Generalised ML/AI Model Terms of Use in The NHS

    With the agreement of NHS customers, a model CarefulAI has worked on, or agreed to curate, can be released free at the point of use (see the Models and Motives section of this web site e.g. the SISDA model). 

    In these cases work is generalised, so others can develop non commercial models for their specific scenarios, and contribute to a Generalised Models development. 

    The Terms under which such Generalised Models are released is based upon AGPLv3 (See https://opensource.org/licenses/agpl-3.0). These Terms are modified to enable Generalised models to be used in the NHS.  The modification of AGPLv3 terms is shown below:

    1. These Terms of Use shall be formally accepted by a Senior Responsible Officer (SR0) in your organisation as defined in our Privacy Policy. 
    2. These Terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. 
    3. You are prohibited from posting or transmitting via a model any unlawful, defamatory, obscene, offensive or scandalous material, or any material that constitutes or encourages conduct that would be considered a criminal offence, likely to give rise to civil liability, or otherwise violates any law.
    4. You shall fully co-operate with any law enforcement authorities or court order lawfully requesting or directing us to disclose the identity of any model user.
    5. Generalised Model Users and their partners (e.g. customers and suppliers) shall evidence their Privacy and Terms of Use policies and Data Protection Impact Assessments (DPIAs) and Records of Processing Activities (ROPAs) associated with a generalised models use.
    6. Generalised Models are provided free of charge at the point of use for the UK NHS only. Generalised Models users shall accept and evidence that they have managed the process of ensuring no Generalised Model is embodied or copied for use in commercial software or systems for re-sale inside or outside of the NHS.
    7. Generalised Model users accept that they shall accept full responsibility for loss or damage to any person, property or reputation as a result of using any part of models released under these Generalised Terms of Use. A condition of use of a Generalised Model is that they are used entirely at the users own risk, and the User shall indemnify CarefulAI in full in respect of all liabilities, costs, damages, losses or expense (including any direct, indirect consequential losses, special damages, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) incurred or suffered by or imposed upon the Generalised Model User, whether arising out of or in connection with such users's rights granted to it under AGPLv3 and these Terms, or their breach or negligent performance or non-performance of this Licence, and the enforcement of AGPLv3 and these Terms.
    8. Generalised Model Users accept that no warranties are provided with Generalised Models implied or otherwise, and that to make a model generalisable it is necessary to incorporate open source software, the provenance of which may not be transparent, supported, or kept up to date
    9. Generalised Model Users shall accept that Generalised Models are not guaranteed safe to use in a clinical or other environment, and that they should make their own assessment of the suitability of a models fitness for use, and apply standards e.g. DCB0129/160 
    10. Generalised Models are protected by UK copyright law, AGPLv3 and these Terms. Users agreed to transfer copyright of materials derived from the Generalised Model back into the the Generalised Model at no cost: so that it can continue to be released free of charge at the point of use for the UK NHS
    11. ​To encourage and protect Generalised Models issued free to use under an AGPLv3 licence, the evidence provided below will monitored.  Any Generalised Model user that fail to maintain the APGPLv3 licence and supporting evidence could damage the reputation of organisations collaborating to maintain a Generalised Model.  Users who cause such a damage will become liable for a financial charge of £100,000 plus VAT.  This is payable to each Collaborator working to maintain a Generalised Model   Failure to pay such a charge within 30 days of its presentation, via an emailed invoice, may result in legal action without any further notice.

    By completing the form below you agree to the Generalised Model Terms of Use shown in articles 1 to 11 above as a Generalised Model User. 

    Once you have accepted these Generalised Model Terms of Use the information submitted will be considered as formal request for model access.  Requests for model access are processed within 15 days of submission. 

    Clarifications with regard to requests for Generalised Model access are managed via this page.    To speed up potential access, please be as detailed as possible in your submissions below.                 
    Max file size: 20MB
Once you have submitted your responses to this form, a copy will be returned to you via the email you shared in the Contact Us section of this web site.