Terms of Use

We are delighted that you show interest in our website and services. Please read these Terms of Use carefully because they are a binding agreement between You and ZMT DataCloud’s hosting institution.


1. Preliminary statement

The ZMT DataCloud is a file hosting service operated by the Leibniz Centre for Tropical Marine Research (ZMT). It aims to enable data sharing and collaborative work in on-going research projects for ZMT’s tropical research community.


2. Scope of application

These terms of use govern the provisions of the services and the use of these services offered through the ZMT DataCloud platform to their users. The use of the services on the platform is governed exclusively by these terms of use, unless ZMT DataCloud expressly draws the attention of the user to any supplemental terms.

The user can view and print out the currently valid terms of use on the ZMT DataCloud Documentation website.


3. Subject Matter of the Agreement

ZMT DataCloud provides a platform at datacloud.leibniz-zmt.de for individual scientists within on-going research projects with ZMT’s involvement. The system is operated in the sense of the Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities, which is a follow up to the Budapest Open Access Initiative. ZMT DataCloud is entitled to change the service provided at any time, due to review of service performance for technical or structural reasons. Within the scope of the technical and operational possibilities, ZMT DataCloud tries to ensure that the use of the services is as uninterrupted as possible. However, technical faults, such as hardware and software errors, technical problems in the data lines, temporary restrictions or interruptions may occur.

Currently, the ZMT DataCloud service includes:

  • Data storage: ZMT DataCloud offers the service to store data related to on-going research projects with ZMT’s involvement.

  • Metadata Preparation: Following the goal of FAIR principles, ZMT DataCloud provides a template to prepare the metadata for the stored research data.

  • Data Sharing: ZMT DataCloud enables defined research groups to work collaboratively on their data by allowing multiple users to access the same folders in the ZMT DataCloud file storage system.

Access to the service is primarily granted on a project-level, that is, access is time-limited until a project ends. The ZMT DataCloud further provides this service to ZMT working groups for collaboration in non-project specific cases with a limited storage.

The DataCloud service are implemented using the licensed open source product OwnCloud, of which the license is avilable on the respective service platform.


4. Registration and Conclusion of a contract

Users with a ZMT contract can automatically access the ZMT DataCloud service with their ZMT credentials. By using the ZMT DataCloud, the user agrees to these Terms of Use.

User registration for the ZMT DataCloud service for project partners without ZMT contract follows a model of “trust propagation”. That is, in order to use the service, a new user will have to be suggested by a “trusted user” at ZMT, usually a ZMT working group leader. Users registered for ZMT DataCloud access can receive access for other ZMT’s Research Data services on-demand.

“The newly suggested user will be required to register and provide the following data (“login data”): e-mail-address, first and family name as well as a unique password. Additionally, the following data may also be required to allow easier communication and user statistics: birthday and birth place, organization (e.g. research institution), country of residence and telephone number. ZMT DataCloud reserves the right to verify personal data via appropriate means, e.g. a video call. The service can be used by any researcher who has understood, accepted and approved these terms of use and is at least 18 years of age.”

By completing the online registration process, a contract of use is concluded between the user and ZMT subject to these terms of use. The subject of the contract of use is the use of the services via the platform datacloud.leibniz-zmt.de.

There is no claim to the use of the services available via the ZMT DataCloud; therefore, the user registration can be rejected without giving reasons.

The user is obliged to handle the login-data with care. In particular, the user is prohibited from disclosing the login data to third parties and/or allowing third parties to access the service via the ZMT DataCloud by bypassing the login data. ZMT may disable the user’s login-data at ZMT’s sole discretion without notice or explanation.

If the user breaches the obligations under the preceding paragraph and his login-data is used by third parties, the user is liable for all activities that take place using the login data. The user is not liable if the user is not responsible for the abuse of the login data. The user shall immediately notify ZMT’s Research Data Service of any unauthorized use of the login-data or any other breach or threatened breach of the security on the ZMT DataCloud platform.

The user assures that the login data used are correct. The user shall inform ZMT’s Research Data Serivice of any updates or changes to such login-data as soon as possible.

Contract language is exclusively English.


5. Conditions of Use

ZMT DataCloud provides different services via the datacloud.leibniz-zmt.de platform as defined in section 3.

ZMT DataCloud provides tools for upload of the user’s research contents - within the scope of these terms of use. Research contents mean material including and without limitation research data such as numerical values, text, images, audio and video materials. The uploaded research contents have to match the specific intended research context with the strict research orientation of the project with ZMT’s involvement and fully comply with the relevant national and European legal framework for biological environmental and geospatial research data like e.g. the Nagoya Protocol.

The fair use for the ZMT DataCloud platform includes:

  • ZMT DataCloud is entitled to enforce fair use of the provided services at anytime based on usage statistics by e.g. process priority, quota adjustments or other limitations.

  • The current limits are subject of available software and hardware resources.

ZMT DataCloud does not assume any responsibility for the uploaded research contents and metadata (contents) - no matter what kind. The user is solely responsible for the contents and undertakes to ZMT DataCloud not to upload any contents which, by its content or its form or design or in any other way violates applicable law, morality or these terms of use, is free from third-party rights, i.e. do not violate the rights of third parties and that the user is authorized to use these contents. In particular, it is not permitted to upload and publish the following contents, which are not to be understood as a final list:

  • contents violate the rights of third parties, in particular personal rights, copyrights, trademark rights and design rights;

  • contents are or contain commercial advertising;

  • contents which are threatening, degrading, insulting, slanderous or untrue,

  • contents which are pornographic, vulgar, obscene, offensive, harassing, discriminatory or glorify violence;

  • contents with depictions of violence;

  • contents which contain propaganda material of unconstitutional organizations or are inflammatory, anti-constitutional, racist or xenophobic.

ZMT DataCloud can temporarily or permanently block or rather delete the user’s access to the services at the ZMT DataCloud platform, if there is concrete evidence that a user is violating these terms of use or the applicable law or if ZMT DataCloud has any other justified interest in blocking or deleting.

ZMT DataCloud may delete some or all the contents the user uploaded on the ZMT DataCloud platform without notice. The prerequisite for this is that there are concrete indications that the user have violated applicable law, good morals, these terms of use or third party rights, such as copyrights.


6. Rights of Use

By receiving a ZMT DataCloud account users are granted the right to access and use the service for the purpose of storing, managing and sharing their scientific files.

By using the ZMT DataCloud service, the users acknowledge their responsibility to comply with applicable laws and with rules of Good Scientific Practice.

Users are obligated to respect the intellectual property rights of others. Usage of the ZMT DataCloud service is prohibited in manner that violates intellectual property rights.

When using the DataCloud service, users retain their ownership of the uploaded content unless defined differently by contract between ZMT and the user.


7. Protection of Content/Responsibility for Content

The research content available on the ZMT DataCloud platform is primarily protected by the copyright or other property rights of ZMT DataCloud, the users or other third parties who have made the respective content available. This content may only be used in accordance with these terms of use and the applicable law.

ZMT DataCloud does not check the completeness, accuracy and legality of the research contents of the users and other third parties. ZMT DataCloud therefore assumes no responsibility for the completeness, accuracy, legality and topicality of these research contents. This also applies to the quality of the research contents and their suitability for a specific purpose, and insofar as it concerns third party contents on linked external websites.

8. Handling of Sensitive, Personal Research Data

  • Responsibility and Sensitivity: Users of the cloud services at our research institute are required to ensure a responsible and sensitive handling of personal research data. This includes the careful collection, storage, processing, and transfer of such data.

  • Compliance with Data Protection Regulations: All users must strictly adhere to applicable data protection laws and regulations, including the EU General Data Protection Regulation (GDPR) and other relevant national data protection laws. It must be ensured that personal data is used only for the intended research purpose and that all necessary consents from the data subjects are obtained.

  • Data Security: Sensitive personal research data must be protected by appropriate technical and organizational measures to prevent unauthorized access, loss, alteration, or disclosure. This includes regular security audits, and the implementation of access control mechanisms.

  • Access Controls: Access to personal research data should be strictly controlled and granted only to authorized individuals. Users must ensure that access rights are regularly reviewed and updated to ensure that only authorized personnel have access to sensitive data.

  • Data Minimization: Only the minimum necessary personal data should be collected and processed to achieve the research purpose. Users are encouraged to regularly review all stored data to ensure that only necessary data is retained and unnecessary data is deleted.

  • Transparency and Data Subject Rights: Users must ensure that data subjects are informed about the collection and processing of their personal data. This includes information on the purpose of data processing, retention periods, and the rights of data subjects, including the right to access, rectify, delete, and object to the processing of their data.

  • Incident Management: In the event of a data protection incident resulting in the loss, unauthorized disclosure, or alteration of personal data, users must promptly take measures to address the incident and prevent further harm. Additionally, the relevant data protection authorities and affected data subjects must be promptly informed.|


9. Privacy Policy

The current ZMT Privacy Policy applies to the ZMT DataCloud service.


10. Liability Disclaimer

ZMT maintains the provided service of file hosting in the ZMT DataCloud to the best of its ability with regular backups and periodic checks. ZMT does not hold responsibility for system failure caused by unforseeable events, such as e.g natural disasters or cyber attacks. Users are responsible for taking appropriate measures to protect their files: We encourage ZMT DataCloud users to create regular own backups.

The service available on the ZMT DataCloud platform provided by ZMT was created with best care and attention and will be updated on a regular basis. ZMT DataCloud does not accept liability for the quality, topicality or completeness of the service offered on the ZMT DataCloud platform and their suitability for specific purposes. Liability claims which refer to material and/or non-material damage, which are caused by the use or disuse of the offered service provided on the ZMT DataCloud platform respectively the use of inaccurate and incomplete contents are excluded, insofar as there is no evidence of willful or gross negligence on the part of ZMT DataCloud. All offers are non-binding and without obligation. For damages resulting from slightly negligent violations of essential contractual obligations, the liability is limited to typical or foreseeable damages. The above limitations of liability also apply in the event of breaches of duty by the legal representatives, senior employees, or vicarious agents of ZMT DataCloud. ZMT DataCloud is liable for damages resulting from injury to life, body or health, which are based on a willful and negligent breach of duty, as well as for damages according to the Product Liability Act without limitations.

ZMT DataCloud does not guarantee that the ZMT DataCloud service is compatible with the hardware and software of the devices of the user. In addition, ZMT DataCloud does not guarantee that this content is available at any time or at certain times without restriction or that it meets certain performance or functional requirements.


11. Termination of Use

The access is typically granted until the completion of a project, but it may be terminated earlier, for instance, if the user departs the project prematurely. Further, ZMT reserves the right to terminate users’ access to the ZMT DataCloud service without notice if users violate the existing terms of use.


12. Amendment of the Terms of Use

ZMT DataCloud is entitled to amend or supplement the provision of these terms of use at any time with effect for the future, if this is required due to legal or functional adaptations of the ZMT DataCloud service, for example in the case of technical changes.

An amendment or supplement shall be notified to the user by e-mail at the latest six weeks before its entry into force, without the need to send the details of the amended or supplemented conditions or the overall revision of the conditions; it shall suffice to inform the user of the amendments and supplements made. In the announcement, ZMT DataCloud will provide a link under which the new version for the terms of use can be viewed in its entirety.

If the user does not object to the amendments and supplements within 30 day of the announcement of the amendments and supplements and continues to use the service, this shall be deemed to be agreement with the amendments and supplements; ZMT DataCloud will point this out separately in the announcement.


13. Final Provisions

Should any provision of these terms of use be or become ineffective, this shall not affect the validity of the remaining provisions.

These terms of use are subject to German law. The place of jurisdiction for all disputes arising from these terms of use is, as far as legally permissible, Bremen.

Bremen, September 2024