NMRtist Terms of Use
Last updated: 01.04.2025
These terms and conditions (“Terms”) govern the access to and use of Bruker’s NMRtist platform ("Platform") and any services or applications owned, controlled, or offered by Bruker Switzerland AG, Industriestrasse 26, 8117 Fällanden, Switzerland ("Bruker"), in connection with the Platform (such services or applications as described in more detail in Section 1 below, collectively the "Services") by users ("Users") who have been duly authorized by the relevant Bruker institutional customer ("Institution”) and who have created an account on the Platform.
By scrolling through these Terms and clicking on the “I agree” box or otherwise accessing the Platform or using the Services in any manner, User confirms its agreement to these Terms, which form a contract between Bruker and the User. The Terms are the only terms and conditions which apply to the User’s use of the Platform or the Services, unless Bruker expressly agrees otherwise in writing. If User does not agree to these Terms, or has not been authorized by their Institution, User must not access or use the Services.
The failure of either party to exercise or enforce any provision within the Terms shall not constitute a waiver of such right or provision or any other provision of the Terms or otherwise affect the rights of such party.
All notices must be made in writing or text form (e.g. by e-mail) to the contact indicated in the Platform’s imprint (for notices to Bruker) or to the contact indicated within User’s account information (for notices to the User), unless specified otherwise in these Terms.
1. DESCRIPTION OF SERVICES
The Platform provides three primary functionalities (the “Services”):
(a) ARTINA Peak Picking: Uses a deep convolutional neural network to detect signal positions in NMR spectra. Outputs include peak lists in Sparky (.list), XEasy (.peaks), and CSV formats. The application also verifies spectrum referencing.
(b) ARTINA Chemical Shift Assignment: Performs automated shift assignments using detected signals from peak picking. Outputs include protein chemical shifts (*.prot) and peak lists.
(c) ARTINA Structure Determination: Provides end-to-end protein structure solving, generating peak lists, chemical shift lists, distance restraints (.upl), and protein structures (.pdb).
A User is able to use the Services to perform the above calculations based on customer data sets uploaded by the User to the Platform. The User can thereafter access the results (the "Results") of the calculations by means of upload and download functions on the Platform.
The Platform is operated in accordance with the current technological standards in the online services industry. Bruker may temporarily restrict the Services if it deems it to be necessary, including with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures, maintenance, updates or upgrades relating to the Platform or the Services.
2. CREATING AN ACCOUNT AND ACCESSING THE SERVICES
A User may use the Services only in compliance with all applicable laws and regulations. The Services offered on the Platform are intended for commercial customers only. Bruker refuses to conclude these Terms with private individuals acting as consumers, and any request received by Bruker via the Platform (e.g. for activating a User account based on these Terms) is only valid if it originates from a natural or legal person with legal capacity in the exercise of its commercial or independent professional activity and fulfils the requirements of the next paragraph. Any individual (e.g. employee) who creates or uses an account on behalf of a business entity, represents and warrants that he or she is duly authorized to act on behalf of such business and to bind the business to these Terms.
All Users (including Trial Users as provided below) must register by creating an account on the Platform and provide certain information about themselves. User represents and warrants that the registration information they provide is accurate and complete, and User shall not misrepresent personal information or otherwise be untruthful about its identity in connection with the use of the Services. Users must update such information without undue delay to ensure that it remains accurate and complete.
As a condition to using the Services (except as provided below for Trial Users who only have limited access to the Platform), the User’s Institution must first have paid the annual subscription fee in advance via Bruker’s webshop. The User must thereafter use their subscription key to activate their account and gain full access to the Services following the instructions on the Platform. The date of commencement of the Services is the date of delivery of the subscription key. Only registered Users who have activated their account may use the Services. Bruker reserves the right to delete incomplete registrations after a reasonable time and to deny registration for any reason (e.g. failure of User’s Institution to pay the subscription fees or if a User or their Institution fails to pass Bruker’s compliance checks) or no reason.
User is solely responsible for the activity that occurs on its account. User must keep its account password secure and not share it with any third party. User must notify Bruker immediately of any breach of security or unauthorized use of User’s account. Bruker will not be liable for any losses caused by any unauthorized use of User’s account and Bruker reserves the right to suspend or close User’s account at any time if Bruker suspects such unauthorized use. Users are not allowed to transfer their account to any third party or to use their account on behalf of a third party, including but not limited to affiliated companies of the User.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between Bruker and any User.
3. CONTENT
"Content" means text, information, Results, images, photos, audio, video, location data, and all other forms of data or communication.
"User Content" means Content that any User submits or transmits to, through, or in connection with the Platform or the Services, except for User Feedback.
Bruker Content. Except for User Content posted on the Platform, User agrees that the Platform and all software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs and other content within the Platform and all intellectual property rights in the foregoing (including without limitation rights to its design, software, any associated documentation, modifications and improvements made by any party) (collectively, the "Bruker Content") are the exclusive property of Bruker and its licensors or third-party service providers. Except as expressly provided herein, nothing in these Terms shall be deemed to create a license to Bruker Content. Use of the Bruker Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Bruker license to User. Subject to the terms and conditions of these Terms, Bruker grants User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Platform, including accessing and viewing Bruker Content, for the purposes of using the Services. Except for the rights and licenses expressly granted herein, Bruker reserves all other rights, and no other rights are granted by implication or otherwise.
User license to Bruker. User grants Bruker an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, sublicensable (through multiple tiers) license to use all User Content that User owns or uploads on the Platform for the sole purposes of providing the Services. User shall be solely responsible for the legality, accuracy, integrity, quality, reliability, appropriateness, and right of use of all User Content it owns or uploads on the Platform. User may not imply that its User Content is in any way monitored, verified or endorsed by Bruker.
Archiving obligation; Deletion of Content. Users must archive on a regular basis (not less frequently than once per week) on a storage medium outside the Platform any User Content and Results stored on the Platform and which they may need as evidence, for recordkeeping or any other lawful purposes. Bruker reserves the right to delete any Results provided through the Platform after three (3) months from the date of generation of such Results.
4. SECURITY, CONFIDENTIALITY AND PUBLICATION OF RESULTS
Bruker takes reasonable, industry-standard precautions to ensure the security of User Content and login credentials. Data is stored in the EU/EEA and/or Switzerland, is encrypted in transit and at rest, and maintenance and support are provided from within the EU/EEA and Switzerland.
Bruker will not access, view, share or use any Results generated by the Platform unless and to the extent User requests Bruker to do so (e.g. for troubleshooting purposes), and all rights related to the Results remain vested in the relevant User.
The User agrees to include the following literature citation in all scientific publications of results obtained with the use of the software: "Klukowski, P., Riek, R. & Guntert, P. Rapid protein assignments and structures from raw NMR spectra with the deep learning technique ARTINA. Nature Communications 13, 6151 (2022)".
5. PERSONAL DATA PROTECTION / PRIVACY
For the purposes of this clause the terms "Personal Data" means any information that relates to an identified or identifiable living individual. While using the Platform, the User will upload certain Personal Data in the Platform to activate its account. Personal Data may include User’s user name, password, first name, last name, business e-mail address, position, affiliation (Institution), for each login: date of last modification, web browser used, browser version, and User’s IP address. Bruker collects and stores such Personal Data to create and maintain the User account, to enable communications with Users to inform them about changes to the Platform, maintenance downtime, and other communications strictly related to the Platform operation, to maintain the Platform, to solve bugs and issues with the software. In the countries where marketing opt-in is required, User’s Personal Data will not be used by Bruker for marketing purposes unless User has specifically consented to receiving marketing communications from Bruker.
User acknowledges that certain Personal Data will be shared by Bruker with third party service providers who enable specific functionalities of the Platform. Some of these providers may be based outside the Users’ country and may not provide to the same level of protection of Personal Information. In such cases, and where required by the applicable data protection law, Bruker has entered into contractual agreements with its providers, i.e., the standard contractual clauses for data transfers between EU and certain non-EU countries, to ensure adequate protection to Personal Data according to art. 46 of the GDPR and of art. 16 of the Swiss Federal Act on Data Protection. By accepting these Terms, the User agrees to the international transfer of their Personal Data outside the country where it is located, including the United States of America.
In the case of any privacy-related question, Bruker’s Privacy Office can be reached at privacy@bruker.com. Bruker’s privacy notice and data subject request process are available at https://www.bruker.com/en/legal/privacy-policy.html.
6. USER FEEDBACK REGARDING PLATFORM
By sending Bruker any ideas, suggestions, documents or proposals ("User Feedback"), User agrees that (a) User Feedback does not contain the proprietary or confidential information of third parties, (b) Bruker is under no obligation of confidentiality, express or implied, with respect to the User Feedback, (c) Bruker may already be in possession of information similar to the User Feedback already under consideration or in development, and (d) User grants Bruker an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the User Feedback. User irrevocably waives, and will cause to be waived, against Bruker any claims and assertions of any moral rights contained in such User Feedback.
7. RESTRICTIONS ON USE OF THE PLATFORM
User agrees that it will not engage in any of the following prohibited activities: (a) use any robot, spider, scraper or other automated means to access the Service for any purpose without Bruker’s express written permission; (b) take any action that imposes or may impose (in Bruker’s sole discretion) an unreasonable or disproportionately large load on Bruker’s infrastructure; (c) copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (other than Content User has submitted on the Platform) from the Platform, any software code that is part of the Platform, or any services that are offered on the Platform without Bruker’s express written permission; (d) interfere or attempt to interfere with the proper operation of the Platform or any activities conducted thereon; (e) bypass any measures Bruker may use to prevent or restrict access to the Platform or any subparts thereof including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein; (f) transmit spam, chain letters, or other unsolicited communications; (g) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; (h) upload invalid data, viruses, worms, or other software agents through or to the Platform; (i) collect or harvest any personally identifiable information, including account names, from the Platform; (j) access any content on the Platform through any technology or means other than those provided or authorized by the Platform; (k) misrepresent User’s affiliation with a person or entity, (l) carry out any fraudulent activities, (m) hide or attempt to hide User’s identity; (n) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products or services; or (n) send or upload infringing, obscene, threatening, libellous, or unlawful data, including material in violation of third-party intellectual property rights; (o) transfer, post, upload, or otherwise provide any User Content onto or via the Platform that is listed or otherwise controlled on or through any Export Control List (“Export-Controlled Content”); (p) copy, modify, decipher, decompile, reverse engineer or create derivative work of the software used on the Platform; or (q) carry out any illegal activities in connection with the Platform.
8. THIRD PARTY LINKS
The Platform may contain links to third-party websites or services that are not owned or controlled by Bruker. Bruker does not assume any responsibility for any such third-party sites, information, materials, products, or services.
If User accesses a third-party website from the Platform, User does so at its own risk. User understands that these Terms do not apply to User’s use of such sites, and it will comply with the terms and conditions of use applicable to such third-party site. Bruker does not give any warranty of any kind with regard to third-party products or services. Bruker is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
9. WARRANTIES AND LIMITATION OF LIABILITY
BRUKER USES REASONABLE EFFORTS TO ENSURE THAT THE PLATFORM FUNCTIONS AS STATED, BUT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRUKER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, ACCURACY, FITNESS FOR PURPOSE OR RELIABILITY OF ANY RESULTS OR OTHER OUTCOME OF THE SERVICES. EXCEPT FOR THE UPTIME GUARANTEE AND BRUKER’S OBLIGATIONS ARISING FROM APPLICABLE DATA PROTECTION LAWS, BRUKER IS NOT LIABLE TO USER FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE PLATFORM'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE PLATFORM MAY BE MODIFIED OR UPDATED AT ANY TIME WITHOUT NOTICE OR LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THESE TERMS, IN NO EVENT WILL BRUKER BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF CONTRACTS, LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ALSO APPLY FOR THE BENEFIT OF BRUKER AFFILIATES, SUPPLIERS, LICENSORS, SUBCONTRACTORS, AND BRUKER’S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES.
THE LIMITATIONS OF LIABILITY SHALL NOT APPLY IN CASE OF GROSS NEGLIGENCE OR WILFUL DEFAULT.
10. INDEMNITY
User agrees to indemnify, defend, and hold Bruker, its affiliated entities, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Bruker Indemnitees") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) User’s access to or use of the Platform or the Services and (ii) User’s violation of these Terms, or (iii) the infringement by User, or any third party using User’s account, of any intellectual property or other right of any person or entity. Bruker reserves the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to indemnify Bruker Indemnitees and User agrees to cooperate with Bruker Indemnitees’ defense of these claims. User agrees not to settle any such matter without the prior written consent of Bruker. Bruker will use reasonable efforts to notify User of any such claim, action or proceeding upon becoming aware of it.
11. COMPLIANCE WITH LAW AND EXPORT CONTROLS
Each User is liable for compliance with all applicable laws and regulations.
Each User acknowledges, understands, and agrees that (i) the Platform’s IT infrastructure may be partially or fully located outside such User’s geographic region, and (ii) transferring, posting, releasing, uploading, or otherwise providing any User Content onto or via the Platform, or through any other medium, may (A) constitute an “export” under U.S., EU, or other applicable export control, sanctions, or import laws and regulations as may from time to time govern the export, import, and other transfer of products, technology, data, and software (each a “Trade Control Law,” and collectively, the “Trade Control Laws”), and (B) require a prior license, other authorization, or notification under any applicable Trade Control Law. Each User agrees to comply with all applicable Trade Control Laws. In particular, each User agrees not to provide any Export-Controlled Content via the Platform, or otherwise, under these Terms. Further each User acknowledges and agrees that under these Terms no Content may be exported, re-exported, or otherwise transferred, released, or otherwise provided (i) to anyone in an embargoed destination, including Crimea, Iran, North Korea, Cuba or Syria, or to any government official from any such embargoed destination, (ii) to anyone on, or owned or controlled by anyone on, any applicable sanctions list published by the U.S., the UN, the EU or the OSCE (including the Specially Designated Nationals and Blocked Persons List, the Entity List, the Unverified List, and the Denied Persons List)(each, a “Sanctions List”), or (iv) for a prohibited end-use such as for (A) a military intelligence end-use or end-user in Burma (Myanmar), Cambodia, China (incl. Hong Kong), Russia or Venezuela, or (B) any purpose connected with human rights abuses or the research on, or the design, development, production, delivery, operation, maintenance, dissemination, repair, overhaul, refurbishing, or any other use of chemical, biological, or nuclear weapons, missiles, rocket systems, or unmanned aerial vehicle systems, including but not limited to biological or chemical agents intended for warfare. The Platform may only be used for peaceful, non-military end-uses. The obligations contained in this Section shall survive the termination of these Terms. In addition to any other remedy it may have, Bruker may suspend or cancel the use of the Platform and the provision of any related services if (i) Bruker has not received all export-related certifications requested by Bruker, (ii) Bruker has not received the governmental approvals that Bruker deems to be required, (iii) a party is listed on (or owned or controlled by anyone on) any Sanctions List, or (iv) Bruker believes, in its sole discretion, that such activity may violate any Trade Control Law or Bruker’s own compliance policies. Each User is solely responsible for compliance with the Trade Control Laws, including obtaining any necessary license or other authorization, with respect to any Content it provides to other Users, Bruker, or any other person through the Platform. Bruker shall not be liable to any User for any loss, cost, or expense in connection with the compliance with, or any violation of, any Trade Control Law.
12. CHANGES TO THE TERMS
Bruker may, in its sole discretion, propose changes of these Terms to the Users at any time. Changes to these Terms will be offered to each User by any of the following means: (a) explicitly submitting them for prompt approval in a click-through process with immediate effect, or (b) by prominently posting a notice of such changes on the Platform, or (c) sending an e-mail notice describing the changes. In the case of (b) and (c) above, such notice shall be given at least 30 days before the proposed date of their coming into effect, and the User shall be deemed to have given its consent if it does not notify Bruker by email of its refusal before the proposed date on which the changes will take effect. If the User does not agree with the changes, it also has the right to terminate its account without notice. Bruker will inform the User again about the right of rejection and the possibility to terminate User’s account when proposing any changes to the Terms. The amended Terms will also be published on the Platform and Bruker will update the 'last updated' date at the top of these Terms accordingly. If the User does not consent to the changes, it must not continue to use the Platform.
13. INTERVENTION, DEACTIVATION AND TERMINATION
Depending on the nature of the infringement, Bruker may take any measures which in its sole discretion are appropriate in the circumstances if there are indications that a User is violating applicable laws, third-party rights or these Terms, or if Bruker has any other legitimate interest in the matter, in particular to protect Users from fraudulent activities on the Platform, including without limitation restricting the use of the Services, or suspending a User’s account.
BBIO may terminate a User’s account on seven (7) days’ notice and permanently exclude such User from using the Services, if such User:
· transfers its account to a third party or gives a third party access to it;
· has violated these Terms, or
· there is another important ground for termination.
Bruker may deactivate a User account if the account has been inactive for a period of 12 months or longer (i.e. no order or login activity took place via the account) and User does not resume using the account despite Bruker’s notice of the planned account deactivation.
User may terminate its account at any time by deactivating its account on the Platform, but without any right to reimbursement of any subscription fees, except in case of termination due to breach by Bruker.
14. INVOLVEMENT OF AFFILIATES AND THIRD PARTIES
Bruker may involve affiliated companies of the Bruker group and/or third-party consultants and service providers for the purpose of operating, managing and improving the Services and the Platform or exercising Bruker's rights under these Terms.
Bruker is entitled to transfer its rights and obligations under these Terms in whole or in part to a third party with a notice period towards the Users of thirty (30) days.
15. SEVERABILITY
If any provision of these Terms shall be held to be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these Terms that are not included or are invalid. If there is no statutory law covering the respective case (gap in legislation) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
16. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties respecting User’s use of the Platform and Services and supersede any prior written or oral agreements between the parties on the same matter.
17. JURISDICTION AND CHOICE OF LAW
Swiss law will govern these Terms and their interpretation, as well as any claim, cause of action or dispute that might arise between User and Bruker in relation to the Terms, without regard to conflict of law provisions. For any contractual or non-contractual claim brought by either party in connection with the Platform or Services, User agrees to submit and consent to the exclusive jurisdiction in, and the exclusive venue of the Commercial Court of Zurich, Switzerland.
Special Terms for Trial Users
1. SCOPE AND PURPOSE
(a) Bruker may offer a limited-time trial of the NMRtist Platform to Users (“Trial Users”) before their Institution has purchased a license for such Trial User.
(b) Before accessing the Platform, Trial Users must accept the User Terms and Conditions, including these Special Terms for Trial Users. In case of conflict, these Special Terms shall take priority over the User Terms and Conditions.
(c) Trial Users acknowledge that access to certain features may be restricted during the specified Trial Period.
2. RESTRICTIONS & LIMITATIONS
(a) Trial User access is granted at Bruker’s discretion and is for evaluation purposes only and such access shall not be used for commercial purposes.
(b) Trial Users are prohibited from:
o Sharing their trial access credentials with third parties.
o Attempting to circumvent any usage restrictions imposed by Bruker.
3. DURATION & SUBSCRIPTION REQUIREMENT
(a) The trial period (“Trial Period”) shall be specified by Bruker at its sole discretion.
(b) In order for the Trial User to continue using the Platform after the Trial Period and gain full access, the User’s Institution must pay the annual subscription fee covering the relevant User.
4. TERMINATION OF TRIAL ACCESS
(a) Bruker may terminate trial access:
o without further notice at the end of the Trial Period if the User’s Institution has not paid the annual subscription fee covering the relevant User;
o on 7 days’ prior notice, in case a User has not actively used the trial access during the prior 30 days;
o at any time, for cause.
(b) Upon termination, the User will no longer be able to access the Platform or retrieve any data which has been uploaded during the Trial Period.
(c) Bruker is not responsible for any data uploaded to the Platform or for any loss of data. Trial Users must export their data before the end of the Trial Period.
5. NO LIABILITY
(a) During the trial period, the Platform and any services are provided “as is”, at the Trial User’s sole risk. To the maximum extent permitted by applicable law (a) Bruker does not give any warranties regarding the availability, accuracy, or performance of the Platform during the Trial Period; and (b) Bruker shall not be liable for any damages of any kind (whether direct or indirect) in connection with a Trial User’s use of the Platform.