Legal agreement governing use of AfriBiobank platform
Effective Date: January 15, 2025
By accessing or using AfriBiobank ("Platform"), you ("User," "you," "your") agree to be bound by these Terms and Conditions, our Privacy Policy, and applicable Data Use Agreements. If you do not agree, do not use the Platform.
These Terms constitute a legally binding agreement between you and AfriBiobank Foundation, a nonprofit organization registered in Nigeria and operating across Africa.
"Medical Data": De-identified medical imaging data and associated clinical metadata contributed by healthcare institutions.
"Contributing Institution": Healthcare facilities that provide Medical Data to the Platform.
"Researcher": Individual user accessing data for academic or commercial research.
"Data Controller": Contributing Institutions that maintain legal ownership of Medical Data.
"Data Processor": AfriBiobank, which processes data on behalf of Data Controllers.
Users must be 18 years or older
Affiliated with a recognized research institution, healthcare facility, or commercial entity
Completed mandatory ethics training (provided free on Platform)
Possess appropriate research ethics approval for intended use
You may use the Platform and Medical Data for:
Academic research and publication
AI/ML model development (with appropriate license)
Clinical decision support tool development
Drug development and clinical trials
Public health research
Educational purposes (teaching, training)
All uses subject to ethical approval and applicable licensing tier.
You are expressly prohibited from:
Attempting to re-identify patients or reverse de-identification
Sharing access credentials or datasets with unauthorized parties
Using data for discriminatory purposes (insurance discrimination, employment screening, predictive policing)
Commercial use without appropriate licensing (Enterprise tier or Custom agreement)
Bypassing access controls, rate limits, or security measures
Automated scraping or bulk downloading outside API limits
Training generative AI models (GANs for synthetic patient creation) without explicit approval
⚠️ Violation may result in immediate account termination, legal action, and notification to institutional review boards.
5.1 Medical Data Ownership: Contributing Institutions retain ownership of contributed Medical Data. Patients retain rights under applicable data protection laws.
5.2 Your Research Outputs: You own AI models, research findings, and publications derived from Platform data, subject to:
5.3 Platform IP: AfriBiobank retains all rights to Platform software, APIs, infrastructure, and branding.
6.1 Fees: Professional, Enterprise, and Custom tiers require payment as specified at afribiobank.org/pricing.
6.2 Billing: Monthly billing via credit card or invoice (annual prepayment eligible for 20% discount).
6.3 Refunds: No refunds for partial months. Institutions may cancel anytime; cancellation effective end of billing period.
6.4 Overages: Exceeding compute or API limits may result in additional charges or throttling. Enterprise tier has no overages.
6.5 Academic Exemption: Bona fide academic researchers receive free access indefinitely. Commercial use requires upgrade.
7.1 Confidential Information: Medical Data, platform architecture details, unpublished research from collaborators, and business terms are confidential.
7.2 Your Obligations: You agree to:
7.3 Exceptions: Confidentiality does not apply to information that is (a) publicly available, (b) independently developed, (c) rightfully received from third party, or (d) required by law to disclose.
7.4 Term: Confidentiality obligations survive termination of account for 5 years.
8.1 Platform "As Is": Platform provided "as is" without warranties of any kind. We do not guarantee uninterrupted access, absence of errors, or fitness for particular purpose.
8.2 Data Quality: While we implement quality controls, we do not warrant accuracy, completeness, or clinical validity of Medical Data. Verify data before clinical or commercial use.
8.3 Not Medical Advice: Platform is for research purposes only. AI models and analyses do not constitute medical advice, diagnosis, or treatment recommendations.
⚠️ CRITICAL: Do not use Platform outputs for direct patient care without independent validation by licensed healthcare professionals.
9.1 No Consequential Damages: AfriBiobank not liable for indirect, incidental, special, or consequential damages including lost profits, data loss, or research delays.
9.2 Liability Cap: Total liability limited to fees paid in preceding 12 months (or $100 for free tier users).
9.3 Exceptions: Limitations do not apply to (a) gross negligence or willful misconduct, (b) data breaches caused by our security failures, or (c) violations of data protection laws.
You agree to indemnify and hold harmless AfriBiobank, Contributing Institutions, and their affiliates from claims arising from:
11.1 Term: Agreement effective upon account creation and continues until terminated.
11.2 Termination by You: Cancel anytime via account settings. Access ends at current billing period.
11.3 Termination by Us: We may suspend or terminate accounts for (a) Terms violations, (b) non-payment, (c) fraudulent activity, or (d) legal compliance.
11.4 Effect of Termination: Upon termination, you must cease using Platform, delete downloaded data (unless published research), and return confidential information. Sections on confidentiality, IP, disclaimers, and liability survive termination.
12.1 Governing Law: These Terms governed by laws of Nigeria and applicable regional African laws (ECOWAS, AU conventions).
12.2 Dispute Resolution: Disputes resolved through:
12.3 Class Action Waiver: Disputes resolved individually, not as class actions.
Entire Agreement: These Terms, Privacy Policy, and Data Use Agreements constitute entire agreement.
Amendments: We may update Terms with 30 days' notice. Continued use constitutes acceptance.
Severability: Invalid provisions severed; remainder remains in effect.
No Waiver: Failure to enforce does not waive future enforcement.
Assignment: You may not assign without consent. We may assign to successors or affiliates.
Force Majeure: Not liable for failures beyond reasonable control (natural disasters, pandemics, internet outages, government actions).
Contact our legal team for clarification
legal@afribiobank.org
AfriBiobank Foundation, Lagos, Nigeria