Terms of Service
These Terms of Service (“Terms”) govern your use of Liragen Insights and this website (the “Service”), provided by Liragen. By creating an account or using the Service, you agree to these Terms.
The Service
Liragen Insights is a software platform for RNA-seq differential-expression analysis and interactive reporting. We may update, add, or remove features over time.
Accounts & eligibility
You must provide accurate information and keep your credentials secure. You are responsible for activity under your account. You must be legally able to enter into these Terms.
Your data and content
You retain ownership of the data you upload and the results generated from it. You grant us a limited license to process your data solely to provide the Service. You represent that you have the rights and any necessary consents to upload and analyze the data you submit.
De-identified data only. The Service is intended for de-identified research data. You agree not to upload data that directly identifies an individual, or that is subject to special handling obligations such as protected health information under HIPAA, and you represent that any human subject data you submit has been de-identified and carries the ethics or IRB approvals and participant consents your institution and applicable law require. We do not act as a HIPAA business associate and will not enter a business associate agreement. If identifiable data is uploaded in error, tell us and we will help you remove it.
Data processing
We handle two kinds of data, and they are treated differently.
Research data you upload is de-identified under the section above. Because it does not identify anyone, we are not processing personal data on your behalf when we analyze it, and no separate data processing agreement is required for it.
Account information — your name, email, and organization — is personal data, and these Terms are our data processing commitments for it. We process it only to provide and support the Service; we keep it confidential and limit access to staff who need it; we apply the safeguards described on our Security page; we do not sell it or disclose it beyond the cases listed in our Privacy Policy; we will tell you without undue delay if we become aware of a security incident affecting it; and we delete it on termination in line with the retention policy in that Policy.
This section is our data processing agreement. We do not separately negotiate one. If your institution has specific compliance requirements, contact us and we will tell you what we can and cannot meet.
Acceptable use
- Don’t use the Service unlawfully or to infringe others’ rights.
- Don’t upload data you’re not authorized to process.
- Don’t upload identifiable human subject data or protected health information.
- Don’t attempt to breach security, reverse-engineer, or disrupt the Service.
- Don’t resell or provide the Service to third parties except under a written channel/white-label agreement.
Research use only
The Service is provided for research use only. It is not a medical device and is not intended for clinical, diagnostic, or treatment decisions. Do not rely on outputs for patient care.
Fees & payment
The Service is charged per sample, at the rates set out in your order. Fees are due as set out in your order and are exclusive of taxes unless stated; you are responsible for any taxes that apply. Fees are non-refundable except where required by law. If we materially reduce the Service during a period you have paid for, contact us and we will work out a fair remedy.
If you reached the Service through a partner or under another brand, this section does not apply to you. You pay that organization under your agreement with them, on their terms, and billing questions go to them — not to us.
Intellectual property
We own the Service, software, and all related IP, excluding your data and content. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service.
Confidentiality
Each party will protect the other’s non-public information disclosed in connection with the Service.
Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, to the maximum extent permitted by law. We do not warrant that results are error-free or fit for a particular purpose.
Limitation of liability
To the maximum extent permitted by law, Liragen will not be liable for indirect, incidental, special, or consequential damages, or for lost profits or data. Our total liability arising out of or relating to the Service will not exceed the greater of the fees you paid us in the twelve months before the claim, or US$5,000. These limits do not apply to your indemnification obligations or to either party’s breach of confidentiality.
Indemnification
You agree to indemnify Liragen against claims arising from your data, your use of the Service, or your breach of these Terms.
Term & termination
You may stop using the Service at any time. We may suspend or terminate access for breach or as required by law. On termination you may request export or deletion of your data; if you do not, we will remove it in line with the retention policy described in our Privacy Policy.
Governing law
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws rules. The state and federal courts located in Lee County, Florida have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and both parties consent to venue there.
Changes to these Terms
We may update these Terms; we’ll post the updated version here and revise the “Last updated” date. Continued use means you accept the changes.
Contact
Questions about these Terms? Email contactus@liragen.com.