Terms of Use (for Beta Testers)
We are excited that you are willing to help us develop our technology. appreciate your feedback. We want to make clear that this is an unstable release. We are in constant development of the software and it may not work at all times. Servers may be slow as we understand and scale to demand.
Due to the BETA status of the software and with the expectation of user feedback, we are offering free and discounted use to a limited number of BETA partners. The software and its products are currently only being offered for educational and research purposes.
Researchers hyphae retains the rights to all the data. In the future, it is intended to be able to purchase and own the data outputs and share them publicly or retain joint rights with hyphae.
Data Processing
Processing will require users to wait for staff to approve server workloads. Projects will then be provisioned to our servers. Depending on the area, some projects may take days or even weeks to process, which can cost hundreds or thousands of dollars in server time alone. For this trial, we're also limiting the total area people can request to sample. If people are willing to pay, we can partition servers specifically for your work and do any area)
Non Disclosure
We look forward to your critical feedback of our work. At this time, we would like for that feedback to only go to hyphae. We are giving you very early access to novel work we are developing. Some elements of our technology may either be in process of being published and/or patented. All information should be considered private and confidential. By agreeing to be an BETA partner, you agree to not disclose the intent or workings of our product, nor underlying code or scientific basic. You also agree not to publish the work. (If you are a journalist, will will give you early privileges in reviewing the work, when we are at a time to do so.)
User Data
We are sensitive about personal information and commit to being transparent with users. Beyond your email and phone number the data you enter into the website, we are not currently using your IP address to access other information about you. For software development purposes, we do ask you for permission to track bug reports and user experience data such as time and location spent on pages.
Security
We utilize Google Firebase for all authentication and user data storage, so your personal data is protected with rigorous industry standard protocols. Since this product is an BETA testing, we can not guarantee that the entire ecosystem is as rigorously secure. Our basic offering is not HIPAA compliant, but all of our infrastructure is HIPAA compatible, and we would be happy to set up a compliant project.
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General Terms of Use
Health Data
THE CONTENTS OF THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY.We show generalized health data and utilize it in some of our prioritization and analysis. We base our health data on widely acceptable linkages in the scientific and epidemiological literature. This data or the analysis present however should not be misconstrued as health recommendations. Significantly greater personal detail and diagnosis form a medical professional is critical.No content is intended to be a substitute for professional medical judgment or advice, diagnosis, or treatment. The state of knowledge regarding the treatment of patients potentially exposed environmental health impacts in the environment is constantly evolving and is often uncertain. In developing these educational products we have made a diligent effort to ensure the accuracy and the currency of the presented information. However, these developers make no claim that the materials comprehensively address all possible situations related to various exposures. These are intended for educational use to build the knowledge of planners and health professionals in assessing the conditions related to and providing anticipatory guidance about environmental health impacts.ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION. NEVER DISREGARD OR DELAY IN SEEKING MEDICAL ADVICE BASED UPON SOMETHING THAT YOU HAVE READ ON THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR A QUALIFIED HEALTH CARE PROFESSIONAL. RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
Acceptance of the Terms of Use
These terms of use are entered into by and between you and hyphae design laboratory, Incorporated ("hyphae", "we" or "us"). The following terms and conditions (these "Terms of Use"), govern your access to and use of the data offered on or through this website (the "Data").By clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you can not have access or use the Data.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our discretion. All changes are effective immediately when we post them. Your continued use of the Data following the posting of revised Terms of Use means that you accept and agree to the changes. If a modification is unacceptable to you, you may terminate this agreement by ceasing use of the Data. You are expected to check this page so you are aware of any changes, as they are binding on you.
Changes to the Data; Termination of Access to the Data
You acknowledge and agree that the form, nature, and content of the Data that hyphae makes available for download may change from time to time without prior notice to you. You further acknowledge and agree that hyphae may stop (temporarily or permanently) making available the download of Data (or any data or features within the Data) to you at hyphae’s sole discretion, without prior notice to you. Hyphae reserves the right to refuse or discontinue offering downloads to the Data to anyone, at any time at its sole discretion with or without notice.
Hyphae’s Proprietary Rights
You acknowledge and agree that hyphae owns all legal right, title and interest in and to the Data, including any intellectual property rights that subsist in the Data (whether those rights happen to be registered or not, and wherever in the world those rights may exist). These Terms of Use do not grant anyone any title or right to any intellectual property rights that may subsist in the Data. Hyphae grants the End User a revocable, royalty-free, non-exclusive right and license to use, reproduce, publish, make derivative works, display and perform publicly any Data first made available through the website pursuant to the terms set forth herein.The hyphae name and hyphae logo and log and all related names, logos, designs and slogans are trademarks of hyphae.. You must not use such marks without the prior written permission of hyphae.
End User Terms
If you use the Data in a manner that permits use or access to the Data by other users, You must:(a) display to your users a link to these Terms;(b) explicitly state in your terms of use that, your users are agreeing to be bound by these Terms;(c) display a citation that states: "made by hyphae”(d) explicitly state in your terms of use that, if the user creates a further project containing the Data, any users of that project must also agree to be bound by these Terms.
Prohibited Uses
You may use the Data only in accordance with these Terms of Use. You agree not to use the Data for commercial purposes and in any way that violates any applicable federal, state, local, or international law or regulation.In using the Data, you may not use the Data to display content that falsely expresses or implies that such content is sponsored or endorsed by hyphae. You may not attribute the Data in a false or misleading manner.hyphae reserves the sole right and discretion to determine whether your use of the Data is in compliance with these Terms of Use.
Terminating this Agreement
You may terminate your legal agreement with hyphae under these Terms of Use by discontinuing your use of the Data at any time. hyphae may terminate your right to use the Data at any time, with or without cause and with or without notice. Upon termination, those Terms that by their nature are intended to continue indefinitely will continue to apply.
EXCLUSION OF WARRANTIES
YOU ACKNOWLEDGE THAT ALL DATA MADE AVAILABLE BY hyphae IS PROVIDED BY hyphae "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HYPHAE EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NON-INFRINGEMENT, ACCURACY OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE DATA IS AT YOUR SOLE RISK AND THAT THE DATA IS PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, HYPHAE AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:(a) YOUR USE OF THE DATA WILL MEET YOUR REQUIREMENTS;(b) YOUR USE OF THE DATA WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;(c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE DATA WILL BE ACCURATE OR RELIABLE;(d) THE DATA IS ERROR OR BUG FREE; AND(e) THE DATA IS DESIGNED, MANUFACTURED OR INTENDED FOR USE IN CONNECTION WITH ANY HIGH RISK ACTIVITY.YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY DATA.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYPHAE, OR THROUGH OR FROM THE DATA, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HYPHAE AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR:(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSS);(b) ANY LOSS OR DAMAGE AS A RESULT OF:(i) ANY CHANGES THAT HYPHAE MAY MAKE TO THE DATA, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF YOUR RIGHT TO DOWNLOAD OR USE THE DATA (OR ANY FEATURES WITHIN THE DATA); OR(ii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE DATA.THE LIMITATIONS ON HYPHAE'S LIABILITY TO YOU WILL APPLY WHETHER OR NOT HYPHAE OR ITS AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
Indemnity
To the fullest extent permitted by law, you hereby agree to indemnify and hold hyphae, its officers, directors, agents and affiliates ("the Indemnified Parties") harmless from and against any claim, expense, or liability of any kind (including, without limitation, incidental and consequential damages, court costs, attorney's fees and costs of investigation), that arises directly or indirectly, in whole or in part, from your use of the Data, including any secondary or derivative use of the Data. You also specifically acknowledge and agree to have an immediate and independent obligation to defend the Indemnified Parties from any claim that may fall within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to you by the Indemnified Party and continues at all times thereafter.
No Waiver
You agree that if hyphae does not exercise or enforce any legal right or remedy contained in the Terms of Use (or that hyphae has the benefit of under any applicable law), this will not be taken to be a formal waiver of hyphae's rights and that those rights or remedies will still be available to hyphae. Any waiver of any provision of these Terms of Use will be effective only if hyphae expressly states in a signed writing that it is waiving a specified Term.
Severability
If any court of law that has jurisdiction rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.
