Terms of Service ORENA SAVE FOCUS MICCAI Challenge
Preamble
These Terms of Use regulate the use of the online platform orena-focus-challenge.org (hereinafter referred to as "the Platform"), which is operated within the framework of the SAVE-FOCUS Challenge (hereinafter referred to as "the Challenge"). The Platform serves to conduct AI challenges where participants receive data and resources to develop their own AI models and upload them as contributions. SAVE-FOCUS is the world's first international image-language model AI challenge aimed at improving operational safety using AI models. This groundbreaking competition challenges participants ("Participants") to develop multimodal models capable of analyzing complex operating room videos. By observing foreign objects such as sponges or needles across minimally invasive treatments, SAVE-FOCUS tests the applicability of cutting-edge image-language models to real-world clinical problems, thereby paving the way for a more intelligent, safer, and more efficient surgery worldwide. Participants can register for the SAVE-FOCUS Challenge through this Platform. The necessary data for training, a Python package with useful functions, and later a baseline model to compare against will be provided to facilitate an easy start to training one's own AI model for the Challenge. The participation in the Challenge, the use of the provided data and of the baseline and provided code, are regulated under the Challenge Rules.
Once Participants have successfully completed their contribution, the created model can be uploaded through the same Platform to be evaluated by the Challenge Team according to designated criteria. Participants can win prizes in three different categories ("Tracks") if their model outperforms the baseline.
Through this Platform, Participants are enabled to participate in the Challenge for research purposes.
Given this context, the following applies:
§ 1 Subject Matter
(1) The subject of these Terms of Use is the temporary permission to use the Platform orena-focus-challenge.org, as hosted and provided by the DKFZ for the SAVE-FOCUS Challenge, by Participants within the framework of the Challenge.
(2) The rules for participation and conduct of the Challenge (Challenge Rules) are described in Annex 1.
§ 2 Components
All annexes are essential components of these Terms of Use. The components of this agreement, in descending order of precedence, are the following documents, with the document listed above taking precedence in case of contradictions:
- These Terms of Use
- The Challenge Rules of the Challenge (Annex 1)
- The Data Protection Agreement (Annex 2)
§ 3 Permission to Use
(1) The use of the Platform, the software components originally created by the DKFZ, and other data provided within the framework of the Challenge is permitted exclusively for scientific, non-commercial purposes as described in the Preamble.
(2) Use of the Platform is free of charge for Participants upon compliance with these Terms of Use.
§ 4 Services of the DKFZ
(1) After registration, the DKFZ provides a personalized online access to the Platform.
(2) The DKFZ will implement updates and upgrades to the Platform at irregular intervals. Participants have no claim to updates.
(3) The DKFZ endeavours to ensure the broadest possible accessibility of the Platform. There is no claim to continuous and uninterrupted accessibility. In particular, during necessary repair and maintenance work, restrictions on accessibility are to be expected.
(4) In the event of a defect, Participants can report the error to the DKFZ via the contact addresses below. The DKFZ will attempt to rectify the error as quickly as possible. However, there is no claim to error correction.
(5) Participants can generally contact the DKFZ via email or through the Challenge's internal forum from Monday to Friday between 10:00 AM and 3:00 PM. The DKFZ will attempt to provide assistance within a reasonable timeframe to resolve the error.
(6) The DKFZ will perform maintenance on the Platform and the data network connection from the Participant to the server at irregular intervals.
(7) The DKFZ is responsible for protecting the data from unauthorized access by third parties. DKFZ employees will only have access to Participants' stored data or access credentials if it is indispensable for fulfilling the DKFZ's obligations.
§ 5 Duties of Participants
(1) Participants may only permit third parties to use the Platform partially or entirely with prior consent from the DKFZ. Commercial transfer is expressly not permitted. Participants must take precautions against unauthorized access by third parties to the Platform. The DKFZ must be informed immediately if there is suspicion that access data and/or passwords may have become known to unauthorized persons. Each user account may only be used by the natural person who registered. Sharing accounts, transfer, and multiple registrations are not permitted.
(2) Participants will use the Platform in accordance with these Terms of Use and the Challenge Rules. Participants must not actively attempt to circumvent the authentication and authorization policies of the Platform nor knowingly attempt to induce software errors that could lead to data damage or restrictions on the availability of the software/hardware infrastructure.
(3) Participants are obligated to keep the provided access data confidential from unauthorized third parties and to store them securely to prevent misuse by third parties. The personal password must be changed regularly.
(4) Participants are responsible for all files or other content uploaded or shared on the Platform.
(5) To register, the full first and last name, a valid email address, the name of the participating institution, and the country of residence must be provided.
(6) Creating accounts via bots or other automated methods, as well as on behalf of a legal entity, is not permitted.
(7) Participants agree that the DKFZ has the right to refuse any registration for the Platform and the Challenge at its own discretion for any reason without having to disclose the underlying reasons.
§ 6 Confidential Information
(1) The DKFZ and the Participant agree to maintain confidentiality regarding any confidential information that becomes known to them in connection with these Terms of Use and their implementation, and not to disclose such information to third parties or use it outside the scope of these Terms of Use. This obligation extends beyond the duration of these Terms of Use.
(2) Confidential information within the meaning of these Terms of Use includes all information (whether in writing, electronically, orally, digitally embodied, or in any other form) disclosed by the DKFZ to the Participant in connection with the provision of the Platform and/or conduct of the Challenge. This includes:
Business secrets, products, manufacturing processes, know-how, inventions, business relationships, business strategies, business plans, financial planning, personnel matters, digitally embodied information (data);
Any documents and information of the owner that are subject to technical and organizational confidentiality measures and are marked as confidential or are considered confidential based on the nature of the information or the circumstances of transmission;
The recipient is aware that the above-described confidential information has not been generally known or readily accessible in its entirety or in its individual parts, is therefore of economic value, and is protected by the owner through reasonable confidentiality measures. Even if a confidential piece of information does not meet the requirements of a trade secret under the German Trade Secrets Act (GeschGehG), it is still subject to the obligations of this paragraph 6.
(3) Not considered confidential information are:
Information that was publicly known or generally accessible before disclosure by the owner or becomes so without violating a confidentiality obligation at a later time;
Information that was already known to the recipient before disclosure by the owner and without violating a confidentiality obligation;
Information independently obtained by the recipient without using or referring to confidential information from the owner; or
Information provided to the recipient by a legitimate third party without violating a confidentiality obligation.
(4) Each recipient agrees to:
Treat confidential information strictly confidentially and use it only in connection with the purpose of this agreement;
Disclose confidential information only to third parties who need to know it to fulfil this agreement, provided that the recipient ensures these third parties comply with this agreement as if they were bound by it themselves;
Also protect confidential information with reasonable confidentiality measures against unauthorized access by third parties and comply with legal and contractual data protection regulations when processing confidential information. This includes implementing technical and organizational security measures (Article 32 GDPR) and obligating employees to confidentiality and data protection (Article 28(3)(b) GDPR);
If the recipient is required by applicable law, court or administrative orders, or relevant stock exchange regulations to disclose part or all of the confidential information, inform the owner (if legally possible and practically feasible) in writing immediately and make all reasonable efforts to limit the scope of disclosure and, if necessary, provide any reasonable support to seek a protective order against the disclosure of all or part of the confidential information.
§ 7 Warranty / Liability
(1) Claims for defects are excluded.
(2) The DKFZ is only liable for gross negligence or intent.
§ 8 Account Closure
(1) The closure of an account can be initiated by Participants at any time. To close an account, an email must be sent to orena-support@dkfz-heidelberg.de from the email address associated with the account.
(2) Once an account is closed, all user content becomes immediately inaccessible. Within 30 days, all user content will be permanently deleted from active systems and logs. Within 60 days, all user content will be permanently deleted from our backups. This information cannot be recovered after permanent deletion.
(3) The DKFZ reserves the right to suspend or terminate an account at its discretion for any reason and to refuse the use of the software and/or services. Such termination results in the deactivation or deletion of the account or access to an account, as well as the loss and relinquishment of all user content. The DKFZ reserves the right to refuse service to any Participant for any reason at any time.
§ 9 Final Provisions
(1) In the event of the invalidity of individual clauses, the remaining clauses remain valid.
(2) These Terms of Use are governed by German law. The place of jurisdiction for all disputes is Mannheim.