the acceptance of any modification introduced. Therefore, Datoma recommends to consult periodically the present document, as well as its subsequent updates. Likewise, the use of the Site is subject to all legal notices, regulations of use or instructions made known to the user through the present Site and which replace, complete and/or modify the present Terms of Use.

2. Registration requirement

In order to use the Site, the User must first register and accept these Terms of Use and the Privacy Policy.

When the User is registered, each time they want to access the Site, in order to guarantee security and confidentiality, it will be necessary the previous identification and authentication of the User, by means of the request of access codes.

The data entered by the User must be accurate, current and truthful. The registered User shall be responsible at all times for the custody of their password, assuming consequently, any damages that could derive from its improper use, as well as from the transfer, disclosure or loss of it, having to inform Datoma immediately in case they have reasons to believe that their password has been used in an unauthorized way or is susceptible to be used in an unauthorized way.

In any case, access to restricted areas and/or use of the Site made under the password of a registered User shall be deemed to have been made by such User, who shall be liable in any case for such access and use.

By accepting the Terms of Use, the User is informed that his/her data will be treated by Datoma according to the provisions of the Privacy Policy.

The User may register to use the Site in two ways:

User-Developer: shall be the one who uses Datoma's Site to create and publish new works from the set of different source codes they use.
User-Consultant: shall be the one who uses Datoma's Site in order to consult and benefit from those creations already published by the User-Developer.

3. Rules for using the Site

The User undertakes to use the Site in accordance with the law, morality, public order and the present Terms of Use. Likewise, they are obliged to make an appropriate use of the Site and not to use it for illicit, harmful or criminal purposes, that attempt against third parties' rights, Datoma's rights or infringe any rule of the legal system. Unless otherwise stipulated, the use of the Site shall be free of charge, notwithstanding the cost of connection through the corresponding telecommunication network for the User to have access.

During the use of the Site, the User agrees not to carry out any conduct that could damage the image, interests and/or rights of Datoma and/or third parties or that could damage, render useless or overload the Site, or that could prevent in any way, the normal use of the Site, computer equipment or documents, files and all kind of contents stored in any Datoma computer equipment of other users or any other Internet user (hardware and software).

The User undertakes not to transmit, introduce, disseminate and make available to third parties any type of material and information (products, objects, data, content, messages, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these Terms of Use. By way of example and in no way limiting or excluding, the User undertakes to:

Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violate human rights.
Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms constitutionally recognised and in international treaties.
Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
Not to introduce or disseminate any false, misleading, ambiguous or inaccurate information and content in a way that misleads or is likely to mislead the recipients of the information.
Not to impersonate other Site Users or transmit the account access data or password to a third party without Datoma's consent.
Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation.
Not to disseminate, transmit or make available to third parties photographs or any representation or image of minors.
Not to introduce or disseminate content that may involve an infringement of intellectual or industrial property rights of third parties.

The User undertakes to hold Datoma harmless against any possible claim, fine, penalty or sanction that Datoma may be obliged to bear as a consequence of the User's breach of any of the above mentioned rules of use, and Datoma reserves the right to request the corresponding compensation for damages and prejudices.

Regarding the particular rules governing the use of the Site by the User-Developer, they undertake to register all source codes used in their creations, prior to the publication in Datoma of their final work, so that Datoma may verify that the source codes used do not infringe the intellectual and industrial property rights of third parties.

The verification process will take place as follows:

The User-Developer must enter all source codes used for their own work.
Datoma shall verify that either the source codes used by the User-Developer are open source codes; or that the User-Developer has entered into the relevant license agreements with respect to such source codes. In addition, the User shall initially be responsible for verifying that the Source Code is compatible with a license or open source codes.
Once the origin of the source codes has been verified, Datoma shall authorize the publication of the works so that the User-Consultant can take advantage of it.
In case the origin of the source codes is not verified, or its verification implies the possible infringement of intellectual and/or industrial property rights, the publication of the work will be blocked for the necessary time.

At this point, Datoma reserves the right not to publish those works where there is a risk of infringement of intellectual and industrial property rights.

In addition, the use of a source code from a third party, without having the corresponding rights for its use, will be considered as an act of software piracy that infringes the intellectual and industrial property laws.

The User is aware and voluntarily and expressly accepts that the use of the Site is in any case under his sole and exclusive responsibility.

In any case, the User-Developer undertakes to indemnify Datoma against any possible claim, fine, penalty or sanction that Datoma may be obliged to bear as a consequence of the infringement of intellectual and industrial property rights of third parties due to the use by the User-Developer of source codes for which they do not have the appropriate intellectual and industrial property rights.

4. Intellectual and industrial property

The industrial and intellectual property rights over the works, protected services and any content or elements with intellectual and industrial property rights used on the Site (the "Site Content") belong to their legitimate owners. By using the Site, the User does not acquire any intellectual or industrial property rights or any license to use such elements.

The Site Contents are the texts, photographs, graphics, trademarks, software files, images, icons, technology, software, databases, and other audiovisual or sound contents, as well as their graphic design and source codes used in the Site. This list is for illustrative and exemplary purposes only and is not limited to.

Therefore, all industrial and intellectual property rights, as well as all the information contained in the Site (images, trademarks, graphic designs, source code, design, navigation structure, databases, and any other content contained therein) are exclusive property of Datoma or, if applicable, are duly licensed by the owner.

In the context described, the User is only authorized to view and obtain a temporary private copy of the contents for their exclusive personal and private use in their computer systems (software and hardware) and not be subsequently transferred to third parties. With the previous exceptions, the User is expressly forbidden to reproduce, transform, distribute, publicly communicate, make available, extract, reuse, resend or use of any nature, by any means or procedure, any of them, except in the cases legally allowed or expressly authorized in written form by Datoma and/or the holder of the corresponding rights. By way of example, but not limited to:

The User is not authorized to use the information contained in the Site for the purpose of developing activities of a commercial or professional nature (direct sales or any other type of commercial purpose, as well as to market such information in any way).
The user is not authorized to suppress, elude, manipulate the copyright and other identifying data of Datoma's rights, as well as any protection mechanisms.
The User is not authorized to disassemble, decompile or invert the databases in which the Site's information is stored.

The non-authorized use of the information contained in this Site, its resale, as well as the damage of Datoma's industrial and intellectual property rights, will give rise to the legally established responsibilities.

The text, images, graphics, sound files, animation files, video files, software and Datoma's website appearance are protected by intellectual and industrial property rights. In particular, the creations, works, developments created through the use of the Site shall be Datoma's property. These elements may not be validly and legitimately copied or distributed for commercial use, nor may they be modified or inserted in other websites without Datoma's prior express authorization.

The names of other products, services and companies appearing in this document or in the Site may be trademarks or other distinctive signs registered by their respective and legitimate owners, without being understood that the access or use of the Site attributes to the user any right over the mentioned trademarks and other registered distinctive signs. Likewise, all the information and contents of the Site are protected by copyright and the intellectual property of the same belongs to Datoma or, in its case, its use and exploitation has been duly authorized by the owner, and none of the exploitation rights related to the same, beyond what is strictly necessary for the correct use of the Site, can be understood as assigned to the User.

Datoma does not represent or have any business relationship with the brands that Users may advertise on the Site.

Datoma shall not assume any guarantee in case a User has used a third party's code, which infringes intellectual property rights. Datoma shall be liable for the corresponding act of piracy for the breach of such condition.

The User declares that any industrial and intellectual property rights over the works, developments, creations carried out as Users-Developers under the use of the Site, shall be owned by Datoma. Consequently, the User grants Datoma, free of charge and exclusively, the rights of public communication, reproduction, distribution and transformation of the Contents, in all the exploitation modalities existing at the date of acceptance of these Terms of Use, for the whole period of validity of the rights object of assignment, for the universal territorial scope.

Any questions related to the above can be sent to the User Service Site through the following e-mail address: contact@datoma.cloud

5. Withdrawal and Suspension

Users are free to stop using the services of the Site at any time, and may unsubscribe at the following link. Likewise, Datoma reserves the right to prevent the provision of the service offered through the Site, at any time and without prior notice, either temporarily or definitively, to any User who infringes any of the rules established in these Terms of Use, the law or morality.

At its discretion, Datoma may also exclude Users and even stop providing totally or partially, at any time and without prior notice, the service offered through the Site when considered appropriate to improve the operation of the Site and/or the rest of the users.

If you as a User believe that Datoma has suspended or terminated your account in error, you may contact the support team at the following address: contact@datoma.cloud.

6. Duration and Termination

The existence of the Site, as well as the provision of the services offered in it, has, in principle, an indefinite duration. Nevertheless, Datoma is entitled to terminate or suspend the provision of the referred services and to cancel the Site at any time, without prejudice to the provisions of the corresponding Particular Conditions. When it is reasonably possible, Datoma shall previously warn the users about the termination or suspension of the Site, as well as, in its case, of the services offered in it.

7. Exclusion and limitation of liability

Datoma is not the owner of any information, text, images, opinions, which Users may introduce in Datoma, therefore, Datoma shall not be responsible, neither directly or indirectly, nor subsidiarily, for damages of any nature derived from the use and contracting of the contents and activities of Users and/or third parties through the Site, as well as for the lack of legality, reliability, usefulness, truthfulness, accuracy, exhaustiveness and actuality of the same. Datoma reserves the right to interrupt the access to the Site, as well as the provision of any or all the contents and/or services offered through the same at any time and without prior notice, either for technical, security, control, maintenance or any other reason.

Consequently, Datoma does not guarantee the reliability, availability or continuity of the Site or the contents offered therein, therefore, the access to the Site and its contents by the User is at their own risk.

Datoma shall not be liable for temporary service interruptions, delays, errors, malfunctions and, in general, other inconveniences originated by causes beyond Datoma's control, and/or due to willful or negligent actions of the user and/or caused by force majeure.

Datoma does not assume any responsibility for the use made by the user of the Site's content which could imply a violation of any kind of national or international regulation, of intellectual or industrial property rights or any other third party right.

Both the access to the Site and the use of the information contained therein is the sole responsibility of the user. Datoma shall not be liable for any consequence, damage or harm that could derive from such access or use of the information.

Datoma strives to provide you with accurate and up-to-date information. However, it is important to note that we are not responsible for information that comes from external sources, which you can access through our website. As for external sources, in no case will they be considered as distribution or recommendations.

The User-Developer shall be liable for damages resulting from the insertion of a source code on the Site that does not have a license or that is based on an open source code.

Datoma, to the full extent permitted by law, excludes any liability for damages of any kind that may be due to the presence of viruses or other elements in the contents of the Site, which may cause alterations in the computer system, electronic documents and/or user files.

In this sense, Datoma is excluded, to the full extent permitted by law, from any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Site, to failures in access to the different pages of the Site or those from which the services are provided.

Datoma is not responsible for the possible security errors that may occur or for the possible damages that may be caused to the User's computer system (software and hardware), files or documents stored in it, as a consequence of a malfunctioning of the browser or the use of non-updated versions of the same.

Datoma is not responsible for any damage or harm derived from the use of the contents of the Site.

By way of example, and in no case limited to, Datoma shall not be liable for damages of any nature arising from:

The use made by Users of the Site or the status, origin, possible inaccuracy, or possible falsity of the data provided by Users or third party products offered through the Site.
The contents, information, opinions and statements of any User or third parties or entities that are communicated or displayed through the Site.
The use that Users may make of the materials of the Site, whether prohibited or permitted, in violation of intellectual and/or industrial property rights, confidential information, of the contents of the Site or of third parties.
The performance of acts of unfair competition and unlawful advertising.
The possible loss of Users' data due to causes not attributable to the Site.
Access by minors to the contents included in the Site.
The unavailability, errors, access failures and lack of continuity of the Site.
Failures or incidents that may occur in communications, deletion or incomplete transmissions.
Non-operability or problems with the email address provided by the User.

Datoma shall be solely and exclusively liable to the User for the Site provided by Datoma itself and for the contents directly originated and identified with its copyright, being limited, at most, to the amount of the amounts directly received from the User by Datoma, excluding in any case liability for indirect damages.

Any claim or controversy that may arise among the Users of the Site shall be solved between them, and Datoma shall be obliged to keep Datoma completely undamaged, notwithstanding which Datoma shall make its best efforts to provide Users with a prompt and satisfactory solution through its Customer Service through the following e-mail address: contact@datoma.cloud

8. Content and services linked through the Site

The Site may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter "Linked Sites").

The User acknowledges and accepts that the access to the Linked Sites shall be under their exclusive risk and responsibility and exonerates Datoma from any responsibility regarding eventual infringements of intellectual or industrial property rights of the owners of the Linked Sites. Likewise, the User exonerates Datoma from any responsibility on the technical availability of the Linked Sites, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents the User may access.

In these cases, Datoma will only be responsible for the contents and services provided in the Linked Sites to the extent Datoma has effective knowledge of the unlawfulness and has not deactivated the link with due diligence.

In case the User considers that there is a Linked Site with illicit or inadequate contents, they can inform Datoma about it, but in any case this communication does not entail the obligation to remove the corresponding link.

In particular, Datoma is not responsible neither for the contents nor for the state of the links contained in this Site which may lead the user to other sites and web pages managed by third parties. Datoma is not responsible neither for the contents nor for the state of such sites and web pages. Access to them through this Site does not imply that Datoma recommends or approves their contents.

In no case, the existence of Linked Sites shall presuppose the formalization of agreements with the responsible or owners thereof, nor the recommendation, promotion or identification of Datoma with the statements, contents or services provided. Datoma does not know the contents and services of the linked sites and, therefore, is not responsible, directly or indirectly, for the damages caused by the unlawfulness, quality, lack of updating, unavailability, error and uselessness of the contents and/or services of the linked sites, or for any other damage not directly attributable to Datoma.

9. Modification, nullity and ineffectiveness of clauses

The use of the Site is subject to all legal notices, regulations of use or instructions made known to the user through this Site and which replace, complete and/or modify the Terms of Use. Datoma reserves the right to make at any time any unilateral modification or update of the Terms of Use without prior notice.

Datoma will notify the User of any material changes to the Terms or to any service or other features of the Sites. If the User continues to access or use the Site after notice of the change has been given, it shall be deemed accepted.

If any clause included in these Terms of Use is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these Terms of Use shall survive in all other respects, and such provision shall be considered totally or partially as not included.

10. Notifications

All notifications and communications from the User to Datoma shall be considered effective, for all purposes, when addressed to the following e-mail address: contact@datoma.cloud. Likewise, all notifications made by Datoma to the User shall be considered validly carried out if they have been made using the data and through the aforementioned means. To these effects, the User declares and guarantees that all the data provided by them are true and correct and that they shall keep them duly updated.

The present Site has been elaborated at all times according to the principles of good faith by Datoma. Nevertheless, in case any third party considers that its intellectual and/or industrial property rights have been infringed, it shall be able to notify it by means of a communication addressed to Datoma's e-mail address indicated above.

11. Protection of personal data

The processing of personal data shall be governed by the provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 (hereinafter "GDPR").

For the purposes of the foregoing, the User may at any time exercise the rights provided for in Articles 15-22 GDPR, at the following address: datos@ciberisciii.es

The processing of personal data of Users for the use of the Site is detailed in the Privacy Policy of the Platform.

12. Cookies Policy

On this Web Site we use cookies as data storage files. See our Cookie Policy for more information .

13. Applicable law and competent jurisdiction

Any litigious matter related to the use of this Site shall be subject to Spanish law, and the Courts and Tribunals of the city of Barcelona shall be competent to resolve any questions that may arise or actions that may be brought as a result of the provision of the services and/or contents of the Site, as well as the interpretation, application, compliance and/or non-compliance with the provisions herein, unless a different jurisdiction is established by law.

Datoma's Terms of Use are current as of June 4, 2024.