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Terms of Use

Effective Date: Jan 1, 2023

Introduction

Welcome to the Cirro Platform. Cirro is a cloud-based platform developed by Cirro Bio, Inc. that enables biomedical researchers to analyze data in a secure and scalable environment. The Cirro platform enables users to upload their data to the cloud and access datasets through user-friendly interfaces. It also provides a repository of bioinformatics workflows that can be executed by users with or without coding expertise to prepare and process data. Once the data is processed, users can explore the results in real-time using interactive visualization tools and Jupyter Notebooks. Secure collaboration is facilitated through both web and programmatic interfaces.

IF YOU ARE AN ACADEMIC RESEARCHER OR NON-PROFIT RESEARCH FOUNDATION INTERESTED IN USING CIRRO, PLEASE READ THESE TERMS OF SERVICE, ALONG WITH THE PRIVACY POLICY AND THE ACCEPTABLE USE POLICY, CAREFULLY AS COLLECTIVELY THESE DOCUMENTS CREATE A BINDING AGREEMENT BETWEEN YOU AS A USER AND THE ORGANIZATION TO WHICH YOU ARE AFFILIATED, AND CIRRO BIO, INC. PLEASE CHECK WITH THE AUTHORIZED OFFICIALS AT YOUR INSTITUTION IF YOU ARE UNSURE WHETHER YOU CAN LEGALLY EXECUTE AGREEMENTS ON THEIR BEHALF. If your organization has already entered into a separate written subscription agreement with Cirro Bio, Inc. for use of the Cirro, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these Terms of Service. Review these Terms of Services every time you log on to Cirro, as they may change over time.

1 Services

1.1 Scope of Services

Cirro Bio, Inc. provides Cirro as a service subject to these Terms of Service. The following services are available in Cirro:

1.1.1 Data Ingestion

Cirro enables users to upload data into their own Cloud through various methods, including browser uploads, Python Software Development Kit (SDK), Command Line Interface (CLI) and automated ingestion of instrument data. Public datasets can also be accessed by submitting SRA, ENA, or GEO identifiers. Data transfers leverage the TLS 1.3 protocol to ensure privacy and integrity of data in transit. While Cirro makes no warrantees concerning the integrity of data once ingested into user accounts, Cirro provides users with the ability to specify their own encryption key creation, lifecycle management, and policies. By default, all data is encrypted using AWS managed keys that leverage hardware security modules (HSM) to protect and validate keys under the FIPS 140-2 Cryptographic Module Validation. Program. FIPS 140-2 Cryptographic Module Validation Program

1.1.2 Data Processing

Cirro offers a catalog of point-and-click scientific workflows optimized for cloud computing, allowing users to manage costs effectively while ensuring reproducibility. These workflows come with extensive documentation to guide users through the input parameters and expected output files. To support bespoke workflows, Cirro enables users to execute their own pipelines using NextFlow or WDL workflow engines. While Cirro can makes no warrantees regarding the execution of these workloads, Cirro provides users with the ability to configure billing limits and caps on the number of VCPs that can be allocated at any given time. All data processing occurs within user accounts and is the financial responsibility of the user. Reference data required for data processing may be sourced from AWS Open Data Registry, Cirro’s reference data repository, or ingested into user accounts.

1.1.3 Exploratory Data Analysis

The platform provides flexible computing environments that includes dozens of general purposes, compute optimized, memory optimize, and GPU accelerated instances running JupyterHub with Python, R, and other Kernels. While Cirro makes no warrantees regarding the costs or use of these environments, Cirro provides safeguards via per project billing limits and automatically terminates long running instances with no processor activity. While Cirro can request the creation of these environments, they provisioned in user accounts and are the sole responsibility of user from financial, security, and costs perspectives. At no time will traffic or data associated with these environments transit Cirro.

1.1.4 Data Visualization and Publication

In addition to programmatic exploratory analysis, Cirro provides users with a growing collection no-code interactive web-based visualization tools. While Cirro centrally logs requests for data, no user data ever transits Cirro owned and operated infrastructure. All customer data is transferred directly from user’s accounts into web-based visualization tools running in end user’s browsers.

1.1.5 Developer Tools

Cirro provides programmatic access to all system features and data via an OpenAPI compliant Application Programming Interface (API) capable of producing bindings in all modern programming languages.

1.2 Access and User Registration

1.2.1 Compliance with Laws and Policies

Users must take all necessary steps to ensure that their use of the Service in granting access to assets does not violate any applicable laws, regulations, or institutional policies. This includes, but is not limited to, the protection of personal data, intellectual property rights, and sensitive information. Users are expected to conduct regular reviews of access permissions to ensure ongoing compliance and to adjust as necessary in response to changes in laws, policies, or the sensitivity of the assets.

1.2.2 User Responsibility for Permission Settings

Cirro is responsible for implementing the access controls specified by users through Cirro-hosted web interfaces and programmatic interfaces ("Interfaces"). While Cirro commits to applying these permissions accurately and effectively through the Interfaces, it is the responsibility of the user to specify permissions that are compliant with all relevant laws, policies, and regulations. Cirro does not assume any responsibility for verifying the legality or appropriateness of the access permissions set by users.

1.2.3 Liability for Access Management

Cirro shall not be liable for any loss, damage, or legal issues that arise from the user's failure to grant or revoke access permissions in accordance with applicable laws, regulations, and institutional policies. It is the user's responsibility to ensure that their management of access permissions through the Service's Interfaces does not result in violations of such laws, regulations, or policies.

1.3 Limitations

1.3.1 Service Availability and User Requirements

You are solely responsible for obtaining any equipment and internet service necessary to access our Services. We may alter, restrict, suspend, or discontinue our Services, in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or for other reasons.

1.3.2 Acceptable Use Compliance

You may use the Services only for activities permitted under the Acceptable Use Policy. To learn more about these requirements and guidelines, please visit https://cirro.bio/acceptable-use-policy.

1.3.3 Security Requirements

You must comply with all customer and user security requirements communicated to you by Cirro. To learn more about these requirements and guidelines, please visit https://cirro.bio/customer-security-requirements.

1.3.4 Prohibition on Reverse Engineering

You many not reverse engineer, decompile or disassemble in any way the Services.

1.3.5 No Medical Use

You may not use, or represent to third parties that the Services are useful for providing medical advice, diagnostics or treatment.

2 Customer Security Requirements

Your use of Cirro requires adherence to our Customer Security Requirements, which are integral to protecting both your data and the broader Cirro user community. By using Cirro, you acknowledge and agree to comply with the requirements outlined at https://cirro.bio/customer-security-requirements, or any updated location communicated to you. Noncompliance with these security requirements may result in restricted access or suspension of your Cirro account.

3 Fees and Payment

The service provided under this agreement is subject to a monthly fee per project. This fee structure allows for flexible project management, ensuring that users can adapt their usage to their current needs without the concern of long-term financial commitments. Projects can be initiated or terminated at any given time, providing users with full control over their engagement duration and associated costs.

For comprehensive details regarding billing, additional service options, and fee adjustments, users are directed to consult our detailed listing on the AWS Marketplace, accessible via the following link: AWS Marketplace - Cirro Seller Profile.

Support for the services provided under this agreement is exclusively available through our online help resources. These resources are designed to assist users in navigating our platform, troubleshooting common issues, and enhancing their overall experience with our services.

4 Data and Other Content

4.1 Content

You may bring deidentified data or other content (“Content”) to Cirro. As between you and Cirro Bio, Inc., you control the Content and retain intellectual property rights that you hold in that Content. However, if you upload Content from another third party, you represent that you have the rights to do so and are not infringing other’s intellectual property rights. You may not submit, use, display or share Content that you don’t have the rights to copy, use or share in connection with your use of the Services. Cirro Bio, Inc. assumes no responsibility and makes not warranties with regards to the Content brought into Cirro. Because all content is stored in users accounts, it is your responsibility to implement back up and restoration functionality of your Content.

4.2 Privacy

Cirro is intended to be used for research purposes only. Do not use Cirro to upload information that relates to an identified or identifiable individual, that could be described as Protected Health Information (as defined under HIPAA), or Personal Data (as defined under GDPR), or Personally Identifiable Information (as defined under the Common Rule).

5 Intellectual Property Rights

5.1 Ownership

As between you and Cirro Bio, Inc., Cirro Bio, Inc. will retain all intellectual property rights related to Cirro. You may acknowledge the use of Cirro in your publications but may not use the name of Cirro in other publicity materials (for example, press releases), without first seeking approval from Cirro Bio, Inc.

5.2 Third party software

Third party software that is incidental or ancillary to the Services will be subject to separate licensing agreements between you and the relevant third party. If Cirro provides a link to a third party website or references third party product, this does not constitute an endorsement or the website content or of the product. Cirro Bio, Inc. will not be responsible for any materials found on an external website.

5.3 Feedback

Cirro Bio, Inc. welcomes your suggestions for improving Cirro. You understand however that your voluntary feedback will not be confidential, and Cirro Bio, Inc. may use it to incorporate it and use it for lawful purposes.

Cirro Bio, Inc. will respond to notices of copyright infringement filed in accordance with eh Digital Millennium Copyright Act. Please contact Cirro Bio, Inc. if you think someone is violating your copyrights.

6 Termination

6.1 Experimental Results

Cirro has been developed by Cirro Bio, Inc. as a research use only platform. While we continually work to improve the quality of the Services, you acknowledge that the results delivered by the Services as experimental in nature and Cirro Bio, Inc. cannot be liable for any loss caused by your reliance on such results. You are responsible for evaluating the accuracy, completeness or usefulness of any results obtained through the Services.

6.2 No Warranties

THE SERVICES ARE SOLELY FOR USE IN RESEARCH AND EDUCATIONAL USE, NOT FOR ANY DIAGNOSIS OR TREATMENT OF ANY HUMAN DISEASE OR CONDITION. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED “AS IS”; CIRRO BIO, INC. PROVIDES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, CIRRO BIO, INC. DOES NOT WARRANT THAT: (I) THE SERVICES OR RESULTS WILL BE FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7 Indemnification. Limitation of Liability

7.1 Indemnification

You agree to indemnify and hold harmless Cirro Bio, Inc. from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to your Content that: (1) infringes intellectual property rights of third parties, or (2) includes Protected Health Information, Personal Data, or Personally Identifiable Information, in violation of these Terms of Service.

7.2 No Special Damages

IN NO EVENT SHALL CIRRO BIO, INC. BE LIABLE TO ANY USER OF OUR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF CIRRO, OR CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

7.3 Limitation of Liability

CIRRO BIO, INC.'s AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF SERVICE OR THE SERVICES, SHALL NOT EXCEED THE AGGREGATE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.

7.4 No Responsibility for Third Party Claims

Cirro Bio, Inc. disclaims any liability for claims that might arise between you and another user of Cirro, or between you and another third party.

8 Term. Termination

These Terms of Services will apply as long as you will be using the Services. You may stop using these Services at any time and remove Content, without penalty. Cirro Bio, Inc. may terminate access to Services, for any reason. Cirro Bio, Inc. will make reasonable efforts to provide prior notice of termination whenever possible. However, if termination or suspension is caused by your continued violation of the Terms of Service, or by using Cirro in violation of the law, Cirro Bio, Inc.is not obligated to give you notice, nor to return your Content.

The software [or “Portions of the software”] incorporated herein is Copyright ©2023, President and Fellows of Fred Hutch Cancer Center (“Fred Hutch”). All Rights Reserved. The name “Fred Hutch” (alone or as part of another name) or any logos, seals, insignia or other words, names, symbols, or devices that identify Fred Hutch or any unit, division or affiliate may not be used to endorse or promote products derived from this software without specific prior written permission.

IN NO EVENT SHALL FRED HUTCH BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE, EVEN IF FRED HUTCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FRED HUTCH SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS PROVIDED “AS IS”. FRED HUTCH HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS.

10 Governing Law

These Terms of Services will be governed by laws of the State of Washington and any disputes will be resolved under the proceedings of the courts of appropriate jurisdiction in the State of Washington. Cirro Bio, Inc.encourages the prompt and equitable settlement of all controversies or claims between the parties. You agree to negotiate differences directly with Cirro Bio, Inc.and in good faith for a period of no less than thirty (30) days and to pursue alternative methods of dispute resolution or exercise all other legal and equitable rights only if the negotiations fail to resolve the dispute.

11 Additional Information

If you have questions about Cirro or these Terms of services, please contact: support@cirro.bio