Terms and Conditions

• "Analysis Tools" means the software, algorithms, and computational resources made available through the Platform, such as Pangolin, Nextclade, and UShER, used for processing and analyzing User Data.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, database rights, and other intellectual property and proprietary rights of any kind.
• "Platform" refers to the Pango.Network website, its subdomains, and all associated content, services, tools, and infrastructure.
• "Research Purposes" means non-commercial, academic, scientific, or public health research. This explicitly excludes any clinical, diagnostic, or commercial applications.
• "Results" means the output, reports, classifications, and any other data generated by the Platform from the processing of User Data.
• "User Data" means any and all genomic sequences, metadata, and other information or materials uploaded, submitted, or otherwise provided by a User to the Platform.

Pango provides the Platform and its Analysis Tools solely for Research Purposes. The Platform is designed to facilitate the genomic surveillance and analysis of SARS-CoV-2 and other pathogens for the benefit of the global scientific and public health communities.

We reserve the right to modify, suspend, or discontinue the Platform, in whole or in part, at any time, with or without notice to you. We will not be liable if, for any reason, all or any part of the Platform is unavailable. You acknowledge that the Platform is a dynamic research project and may be subject to frequent updates and changes.

IMPORTANT: The Results generated by the Platform are for informational and Research Purposes only. They are not intended for, and must not be used for, clinical or diagnostic purposes. Any clinical or treatment decisions should be based on independent, clinically validated testing and professional medical advice.

By submitting User Data to the Platform, you represent and warrant that:

• You are the owner of the User Data or have secured all necessary rights, licenses, consents, and permissions to submit the User Data and to grant the licenses set forth in these Terms.
• The User Data has been collected and handled in full compliance with all applicable laws, regulations, ethical guidelines, and institutional review board (IRB) requirements of its jurisdiction of origin and your own institution.
• If the User Data is derived from human subjects, it has been appropriately de-identified, and its provision to the Platform will not violate any privacy laws (such as HIPAA or GDPR) or any promises made to the research subjects. You bear the sole responsibility for ensuring such compliance.
• The User Data does not and will not infringe upon any third party's Intellectual Property Rights, privacy rights, or other legal rights.

To allow us to operate the Platform and advance open science, you grant Pango and its designated collaborators a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works of, analyze, publish, distribute, and otherwise exploit the User Data in any and all media or formats, now known or hereafter developed, for any purpose related to the mission of the Pango Network, including for Research Purposes, platform development, and public health reporting.

You acknowledge that this license is granted to facilitate scientific progress and that Results derived from your User Data may be made publicly available and incorporated into public databases. You waive any claim to confidentiality or privacy in the User Data you submit, subject to our obligations in the Privacy Policy.

Excluding the User Data you provide, the Platform and all its contents, features, and functionality are the exclusive property of Pango, its licensors, and the developers of the integrated Analysis Tools. This includes, but is not limited to, all software, source code, text, graphics, logos, and the "look and feel" of the site, which are protected by copyright, trademark, and other Intellectual Property Rights laws.

You may not copy, modify, distribute, sell, or lease any part of our Platform or its software, nor may you reverse engineer or attempt to extract the source code of that software, without our express written permission.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR RESULTS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER PANGO NOR ANY PERSON ASSOCIATED WITH PANGO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, PANGO DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS ANALYSIS TOOLS, OR THE RESULTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE RESULTS ARE FIT FOR ANY PARTICULAR PURPOSE, INCLUDING CLINICAL OR DIAGNOSTIC USE.

PANGO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PANGO, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY RESULTS OBTAINED FROM IT, OR ANY DECISIONS MADE IN RELIANCE ON SUCH RESULTS. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO PROFESSIONAL REPUTATION, OR ANY OTHER DAMAGES, EVEN IF FORESEEABLE.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

You agree to defend, indemnify, and hold harmless Pango, its affiliates, licensors, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your violation of these Terms; (ii) your use of the Platform, including any use of the Results; or (iii) your submission of User Data, including any claim that the User Data infringes upon the rights of a third party or violates any applicable law.

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by mandatory, binding arbitration in London, UK. The arbitration shall be administered by a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST PANGO ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

• Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Pango regarding the Platform and supersede all prior agreements.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will be enforced to the fullest extent.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Changes to Terms: We reserve the right to modify these Terms at any time. We will post the revised Terms on this page and update the "Effective Date." Your continued use of the Platform constitutes your acceptance of the revised Terms.