Terms of Use Agreement for HealthTree Cure Hub Registry Data Access

Welcome to HealthTree® Cure Hub Registry created by the HealthTree Foundation ("Company", "We", "Us"). HealthTree is a data platform for cancer researchers and clinical practitioners to help advance cures. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of https://www.healthtree.org/ (the "Platform"), including any content, functionality and services offered on or through the Platform, whether as a guest or a registered user. Please read these Terms of Use carefully before you use the Platform. By using the Platform or by clicking to accept or agree to these 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, you must not access or use the Platform. 1. Purpose of Data Use The data provided is strictly for research purposes aimed at improving the understanding, prevention, diagnosis, and treatment of cancer. The data must not be used for any other purposes, including but not limited to commercial, personal, or non-cancer-related research. 2. Data Access and Individual Responsibility Access to the data is granted to individual researchers. Each individual who wishes to access the data must create a personal account and agree to this Terms of Use Agreement. Data access cannot be shared, transferred, or delegated to other members of a team or organization without prior approval. If derivative work or the original data will be accessed or used by additional team members, they are required to create their own account, submit their own request and agree to the Terms of Use Agreement. 3. Confidentiality and Data Privacy All personally identifiable information (PII) and personal health information (PHI) contained within the data must be treated with the utmost confidentiality. Researchers must comply with all applicable data privacy and protection laws, including but not limited to HIPAA (Health Insurance Portability and Accountability Act) and GDPR (General Data Protection Regulation), depending on the jurisdiction. Researchers must take all necessary precautions to ensure that the identity of individuals whose data is included in the registry is not disclosed, either directly or indirectly, through their research findings or publications. 4. Data Security Researchers must maintain appropriate security measures to protect the data from unauthorized access, disclosure, modification, or destruction. This includes using secure, password-protected systems for data storage and analysis. 5. Prohibited Activities The following activities are strictly prohibited: Any attempt to re-identify individuals from the de-identified data. Sharing, distributing, or selling the data, or any derivative works, to third parties without prior written permission. 6. Publication and Attribution Researchers are required to acknowledge the source of the data in any publications, presentations, abstracts, or reports that result from their research. Any publications must also comply with the ethical standards of the researcher’s institution and relevant journals or conferences. All publications in the acknowledgements section should include: “This research was conducted with the support of the HealthTree Foundation, thanks to the financial and data contributions provided by participating patients." If character count is limited the following can be used: This research was supported by HealthTree Foundation.” 7. Compliance and Monitoring Researchers must comply with all applicable laws, regulations, and ethical guidelines related to research involving human data. The HealthTree Cure Hub Registry reserves the right to monitor the use of the data and audit research activities to ensure compliance with these terms. 8. Revocation of Access Failure to adhere to the terms outlined in this agreement may result in immediate revocation of access to the data and potential legal action. The HealthTree Cure Hub Registry reserves the right to revoke access at any time, with or without cause. 9. Reporting of Findings Researchers agree to share their findings with the HealthTree Foundation in a summarized format to contribute to the collective knowledge base, provided this does not conflict with any intellectual property or publication rights. Findings should be shared with research@healthtree.org. 10. Governing Law This agreement is governed by and construed in accordance with the laws of the jurisdiction in which the HealthTree Foundation operates. Any disputes arising from this agreement will be subject to the exclusive jurisdiction of the courts of that jurisdiction. 11. Limited Warranties We provide the HealthTree Cure Hub Registry (Platform) "as is," "with all faults," and "as available" and disclaim all express or implied warranties, including merchantability, quality, accuracy, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not guarantee uninterrupted access, effectiveness, reliability, or accuracy of the Platform or that it will meet your needs. You are responsible for implementing sufficient anti-virus and data security measures, as we cannot guarantee that files available through the Platform or from the Internet will be free of viruses or other harmful code. We are not liable for any damage from distributed denial-of-service attacks, viruses, or other harmful materials that may impact your devices, data, or proprietary materials when using or downloading from the Platform or linked sites. 12. Limitation of Liability You acknowledge our interest in limiting liability, including that of our directors, officers, employees, agents, and advisory board members (“Representatives”). To the fullest extent allowed by law, we and our Representatives are not liable for any damages arising from your use or inability to use the Platform or website, nor for any indirect, consequential, or special damages, including lost profits, revenue, contracts, data, or goodwill. Liability for any event or series of events is capped at $100. You agree not to hold Representatives personally liable for any losses related to the Platform or Terms of Use. This limitation does not exclude liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our products, where applicable law prohibits such exclusion. 13. Indemnity You hereby indemnify the Company, coaches, our affiliates, licensors and service providers, sponsors and ours and their respective representatives, licensors, suppliers, successors and assigns (“Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of any violation by you of any provision of these Terms of Use or your use of the Platform, or arising out of any claim or judgment that you have violated any provision of these Terms of Use. 14. Terms and Termination These Terms take effect when you accept them or first access the Platform and end when terminated as described. If you violate any provision, your user profile and these Terms automatically terminate. The Company may also terminate these Terms or your profile, or suspend your access, at any time, for any reason, with or without notice. You may terminate by contacting support at support@healthtree.org, and we will delete your profile and data upon request. However, the Terms and intended use of any data you have accessed will persist even if your account is deleted or terminated due to misuse. Upon termination, your license rights end, and you lose access to your profile. The Company may modify or discontinue the Platform, with no liability for changes, suspension, or termination of access. 15. Updates to Terms of Use We may revise these Terms of Use from time to time. Upon any material changes, you will be notified upon entering the platform that these Terms of Use have been updated with a link to the Terms of Use. Clicking ok on this message is your agreement to what is contained within this Terms of Use. You can determine when these Terms of Use were last updated by checking the effective date at the bottom of this document. If you have questions regarding these Terms of Use, please contact us at support@healthtree.org. December 5th, 2024