Your use of the ProtoPRED^® server (referred to as the Server or ProtoPRED^®) and all associated products and services (collectively referred to as the Product in this document) is governed by the terms of this legal agreement between you and ProtoQSAR, SL. By registering for ProtoPRED^® (via ProtoPRED/register) or accessing or using the services at ProtoPRED^®, you agree to be bound by these Terms. If you do not agree with these Terms, you must not accept them and may not use the Service.

These Terms of Use are effective from October 1st, 2024.

When used in these Terms with initial letters capitalized, the following terms have the following meanings:

Account. Each individual ProtoPRED^® account (identified by a single username) created by or on behalf of a User or Subscriber.

User. The person responsible for one account (identified by the data used in the registration process).

Confidential Information. All information disclosed by you to ProtoPRED^® that is labeled confidential (or with a similar legend) or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Your Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party from a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by a violation of these Terms; or (d) was or is independently developed by the receiving party without using the disclosing party’s Confidential Information.

Credit. Number of available tokens in a User account.

Documentation. Any written or electronic documentation, images, videos, text, or sounds specifying the functionalities of the Service provided or made available by ProtoQSAR to you or Users.

Product. Any of the services and products provided by ProtoPRED^®.

Server. The ProtoPRED^® server: https://protopred.protoqsar.com.

Subscriber. An individual, entity, or company that subscribes to an agreement with ProtoQSAR for the creation of one or more accounts. The agreement can be these Terms or can be expanded with particular agreements specifying conditions for different accounts.

Token. The unit of cost for ProtoPRED^® services and products. On the platform, the cost of any Product is indicated by a number of tokens. Tokens can be obtained for free (for example, as part of a trial account) or purchased for a fee.

We. ProtoQSAR, the owner and service provider of ProtoPRED^®.

You. The User or Subscriber of ProtoPRED^®.

Registration. A User can create a new ProtoPRED^® Account by using the registration form. This implies acceptance of these rules.

Subscription Term. Currently, ProtoPRED^® accounts do not have a specific subscription term. However, we reserve the right to impose a time limit on some or all accounts on the Server (in which case any change in conditions will be communicated via email). We also reserve the right to close an account at any time due to a violation of these Terms or for other commercial or operational reasons. If the closure is attributable to us, the User may be compensated for any purchased and unused credit.

Usage Limits. During the Subscription Term and subject to compliance by you and Users with these Terms, you have the unlimited right to access the Server and use its Services according to your Credit or User conditions. Your right to access and use the Server is also subject to the restrictions and policies implemented by ProtoPRED^® from time to time to adjust to operational and maintenance needs.

Connection. A stable Internet connection is required for the proper transmission of the Service. You are responsible for procuring and maintaining the network connections that connect your network to the Server, including but not limited to selecting a “browser” software that supports protocols used by ProtoPRED^®, including the Secure Socket Layer (SSL) protocol. We are not responsible for the loss of the results of your predictions due to connection issues that are not our responsibility.

Commercialization. You agree not to: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time-share, or otherwise commercially exploit or make the Service available to any third party, unless explicitly agreed in a business agreement with us;

    (b) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks;

    (c) falsely imply any sponsorship or association with ProtoQSAR or ProtoPRED^®;

    (d) use the Service in any unlawful manner, including but not limited to violations of any person’s privacy rights;

    (e) use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes, or other forms of duplicative or unsolicited messages;

    (f) use the Service to produce reports and results that infringe on any person’s intellectual property rights or impersonate their identity without permission;

    (g) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components;

    (h) attempt to decipher, decompile, reverse engineer, or otherwise discover the source code of any software making up the Service;

    (i) use the Service to knowingly post, transmit, upload, link to, send, or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;

    (k) use the Service to knowingly post, transmit, upload, link to, send, or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (Malicious Software);

    or (l) try to use, or use the Service in violation of these Terms.

Tokens. ProtoPRED^® Tokens are the unit of cost for all ProtoPRED^® services and products. On the platform, the cost of any Product is indicated by a number of tokens. Tokens can be obtained for free (for example, as part of a trial account) or purchased for a fee.

Generality. ProtoPRED^® Tokens are unique and can be used for any service or product on the platform, regardless of whether they were purchased for a particular module, service, or product.

Purchase. ProtoPRED^® Tokens can be obtained only from ProtoQSAR directly or through http://www.protopred.com. ProtoPRED^® is not bound to accept Tokens purchased from any other source.

Use. The cost of the predictions is deducted from your account if the prediction result is provided, even if the prediction is considered of low reliability or outside the applicability domain, if the result is not correct, or the outcome does not serve the expected purposes of the prediction.

Unlimited Accounts. It is possible to have an unlimited account, with no usage limitations during a particular Subscription Term and for particular services. However, the service will continue deducting tokens for the products to keep track of usage. Additional tokens can be requested for free by email for these accounts.

Types of Data. ProtoPRED^® stores information about the user in four different forms:

• Personal information provided during registration. This information is stored by ProtoQSAR, but we do not use it for any other purposes than providing the service (unless permission is explicitly given during the registration process).
• History of the movements. All actions on the server that affect your tokens (such as predictions, download of reports, credit purchases) can be consulted on the user page, to ensure proper record of the server's use. By default, this history includes data such as the SMILES and the predicted value, to facilitate user revision, but this can be changed in the user section.
• Last prediction. Complete results of the last prediction of each module are also stored internally, to allow the user to recover the data in case of accidental closure, connectivity issues, or any other interruption. This can also be changed in the user section to ensure data privacy.
• QPRF data. To simplify filling in the author data section in the QPRF (mandatory), default values are offered for the user's name, address, phone, and email. The user can edit these fields on the user page. For each PDF request, the current values can be stored as new defaults (this is optional).

Technical Safeguards. ProtoPRED^® will maintain commercially reasonable administrative and technical safeguards to protect the security, confidentiality, and integrity of Your Data. These safeguards include encryption of Your Data in transmission and at rest (using SSL or similar technologies).

More Info. For more information about our data policy and how to exercise your rights to modify your data, please check our privacy policy.

Experimental Data. Even if ProtoQSAR and the authors of the different models have curated the database used in the models to ensure scientific and regulatory validity, we are not responsible for the accuracy, quality, and relevance of the experimental data provided with your predictions or used to train the models.

Assessment and Interpretation. Predictions and the corresponding reports are provided as-is. Their application, interpretation, and assessment of their validity are the responsibility of the User or whoever assesses the prediction.

Liability. We have no liability to you or any third party for the consequences of the application of the predictions provided by the server, regardless of the form of the action.

Services. We reserve the right to change any and all content within the Server and the Services provided at any time without notice. This can involve updating, adding, removing, or reorganizing predictive models. In order to ensure the validity of ProtoPRED^® predictions, we will try to provide access to former versions of the models on explicit demand by email, directed to external evaluators and regulators.

Tokens. We may also modify the cost in Tokens of the predictions or the cost of the Tokens. Any change in the values will be included in the Server, and we will notify you by email (but we are not obliged to do so). In case of such changes significantly affecting their ability to use the Product, the Subscriber can request a refund or adjustment of their balance by contacting protopred@protoqsar.com. We will consider these requests on a case-by-case basis.

Terms. We may modify these Terms from time to time to reflect changes in the market and in the services and products provided by the Server. If we do so, we will notify you by email to the email address provided to us, but we are not obliged to do so. Such modifications shall be effective upon our posting of the revised Terms on the Server. You agree to be bound by these Terms when using the Server, so it is important that you review these Terms regularly.

These Terms and any dispute, claim, or obligation (whether contractual or non-contractual) arising out of or in connection with it, its subject matter, or formation shall be governed by Spanish law. The parties irrevocably agree that the Spanish courts shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Terms, its subject matter, or formation.

Any disagreement arising between the parties shall initially be resolved internally and conducted in good faith by authorized representatives of both parties with the aim of finding a mutually acceptable agreement. Should this internal process be unsuccessful, neither party is precluded from initiating legal proceedings.