Terms of Service
Effective: May 25th 2018
Welcome to GRADEpro GDT, an easy to use, all-in-one web solution to summarize and present information for systematic review process support, guideline development and healthcare decision making (the “Service”).
These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with Evidence Prime Inc. (“Evidence Prime”, “us”, “we”, or “our”), owner and operator of the Service.
Your use of the Services constitutes your acceptance of the Terms of Services and creates a legally enforceable relationship between you and Evidence Prime. Your continued use of the Services constitutes your acceptance of the updated Terms of Service.
Some Basic Definitions
Affiliate means a legal entity that controls, is controlled by, or is under common control with Evidence Prime, where “control” means the ownership of more than fifty percent (50%) of the shares or voting rights of such entity, or the power to direct or cause the direction of the management and policies of an entity, whether through ownership, contract, or otherwise. You acknowledge that we may utilize one or more of our Affiliates, as appropriate, to fulfill our obligations under these Terms.
Data means all data, documents or information submitted by you to the Service.
Institution means a corporate organization, educational institution, governmental department, or agent of any of the organization’s purchasing licenses for individuals within those organizations.
Enterprise-User means an individual authorized to access the Service by their Institution through an Enterprise Licence.
Enterprise Licence means a licence to access the Service purchased by an Institution. Institutions may purchase an Enterprise Licence for a group of users to access the Service. The Enterprise Licence is tailored to fit Institutional needs in scope of group management, functionalities, payment processing, scalability of service and additional level of support. Institutions may purchase an Enterprise Licence by contacting: email@example.com.
Academic-User means a specific set of end-users who may use the Service free of charge, namely, (a) students for their academic projects, (b) teachers for teaching purposes, (c) Individual Researchers, (d) Cochrane authors using GRADEpro to create summary of finding tables for Cochrane reviews, and (e) participants of guideline development workshops for the purpose of participation in the course. Academic-Users may access the Service free of charge by creating a GRADEpro Account at gradepro.org. Academic-Users are required to cite GRADEpro (how to cite) in the publications that were created with help of the Service. Academic-Users are required to purchase a Standard-User Licence as soon as their use of the Service goes beyond the Academic-User licence restrictions.
Individual Researcher means an individual, working (a) within his/her academic field of research, and (b) on publicly funded peer-reviewed grant or researcher-initiated studies that received no dedicated funding.For clarity, Individual Researcher does not include end-users working on third-party funded or external contracts.
Standard-User means an individual who has purchased a subscription to access the Service. For example, a researcher working on a project based on a third-party funded or external contract whose Institution has not purchased an Enterprise Licence, may purchase a Standard licence.
Standard Licence means a licence to access the Service by a Single-User. Single-Users may purchase a subscription to access the Service by visiting https://gradepro.org
Accessing the Service
Subject to these Terms of Service, you are granted a non-transferable, non-exclusive right to access and use the Service, for purposes which the Services are designed to perform. You may access the Services solely for your benefit, and in accordance with these Terms of Service and any other applicable agreement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
You understand and acknowledge that it is your responsibility to obtain all hardware, software and other equipment and any telecommunication services required to access the Service, and that we are not responsible for any charges that you may incur to access the Service. It is your responsibility to take measures to protect against viruses, bots or other destructive elements, such as through the use of industry-standard virus scanning tools. You agree that we are not responsible or liable to you in any way for any loss or damage incurred by you in connection with your use of the Services.
You need a valid GRADEpro Account before you can access the Service. You must be over the age of majority in your jurisdiction to access the Service.
An Enterprise-User may gain access to the Service pursuant to the instructions of their Institution, which may include the creation of a GRADEpro Account on behalf of the Enterprise-User, or using the Enterprise-User’s Institution email address.
Standard-Users may gain access to the Service by purchasing a Standard-User Licence and creating a GRADEpro Account.
Academic-Users may gain access to the Service by creating a GRADEpro Account and registering as an Academic-User.
You agree to provide complete and accurate information during the creation of your GRADEpro Account, and agree to keep your user information up to date. You may not create spoof or alter ego accounts to access the Service. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Each GRADEpro Account is intended to apply to one userYou agree to keep your username and password information confidential. You are responsible for all activity in respect of your GRADEpro Account. Please contact firstname.lastname@example.org immediately if you suspect any unauthorized use of your GRADEpro Account.
We reserve the right, but do not have an obligation, to review your GRADEpro Account to verify your information. We reserve the right to terminate or suspend your GRADEpro Account, or deny your GRADEpro Account application, at any time, without notice to you, for any reason. You will continue to be bound by these Terms of Service for the period that you use the Service.
Termination of GRADEpro Account
An Institution-User GRADEpro Account is subject to termination terms of the applicable Enterprise Licence. Please refer to your Institution’s Enterprise Licence administrator for more details. An Enterprise-User may be able to electronically retrieve their Data and import into a Standard-User account by contacting us at email@example.com.
A Standard-User may terminate their GRADEpro Account at any time, effective to the end of the then current billing-cycle. For example, if you elect to terminate your GRADEpro Account mid-month, you will retain access to the end of the month.
An Academic-User may terminate their GRADEpro Account at any time, effective immediately. An Academic-User may be asked to periodically confirm their status as an Academic-User, and will be asked to upgrade to a Standard-User account in the event of a status change.
Upon termination of any GRADEpro Account, we will make reasonable efforts to make your Data available to you for electronic retrieval for a limited period of time, after which we may, and shall if directed by you to do so, delete your stored Data.
Personal Information, Privacy and Security
Evidence Prime uses a third party service provider to process payments, which has been certified to PCI Service Provider Level 1, the most stringent level of certification available in the payments industry. To accomplish this, the third party service provider makes use of best-in-class security tools and practices to maintain a high level of security.
Intellectual Property, Your Data, and Licences to Use
Our Content and License to You
The Service and all its contents – excluding the Data submitted by the users – including but not limited to text, images, graphics or code are the property of Evidence Prime Inc. or other respective owners and are protected by copyright, trademarks, database and other intellectual property rights. These Terms do not grant you a license to use any trademark of Evidence Prime Inc. or its affiliates.
You are hereby granted a non-exclusive, limited, non-transferable licence to use, access and view the Content for the purpose of using the Service. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. All rights are otherwise reserved. No other uses of the Content is permitted, unless otherwise permitted by law. You may not modify, publish, distribute, transmit, link, deep link, or create derivative works, without our express permission or that of the copyright owner. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Your Data, License to Us, and Disclaimers
The Service allows you to post, link, store, share and otherwise make available certain information, text or other material (“Data”).
You are responsible for the Data that you post to the Service, including its legality, reliability, and appropriateness. You represent and warrant that: (i) the Data is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Data on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Subject to the limited rights granted to us pursuant to these Terms, we acquire no right, title or interest in and to the Data including any intellectual property rights therein.
When you make your Data available to the Service, we need you to grant us a copyright licence to the Data, solely so that we can make your Data available to you through the Service, such as for the purpose of viewing, displaying, publishing on your screen, and communication over the Internet. Accordingly, you hereby grant us a perpetual, royalty-free, irrevocable, worldwide, non-exclusive licence (but not the obligation) to display, retain, archive, use, store, produce, reproduce, perform in public, broadcast and communicate to the public by telecommunication, the Data, in any material form, in whole or in part, solely for the purpose of operating the Service and in compliance with any of our legal obligations, and the right to sub-license such rights to any user of the Service that you opt to share the Data with. For clarity, we do not have the right to publish or make publically available any Data you make available to the Service.
You further grant us the right to analyse the Data you submit and use the results of that analysis for the benefit of other users, including: (a) suggesting the most widely used terms related to a particular outcome, (b) suggesting typical PICO components, based on usage of the tool by our users, or (c) publishing reports on how many and what types of projects were developed by the users monthly.
In case you decide to publish your Data, you grant us the right and license to publicly display, reproduce, and distribute such Data on and through the Service. Additionally, if an Academic-User fails to fulfil the obligation to provide a citation of the tool in a publication, we reserve the right to publicly link to such work.
We hereby disclaim any liability in any Data you make available to the site, including any objectionable content. You shall have sole responsibility for the accuracy, integrity, and reliability of your Data, and we shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. You acknowledge that, by providing you with the ability to view and distribute user-generated Data on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Data or activities on the Service.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Data posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” to firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Data is infringing your copyright.
If you provide us with reports of defects in the Service or propose or suggests any changes, modifications, features or enhancements, we shall have the right to use and exploit such requests including, without limitation, the incorporation of such requests into our software products and/or services, including, without limitation, the Service, without any obligation to you. We shall exclusively own all such additional features and enhancement(s) and all intellectual property and proprietary rights therein throughout the world.
User Conduct and Restrictions
You agree that you may not:
- sell, resell, license, transfer, assign, rent, distribute, display, host, lease or otherwise make the Service available to a third party;
- perform any Services on behalf of a third party, unless as a Single-User or an Institution-User;
- use the Service to store or transmit infringing, libelous, spam, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
- use the Services to store or transmit malicious code, including but not limited to viruses, worms, time bombs, and any other harmful files, scripts or programs;
- interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; or
- attempt to gain unauthorized access to the Services or their related systems or networks.
You are prohibited from and shall not (and shall not authorize any third party to:
- modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service except to the extent that enforcement of the foregoing restriction is prohibited by applicable law;
- circumvent any user limits or other timing, use or functionality restrictions built into the Service;
- remove any proprietary notices, labels, or marks from the Services;
- frame or mirror any content forming part of the Services;
- access the Service in order to (I) build a competitive product or service, or (II) copy any ideas, features, functions or graphics of the Services; or
- use the Service in such a manner as to cause undue strain or stress on the Service network through excessive API calls or other non-standard uses.
You understand and agree that we may monitor your compliance with the terms of this agreement. Should we determine that you are not in compliance with this agreement, we reserve the right to suspend your GRADEpro Account, in addition to any other remedies available to us. We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
Third-party Content, Links To other Websites
The Service may contain links to third-party web sites or services that are not owned or controlled by Evidence Prime Inc. Evidence Prime Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Evidence Prime Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. Your use or reliance on third-party content is solely at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Disclaimer and No Warranty
Evidence Prime Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. We do not make and hereby expressly disclaim to the maximum extent permissible by applicable laws, all representations, warranties, terms, conditions, and endorsements, of any kind whatsoever, whether express or implied, statutory or otherwise, including implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy, completeness, suitability, reliability, satisfactory quality, loss of data, virus-free, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade, and any obligation, liability, right, claim or remedy in tort or breach of contract including negligence, in respect of the Service.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Evidence Prime Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week subject to (i) any unavailability caused by circumstances beyond our control, including any force majeure events, and any computer, communications, Internet service or hosting facility failures or delays involving hardware, software, power or other system outages not in our reasonable control and denial of service attacks; (ii) any interruptions or temporary limitations due to maintenance, repair, modifications, upgrades or relocation.
You acknowledge and agree that there are hazards inherent in Internet communications, and that we shall not be liable for any delays, omissions, inaccuracy or data loss through your communications and use of the Service. The Service may be unavailable for any reason from time to time, including without limitation maintenance and disruptions. We cannot guarantee 100% availability of the Service. You acknowledge that your access to the Service may be interrupted from time to time.
Indemnification, Limitation of Liability, and Non-Waiver of Rights
You agree to indemnify, defend and hold harmless Evidence Prime Inc., its principals, officers, directors, representatives, employees, contractors, shareholders, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Evidence Prime Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding the foregoing, in no event will our aggregate liability to you exceed the lesser of (1) the amount paid to us by you for your use of the Service in the three (3) months immediately preceding the event giving rise to such claim, or (2) $150 CDN.
If you breach any of these Terms and Evidence Prime Inc. chooses not to immediately act, or chooses not to act at all, Evidence Prime Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Evidence Prime Inc. does not waive any of its rights. Evidence Prime Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Upon termination by us, deletion of your account and all related Data can be done by contacting support at email@example.com.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.