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Model Terms of Use
With the agreement of 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).
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. The modification of AGPLv3 terms is shown below in sections 1 to 11:
These Terms of Use shall be formally accepted by a Senior Responsible Officer (SR0) in your organisation as defined in our
Privacy Policy
.
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.
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.
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.
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.
Generalised Models are provided free of charge at the point of use.
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
Generalised Model users 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
.
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 and tools, the provenance of which may not be transparent, supported, or kept up to date
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
Generalised Models are protected by UK copyright law,
AGPLv3 and these Terms. U
sers 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.
To protect Generalised Models issued 'free to use' Model Users accept by completing the details below that they and their suppliers and customers become liable for a financial charge of £100,000 plus VAT if evidence arises that the Model, as defined in the Model Reference Number, has been adapted or resold for commercial gain. This penalty is payable to each Collaborator working to maintain t
he Model as defined in the M
odel R
eference N
umber.
Failure to pay such a charge within 30 days of its presentation, via an emailed invoice, may result in legal action without 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 '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.
N.B. To complete the form below you need to be a Senior Responsible Officer in your organisation that has permission from your Board to commit to a legally binding agreement on behalf of your parent organisation. You also need a CarefulAI reference number. If you do not have a CarefulAI Reference Number one you can apply for one via the Enquiry form at https://www.carefulai.com/about-us.html.
Details in Support of an Application to Use A Model
*
Indicates required field
Please state your CarefulAI Reference Number
*
Please specify the Model Reference Number you wish to access
*
Please specify the Use Case you have for the model, and your intentions for systems that it may be used within
*
Please specify what you will do to contribute to the models continued fitness for purpose in the Use Case you have described above. In particular detail how you will ensure its safe use and how you intend to measure the models accuracy, sensitivity and specificity per 1000 instances of it use.
*
Please specify how you will publish works (e.g. data, code, inputs, outputs, outcomes, research, reviews etc) derived from the models use so that they can be freely embodied into the model and its model label as described at
*
Please confirm that you, your customers and supplier commit to provide Model Feedback in the first week of every month via https://www.carefulai.com/model-feedback.html
*
I agree acting as SRO for my organisation to provide model feedback monthly
Please confirm that you accept the cost of collating evidence that supports the models maintenance and free distribution under the the terms described by you via www.carefulai.com/terms
*
I agree acting as SRO for my organisation that the model will be maintained
Please confirm that you accept the cost and liability for ensuring your organisation, its customers and suppliers are not seen to copy or embody the model or its inputs and outputs for commercial gain
*
I agree acting as SRO for my organisation to ensure the model and its inputs and outputs are not appropriated
Please confirm you agree to prominently display the models name and a link to https://www.carefulai.com/motives-and-models.html in any material that relates to the models use or function
*
I agree acting as SRO for my organisation to show the provenance of the model
Please specify the URL where your Privacy Policy associated with the models use is maintained
*
Please specify the URL where your Terms of Use associated with the models use is maintained
*
Please specify the URL where the DPIA and ROPA statements associated with the models use are maintained
*
Please specify the URL that names the Clinical Safety Officer(s) responsible for maintaining the DCB 0129/160 registers associated with the models use are maintained
*
Please specify the URL where the DCB 0129/160 Registers associated with the models use are maintained
*
Please confirm you fully accept the Model Terms of Use (embodied in the entire page at https://www.carefulai.com/terms.html) and your responses made via it take precedence over any others associated with a Model's use
*
I agree acting as SRO for my organisation that the terms and responses made via https://www.carefulai.com/terms.html take precedence over any other associated with a models use
Date in DD/MM/YY format e.g. 01/04/19
*
Submit
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.