The following terms comprise the Acceptable Use Policy and Data License Agreement (collectively, the "AGREEMENT"), for all data sets made available to You by Electrosense, a non-profit association pursuant to Article 60 ff. of the Swiss Civil Code, located in Burgdorf, Switzerland. Certain data sets may have additional Supplemental provisions. References to this AGREEMENT shall include any and all relevant Supplemental provisions. Electrosense has the authority and reserves the right, in its sole discretion, to refuse requests for data set(s) or discontinue further access and use to anyone. If You feel Your request is inappropriately denied please contact Electrosense by sending a message to contact@electrosense.org. In consideration for requesting and receiving access to Electrosense data set(s), You acknowledge that You understand and agree to be bound by the terms and conditions of this AGREEMENT. Any violation of this AGREEMENT may result in the immediate suspension or termination of this AGREEMENT and/or other action entitled by law such as injunctive or equitable relief. You are individually liable and responsible for compliance with this AGREEMENT. This AGREEMENT is legally binding under the laws of the Swiss Confederation. You may terminate this AGREEMENT by contacting Electrosense in writing and receiving acknowledgement of such request.

1. LICENSE

Electrosense’s authorization to access the data grants You a limited, non-exclusive, non- transferable, non-assignable, and terminable license to copy, modify, and use the data in accordance with this AGREEMENT solely for the purpose of non-profit research, non-profit education, non-profit testing, or for commercial internal testing and evaluation of the data. No license is granted for any other purpose and there are no implied licenses in this AGREEMENT. This AGREEMENT shall become effective as of the date of approval by Electrosense. This AGREEMENT is subject to modification or revocation at any time at Electrosense sole discretion. Electrosense shall have the right to use any of Your feedback received during the license period for its non-profit educational and/or research purposes.

2. GENERAL CONDITIONS

(i) You will not impersonate any individual or entity, misrepresent any affiliation with another person, entity or association, use false information, or otherwise conceal Your identity from Electrosense at any time for any purpose.
(ii) You consent that Electrosense can make public or otherwise disclose Your name as the registered requester, the name of Your Affiliated Institution, the name of the data set(s) that Electrosense has made available to You under this AGREEMENT, and the brief description of the purpose of activity conducted with the data being undertaken that You provided to Electrosense.
(iii) You will abide by any and all modifications. If a modification occurs, it will be explicitly communicated to You via Your registered email address and shall become effective fifteen (15) days after the transmission of such notification. Your continued access to or use of the data after such time shall indicate Your assent to any and all modification(s). If You do not agree to comply with the modification(s), You agree that You will: (a) inform Electrosense immediately, at which point Your access to the data will be terminated and no longer authorized; and, (b) no longer access or use this data.

3. USE RESTRICTIONS

If You have any concerns or questions about these restrictions, You are encouraged to contact Electrosense’s management committee via email to contact@electrosense.org. To obtain an exemption from any of these restrictions, You will need a written authorization from Electrosense’s management committee.
(i) While using non-anonymized data set(s), You will respect the privacy of persons that may be identified in the data. For any publication or other disclosure, You will anonymize or de- identify personally-identifiable information, identifiers, sensor locations and other data identified in Supplemental provisions (if any). If You have any concerns or questions about anonymization, You are encouraged to contact Electrosense’s management committee via email to contact@electrosense.org.
(ii) While using anonymized data set(s), You will not attempt to reverse engineer, de- anonymize, derive or otherwise re-identify anonymized information.
(iii) You will not distribute, disclose, transfer or otherwise make available the data set(s) to any person other than those employed by your organization who are assisting or collaborating with You using the data set(s). Other entities with whom You are collaborating in research and/or education using the data set(s) must request access to the data set(s) separately and directly from Electrosense.
(iv) All conditions, restrictions and obligations attached to this data shall accompany any and all subsequent uses and disclosures of this data set by You. Therefore, You are personally and fully responsible for communicating this AGREEMENT and ensuring its compliance as to any and all users described above to whom You make the data available.

4. USE OBLIGATIONS

(i) If You create a publication (including web pages, papers published by a third party, and publicly available presentations) using data from this data set, You must provide Electrosense with a copy of (or a link to) the publication no later than 3 months after the publication date and You must cite the data as follows:

Electrosense, https://electrosense.org

(ii) You agree to expunge any and all copies of the received data set(s) upon completion or termination of stated research and/or termination of data access or use. Completion of stated research shall allow for a reasonable period of time that You may need to retain the data set(s) in order to satisfy scientific reproducibility obligations.

5. ACCOUNTABILITY AND ENFORCEMENT

(i) You agree to safeguard any and all sensitive data as required, or may be required, by law by using at least the same degree of care that You use for your own data of alike nature but no less than a reasonable degree of care, to protect the confidentiality of data and/or the privacy of any identifiable person and to prevent its unauthorized disclosure and use. Data is confidential if it is marked as such, if by its nature or content is reasonably distinguishable as confidential, or if You have reasonable cause to believe that its disclosure to a third party would cause harm or damage. Data is not confidential, and therefore not sensitive if: (a) You already knew the data before it was disclosed to You by Electrosense; (b) You gain subsequent knowledge of the data by either lawfully obtaining it from another source under no obligation of confidentiality, or You develop it independently; (c) the data is or becomes generally available to the public through no wrongful act of You or any other party; (e) it is required to be disclosed under applicable law, regulation or court order provided You notify Electrosense prior to making such a disclosure so that Electrosense may take appropriate action.
(ii) You will notify Electrosense immediately of all relevant details if: (a) confidentiality or privacy is compromised; or (b) You receive any legal, investigatory, or other government demand to reverse engineer, decrypt, de-anonymize or otherwise disclose anonymized or confidential data.
(iii) If requested, You will provide Electrosense evidence of compliance with this AGREEMENT, such as a written description of Your data protection plan or a written affirmation that You have disposed of any and all copies of the received data set from all systems reasonably known to you.
(iv) DISCLAIMER OF WARRANTIES. ELECTROSENSE USES ITS BEST EFFORTS TO PROVIDE DATA IN ACCORDANCE WITH ETHICAL PRINCIPLES AND SCIENTIFIC INTEGRITY. HOWEVER, THE DATA PROVIDED HEREIN IS ON AN "AS IS" BASIS. NEITHER ELECTROSENSE, ITS MEMBERS, ITS MANAGEMENT COMMITTEE, RESEARCH PARTNERS, LICENSORS, AND DATA PROVIDERS MAKE ANY WARRANTY, EITHER IMPLIED OR EXPRESS, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF ELECTROSENSE DATA, APPLICATIONS, OR SERVICES ACCESSIBLE THROUGH OR MADE AVAILABLE BY ELECTROSENSE. TO THE EXTENT ALLOWED BY LAW, YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS ELECTROSENSE FROM ALL LIABILITIES, CLAIMS, DEMANDS, COSTS, JUDGMENTS, DAMAGES, LOSSES AND EXPENSES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE DATA BY YOU. IN NO EVENT SHALL ELECTROSENSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE DATA.

6. INTELLECTUAL PROPERTY

This section applies only if You are licensing the data for the purpose of commercial internal testing and evaluating the data.
(i) Except as specifically provided in paragraph (ii) of this Section, all right, title and interest in and to any "Intellectual Property" any invention, discovery, improvement, computer or other program, related documentation and work of authorship that is developed for commercial use by You or Your employer, employees or agents, either individually or jointly with Electrosense, using any information provided by Electrosense under this AGREEMENT, shall be the joint property of Electrosense and You, and that shared portion is hereby assigned to Electrosense, solely for its non-profit educational and/or research purposes. As between Electrosense and You, You retain exclusive and all right, title and interest in and to "Your Intellectual Property" the information originating with or provided by You.
(ii) You obtain an exemption from the default Intellectual Property provisions in Section (i) for specific developments via a written authorization from Electrosense’s management committee.

7. DATA COLLECTION AND TRANSMISSION

(i) Installation of sensors and all relevant equipment, data collection and transmission to the server of Electrosense is offered by You voluntarily and without compensation. You are free to participate in the network of sensors by installing a sensor, collecting data and sending it to Electrosense. You are free to stop sending this data whenever You wish. It is strictly forbidden to send any modified or manipulated or fabricated data, except where explicitly agreed otherwise.
(ii) When You provide Electrosense with data, You grant, or warrant Electrosense a royalty- free, worldwide, perpetual, irrevocable, non-exclusive right and license to sublicense, use, reproduce, modify, adapt, publish, display, translate and distribute the data (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Electrosense or its sublicensees relating to Electrosense’s or its sublicensees’ use of the data You provide to Electrosense, and you hereby release Electrosense and its sublicensees from any such claims.
(iii) You represent that the data You provide to Electrosense a) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; b) will not violate any law, statute, ordinance or regulation; c) will not contain data that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; d) will not violate any third party's rights of publicity or privacy; and e) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to the data You provide to Electrosense.

8. PERSONAL DATA

Electrosense keeps a file of personal data of its registered users, according to Swiss Privacy Law. Data stored at the website’s database is exclusively the data that you provide upon registration. The purpose of this data collection is their storage on a server, for your identification by the server and your access to the pages and services of Electrosense. Your personal data are not transmitted to third parties. By accepting these Terms and Conditions of Use you also allow Electrosense to process your personal data. You have the right to delete, reform, modify and update your data. You can at any time deactivate your account by contacting us via email to contact@electrosense.org. You may contact us for any other information or objection you may have on data processing. Your e-mail address will not be used to send unsolicited commercial messages (spam). Newsletters or other informative mail may be sent from Electrosense unless you explicitly oppose to this via email to contact@electrosense.org.

9. USER ACCOUNT

Each user is personally and solely responsible for all actions and transactions made through his/her account. You are responsible for maintaining the confidentiality of your password and you should ensure that you exit properly from your account at the end of each session. In case you notice any unauthorized use of your account or any other (real or potential) breach of security, you have to immediately notify the Website’s administrators. Electrosense is under no circumstances liable for any loss or damages arising from your failure to comply with this term. Electrosense maintains the right to delete an account, if violation of any of these Terms is proved. If you wish to deactivate your account, contact us via email to contact@electrosense.org.

10. FREE ISSUE MATERIALS

(i) Sensors or other equipment issued to You at no charge by the Electrosense (collectively “free issue materials”), will be used solely as agreed upon with Electrosense’s management committee. You will take free issue materials into operation within one week after receiving it. You will ensure that the equipment will not be subject to external influences which may damage the equipment. If requested, you will provide all information related to the free issue materials themselves, their deployment, and the conditions under which they are deployed to Electrosense.
(ii) If You are not able to use the free issue materials anymore, you will inform the Electrosense’s management committee immediately via email to contact@electrosense.org.
(iii) If requested, You will return all free issue materials to Electrosense by sending it back to the Electrosense within 2 weeks.