RECIST360-beta: Terms of use

Effective from 30 October 2020.

Definitions

RECIST360-beta tool encompasses either the RECIST360 Data entry submission Form (details: www.apples-and-oranges.co.uk/recist360-beta*) or the online data entry facility (details: www.apples-and-oranges.co.uk/recist360-data), the A&O website data upload page and the returned RECIST360 findings report.

Meijboom Consulting Ltd trading as Apples & Oranges Data Solutions (“A&O”) and may be referred to as “Our and “we” hereafter.
 
"You” and “User” refers to the user of the tool; an independent second party individual or representative of a second party organisation that is unrelated to A&O.

Your usage of the tool     When you use RECIST360-beta (‘the Tool’), it is important that you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of the Tool and your obligations when you submit the completed the data entry template on this website. Please read these Terms of use carefully.

If you do not agree with any of these Terms of use, do not use the tool! Users do not need to seek permission to use the online tool, but in doing so you agree to these Terms of Use. Please also note that by using this site you will be deemed to have irrevocably agreed to these

Terms and Conditions.

 

By submitting data, you warrant that you have the legal capacity to enter into the agreement set out in these Terms of Use. Please note that these Terms of Use may be revised and reissued without notice at any time by updating the terms here. You should visit this page regularly to review the current Terms of Use, since your continued use of the tool will be deemed as irrevocable acceptance of any revisions.

 

Aims of this Tool
This Tool is provided free of charge for two reasons: 1) to provide  the oncology community and/or associated industry partners with an educational facility to aid in a better understanding of RECIST 1.1 criteria; 2) to provide a proof-of-concept  informational guide to help you or your organisation make informed choices on potentially obtaining a full product licence and/or other contractual set up in order to access an offline and fully functioning tool that can be either be self-run or result in the eventual hiring of A&O personnel as contractual staff members to support your organisation with RECIST360.  A&O's aim is to also make the best possible tool available and, as such, may revise editions of this tool if your test case data results in required adaptations (see also 'Your Data', below).

No Warranties

Whilst A&O have attempted to provide an accurate tool, under the best of circumstances it may contain errors. This is a beta tool and as such, during this stage, the tool will be tested for bugs, crashes, errors and inconsistencies. By contrast, the paid-for tool is a fully validated version of this free tool (outlined under ‘Aims of this Tool’, above).  Given the ‘Beta’ nature of this free service, you have the sole responsibility to verify the report, its findings and contents against your own methodology, existing working practices, SOPs, other methods.  And any feedback would be gratefully received, though not mandatory.
          
The information in the Tool (and resultant report) is provided on an as-is basis. Neither A&O nor any representatives make any warranties about the accuracy, reliability, completeness, or currency of the information, services, software, text, graphics, or links contained within the Tool. A&O EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (including without limitation incidental, consequential, punitive damages, lost profits, cost of procuring substitute service or lost opportunity) resulting or arising from your use of or inability to use this Tool, whether based on warranty, contract, tort or any other legal theory, and even if we are made aware of the possibility of such damages.
 
A&O reserve the right to stop the provision of this service at any point in time.
 

Indemnification

You agree to indemnify, defend and hold harmless A&O against any claims, actions, suits, damages, costs, or expenses (including attorneys' fees and expenses) arising out of or relating to your i) unlawful or negligent use of the Tool; or ii) alleged breach of these terms of use.
 
Please note, this is a limited review tool, and is intended to show the end user the capability of the full-use tool and as an educational facility for those engaged in clinical oncology studies. Study setups are typically unique and are dependent on their associated protocols and may require study specific changes to be made to the tool to ensure correctness and eliminate errors or omissions, but this would be a paid-for service (see ‘Aims of this Tool’, above). Consequently, with this demonstration tool, the results may not be ‘per-protocol’ accurate. You understand that A&O are unable to control whether real-world or dummy/test data is entered, but you accept it is our understanding, via your agreement to these terms of use, that you enter only test case data. While inevitably, by a coincidental nature, you may enter data of a similar nature to real-world data, any known-to-be identical to real-world data entered is a breach of these terms of use; in either case, the tool shall NEVER be  utilised for real world patient treatment or study-decision-making activities WHATSOEVER.  You explicitly agree that your primary use of this tool is as part of your assessment and learning experience of how this tool may help you or the organisation you represent. Should you be using this tool as an educational facility or guide in learning more about RECIST1.1 criteria in, for example, study set up activities, you explicitly agree that any observations or findings the tool reveals upon the data you entered is verified and interpreted by qualified individuals representing the organisation you represent.  If you do not agree to the above passages, you are in breach of these terms of use and agree not to use this tool.     

A&O accept no responsibility or liability to any party who seeks to rely on the results in the report. Only the fully working offline R360 will be validated for study use (see ‘Aims of this Tool’, above). By using this service, A&O accepts that any data the user submits is entirely untraceable and unidentifiable in origin, unless the user voluntarily provides their email address (this is not compulsory and we will not pass this onto any other party; email addresses are NOT contained in report outputs).  Indeed, the RECIST360 Data entry submission Form and/or online form is designed to PREVENT the entering of any patient or study identifiable information.  Any attempt to submit information other than the data entry form will represent a breach of these terms of use, reports will not be processed and depending on severity or scale of received information may be reported, accordingly.
    
Your data

The RECIST360 Data entry submission Form and/or online form which you submit containing your dummy data / test case data and subsequent outputs will be maintained for an undisclosed period of time.  This is because test-case dummy examples and subsequent outputs have been provided with the objective of educational use; not just for you as the user, but subsequently clinical trial professionals are able to visit A&O’s website portal and review your report outputs to examine different RECIST 1.1 scenarios you and other users have created (see ‘Aims of this Tool’ and educational purpose, above).  Therefore, you accept that by using this tool, you are in effect participating in a ‘community’ / educational project; output reports are stored to aid and educate other clinical trial professionals on RECIST 1.1, unless you explicitly stated you did not wish for forms to be uploaded to our public A&O portal (and instead opted to receive via email).  No personal-identifiable information is contained in report outputs. In addition to educational objectives, the retention of outputs is to aid in improving this tool in the event the tool’s logic or technical ability was challenged or shown to contain bugs based on the data you submitted, which will require reprogramming by A&O personnel.  In this event, you accept that this data is useful in improving this product (see 'Aims of this Tool') and may be retained for an undefined period to make possible required revisions of the tool, which may also include data that did not challenge the tool to aid in comparative programming test cases.  If you do not accept potential use of data in this manner, do not use this tool.  A&O take no responsibility for data that has not been received, processed or downloaded within the set timelimits as this is largely subject to uncontrolled server performance and associated technology.  In addition, while the RECIST360 Data entry submission Form and/or online data submission form provides basic-level validation to ensure acceptance into the process, given it is a FREE ‘beta’ tool, A&O make no guarantee  that your submitted form will result in a fully processed or returned report. Should your report not be returned to the expected URL or your own supplied email address (if you chose to provide), you are welcome to contact us.  Should you have provided your email address (this is not compulsory) we will not pass this onto any other party.

Any comments or appraisals you provide us will only be used for marketing purposes after your consent.


*RECIST360 Data entry submission Form (details: www.apples-and-oranges.co.uk/recist360-beta) was retired 08 October 2020. At time of writing, there are no plans to re-introduce this facility, but remains mentioned in these terms of use because it is a legacy tool that may still be in retention of users.

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