Terms and Conditions

openJII Terms of Use

These terms of use (the Terms) govern access to and use of the openJII open science platform operated by the Jan IngenHousz Institute (JII). Upon creation of an account or upon use of the Platform, the User (as defined below) agrees to be bound by these Terms on behalf of itself or on behalf of the institution or organization the User is affiliated with and “the User” shall refer to that entity.

Last updated December 5, 2025

1. DEFINITIONS

Affiliate means any entity that controls, is controlled by, or is under common control by JII;
Data means datasets, metadata, documentation and other information made available on or through the Platform;
Dataset means a distinct collection of Data identified on the Platform;
EU GDPR means the General Data Protection Regulation (EU) 2016/679;
Feedback means feedback, suggestions, or ideas used as a basis for improvement;
Personal Data has the meaning given in the GDPR;
Platform means the openJII website and the openJII application and any services, APIs, repositories, databases, tools or other related infrastructure operated by JII;
Security Incident means an incident of confirmed unauthorized access to, or disclosure of, data within our systems that compromises confidentiality, integrity, or availability;
Special Category Data has the meaning given in GDPR Article 9;
User(s) means any user of the Platform; and
User Content means any content uploaded, submitted, published, or otherwise made available through the Platform by a User, including datasets, code, documentation, metadata, workflows, and comments.

2. PURPOSE AND SCOPE

The Platform is a research-driven, open science platform designed to advance scientific knowledge through open access, international collaboration, and adherence to FAIR data principles. The Platform supports the publication, sharing, discovery, analysis, and long-term preservation of research outputs, including datasets, code, protocols, documentation, and metadata free of charge. These Terms apply to all use of the Platform, e.g. browsing, accessing content, uploading or contributing content, use of APIs, and participation in community features.

3. ELIGIBILITY AND ACCOUNTS

Upon creation of an account on the Platform, the User agrees to provide accurate information, maintain the security of their credentials, and promptly update their details upon change. The User is responsible for all activities conducted under their account.
Former Users of the PhotosynQ platform may migrate their existing datasets to the Platform. Existing publicly available PhotosynQ community data will remain public after migration unless the original license or applicable law prevents this. Users remain responsible for the lawfulness of migrations and for maintaining up‑to‑date consents and licenses for migrated content.

4. RESEARCH ETHICS GUIDELINES

Prior to uploading User Content, the User must obtain and maintain all approvals required for the publication of such content on the Platform. The User must document approvals and make written evidence available if requested.
The User must identify and mitigate risks associated with Special Category Data, cybersecurity-relevant information, or research that could reasonably be misapplied (dual-use). Where required, the User must apply access controls, embargoes, or controlled distribution.
The User may not engage in fabrication, falsification, plagiarism, deceptive data manipulation, or undisclosed conflicts of interest. The User must maintain provenance, version histories, and complete methodological documentation to support reproducibility.
JII may request documentation and may review or audit compliance with these Research Ethics Guidelines and other Terms.

5. USER CONTENT AND INTELLECTUAL PROPERTY

Ownership and License of the Platform

JII retains all rights, title and interest in and to the Platform, including without limitation its source code, object code, user interfaces, API’s, algorithms and the arrangement and selection of content within any database relating to the Platform, and any improvements, modifications, and derivative works thereof.
JII grants Users a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to access and use the Platform solely in accordance with any usage parameters, documentation, and policies made available by us from time to time. Any use of the Platform not expressly permitted by these Terms is prohibited.
The User may not, and may not permit any third party to: (a) sell, copy, modify, translate, adapt, create derivative works of, or otherwise attempt to reproduce the Platform; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or models of the Platform, except to the extent such restriction is prohibited by applicable law; (c) access or use the Platform to develop or train models, products, or services that compete with the Platform; or (d) access or use the Platform in violation of applicable law, these Terms, or any acceptable use policies published by JII.
Notwithstanding the foregoing, JII may release the Platform as publicly available source code (“JII Source Code”), whether wholly or in part. Any use, modification, reference, or redistribution of JII Source Code must provide clear, reasonably prominent attribution to and citation of the JII platform. This attribution and citation must appear in product documentation, publications reporting results derived from the code, and source or package metadata for derivatives or redistributions.
If either JII or the User, grants the other with any Feedback, such feedback providing party hereby grants the other party a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, implement, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and otherwise incorporate such Feedback into the User Content of the Platform, as applicable, and documentation without obligation or attribution. Ownership and License of User Content
The User retains all rights, title and interest in and to User Content made available by the User, subject to the license grant in these Terms.
Subject to Clauses 8.6 and 8.7 of these Terms, the User hereby grants to JII and other Users of the Platform an irrevocable, worldwide, non-exclusive, royalty free license to use, store, reproduce, distribute, adapt, and otherwise exploit the User Content upon publication on the Platform for commercial and non-commercial use. Where applicable, the User also licenses any sui generis database rights in their User Content. This clause is subject to the possibility of embargo under clause 8.6 and 8.7 of these Terms.
To the extent permitted by law, the User waives and/or agrees not to assert any moral rights in their User Content to enable the freedoms granted by this open license, except for otherwise agreed under these Terms.
The User shall only make User Content available to which they hold the right, title and interest or has disposed of sufficient rights as may apply prior to publication of the User Content.
Upon the User publishing, sharing or otherwise making available any User Content to which it does not own the right, title and interest, the User agrees to:
- retain each of the following, to the fullest extent possible:
  1. name, identification, integrity and provenance of the creator(s) of the User Content;
  2. any persistent identifier, such as a digital object identifier (DOI) relating to the User Content;
  3. a notice of IP rights on the User Content;
  4. a notice that refers to the applicable license; and
  5. a URI or hyperlink to the original data to the extent reasonably practicable; and
Where a User reuses, adapts, or builds upon any protocols, methods, workflows, or similar methodological materials developed on or first published via de Platform (the “Methods”), the User must indicate whether the User has modified the relevant User Content, whether in part or not, retain an indication of any previous modifications and provide citation in any resulting publications or public communications that disclose the result of such Methods. Such citations must, to the extent reasonably practicable, include: (i) the name(s) of the creator(s) of the User Content (ii) the Platform name, JII; and (iii) any persistent identifier assigned on the Platform (such as a DOI).

6. OPEN ACCESS DATA POLICY

Unless otherwise agreed upon or specifically noted, JII will make any and all Data uploaded onto the Platform publicly available and free of charge.
The data resources and tools available on the Platform are developed, at least in part, using Data provided or uploaded by Users.
Upon a User contributing Data to the Platform, this Data will be released at a time and in a manner consistent with scientific data practices. JII may store the Data permanently.
Access to and (re)use of User Content is governed by these Terms and any applicable licenses, as set out in Clause 5. No additional restrictions apply to the use or redistribution of User Content, except for those imposed by the original data owners or as otherwise specified in these Terms of Use.
Original Data may be subject to third-party rights, including intellectual property rights and benefit-sharing obligations. Users are responsible for ensuring that their deposit and reuse of Data comply with such rights, research ethics, approvals, consent requirements, and any applicable research grant obligations or limitations a User may be subject to.
The User acknowledges that the Platform is not an exclusive storage repository. Users are responsible for maintaining separate backups of their User Content outside the Platform.
JII may assign persistent identifiers (such as DOIs) to User Content and metadata to support citation, provenance, and discoverability, in accordance with these Terms.

7. PRIVACY AND DATA PROTECTION POLICY

JII acts as controller for any Personal Data processed on the Platform (e.g, in the context of the creation of the account). JII will process such data in accordance with the principles of the EU GDPR and Dutch GDPR Implementation Act (UAVG).
JII may involve processors with regards to the processing of Personal Data on the Platform. In such case, JII will enter into a data processing agreement with such processors in accordance with Article 28 EU GDPR.
Personal Data processed may include identifying data including but not limited to name, contact details, (e-mail)address, (gps)location, account and technical data relevant to the Platform’s use. Personal Data may be collected directly from Users or, where appropriate, from institutions that engage the Platform for affiliated individuals, who remain ultimately are responsible for ensuring lawful disclosure of the Personal Data of these individuals.
JII does not collect or process in any way Special Category Data. In the event that a User posts any such Special Category Data on the Platform, such data will be removed as soon as JII becomes aware of it.
The Personal Data are processed for the following purposes: (i) create and manage User accounts and profiles; (ii) operate, secure, and improve the Platform; (iii) manage deposits, embargoes, access requests, and curation; (iv) communicate service updates, availability, security notices, and changes to these Terms; and (v) comply with legal obligations and protect the integrity and security of the Platform.
JII may process Personal Data on the following legal grounds: (i) the necessity to process the Users’ personal data to execute the contract under these Terms, (ii) the legitimate interest of JII to provide, improve and secure the Platform, and (iii) the consent given by Users when uploading Personal Data to the Platform.
The Personal Data collected by JII shall be retained no longer than necessary for the purpose of the Platform and the audits the Platform may be subjected to. For scientific or statistical purposes, retention may be extended subject to the safeguards in Clause 7.8.
For processing carried out for scientific or statistical purposes, JII applies to appropriate safeguards designed to protect the rights and freedoms of data subjects, as required by Article 89 EU GDPR and the UAVG; to the extent that this is appliable top the Platform. These safeguards include, as appropriate and feasible: (i) data minimization and purpose limitation; (ii) pseudonymization or de‑identification of Personal Data, with any re‑identification keys stored separately and subject to strict access controls; (iii) technical and organizational measures proportionate to the risks, such as role‑based access, encryption at rest and in transit, audit logging, and secure environments for controlled access; (iv) governance measures, including ethics approvals where required under Clause 4, documented data management plans, and review by designated curators or access committees; and (v) transparency through persistent identifiers and catalogue metadata that support provenance, reproducibility, and scholarly citation.
In line with Article 5(1)(b) EU GDPR, further processing for scientific or statistical purposes is compatible with initial purposes, subject to the safeguards described in Clause 7.8. JII may retain persistent identifiers and necessary metadata to support provenance and scholarly citation.
JII respects the rights of data subjects under applicable legislation and regulations. JII performs all necessary actions both during collection and at each subsequent processing stage of the personal data processed, so that each User is enabled to exercise such rights. The specific rights granted to the User are:
- Right of access
- Right to rectification
- Right to erasure
- Right to restriction of or object with the processing
- Right to data portability
Data subjects may exercise their abovementioned rights by sending an email to openjii@jii.org.
These rights are subject to various restrictions pursuant to applicable law, including for example if the fulfilment of the data subject's request may disclose personal data of another person or in the event that JII is required by law to retain such data.
In certain cases, JII may collect personal data not directly from the data subjects, but from third-party sources that intentionally provide such data for the purpose of receiving services from JII. Specifically, repositories, universities, or other institutions seeking to access our services may share information about individuals employed by or affiliated with them, such as staff, collaborators, or authors who have published theses or other scientific outputs on their platforms. In such cases, JII requires from the aforementioned institutions to take all necessary measures to ensure that the processing of personal data complies with applicable legislation. Nevertheless, the final responsibility of the personal data that the aforementioned institutions make available to JII remains with those institutions.
The Platform is not directed to children under the age of 16. Where JII processes Personal Data of a child under the age of 16 in connection with the Platform, JII obtains verifiable parental consent or authorization as required by Article 8 EU GDPR and UAVG. Institutions that onboard Users under the age of 16 must ensure lawful disclosure to JII and any onward publication. JII may apply additional safeguards (for example, limited profile visibility and restricted community features). Personal Data of children under the age of 16 must not be made public unless strictly necessary for lawful research with a valid legal basis, required approvals, and appropriate safeguards (such as de‑identification, minimization, and access controls). JII does not target children with advertising or profile them for marketing. JII may verify parental consent and, if it learns it processed a child’s data without the required authorization, restrict accounts and remove or anonymize data as legally required. Requests about children’s data may be made by the child (where appropriate) or their parent/legal guardian using the contact details in Clause 7.10.
The Platform may contain links to third‑party sites not controlled by JII. Users should review the privacy policies and terms of such sites.

8. INFRASTRUCTURE, SECURITY AND AVAILABILITY

JII may schedule maintenance, modify, suspend, discontinue, or terminate the Platform or any part of it at any time at its sole discretion. To the extent permitted by law, JII shall not be liable for any damages arising as a result of such actions and may designate a substitute host for content if needed.
JII is not responsible for any screening or review of User Content submitted to the Platform. JII may, at any time, temporarily or permanently remove any User Content on the Platform where JII believes the User Content is in violation with research ethics guidelines, infringes third-party intellectual property rights or is otherwise in violation of these Terms.
JII uses commercially reasonable, industry-standard measures to protect the security of the Platform. Despite these measures, JII cannot guarantee that unauthorized persons will not be able to defeat the security measures. Users are responsible for safeguarding their credentials and notifying JII promptly of any suspected compromise or Security Incident related to their account.
Upon confirmation of a Security Incident affecting the Platform, JII must take appropriate remedial actions and, where required by law, notify affected Users and authorities.
Upon written request, JII shall assist in retrieving User Content stored in cold or archive storage tiers. Retrieval is subject to technical feasibility, reasonable timing, and applicable retention policies. All third‑party and internal costs of retrieval (including egress, restoration, and handling fees) will be borne by the User, and JII may require pre‑payment. JII does not warrant availability of archived Data and is not liable for any delays or failures caused by third‑party providers.
Prior to making User Content available on the Platform, Users may apply for an optional embargo of User Content of up to twelve (12) months, after which the User Content will automatically become available on the Platform unless JII approves any request for reasonable written extension, which is to be received ultimately 10 days before expiry.
In the event of a User’s death or permanent legal incapacity, the User grants JII the right to (i) lift any embargo in whole or in part and/or (ii) make available the User Content under the license granted under these Terms. Before lifting an embargo or making content available on the Platform, JII will notify any known executor or rightful heir(s) and observe a 30‑day objection period, unless a shorter period is justified (for example, to prevent loss of research value). Where User Content contains Personal Data relating to living individuals, processing remains subject to the applicable privacy and data protection regimes.

9. INTERNATIONAL RESEARCH COLLABORATION

The Platform is hosted within the European Economic Area (EEA). JII does not transfer personal data outside the EEA unless appropriate measures are in place under the EU GDPR (for example, adequacy decisions or standard contractual clauses) and only to the extent necessary for the purposes as set out in these Terms.
Where User‑led collaboration involves international transfers of Personal Data contained in User Content, the exporting User is responsible for ensuring a lawful transfer mechanism and appropriate safeguards. JII may require additional access controls, documentation, or approvals to mitigate associated risks.

10. COMMUNITY GUIDELINES AND GOVERNANCE

JII may verify researcher identity and institutional affiliation and may request documentation of affiliation, funding or approvals.
The User may not engage in harassment, discrimination, hate speech, threats, or other behavior that undermines a safe and inclusive research environment. Professional, constructive discourse is required.
The User must follow transparent contribution practices, disclose material conflicts of interest, and respect project governance decisions and contributor license agreements where applicable.
The User must adhere to documentation standards, including sufficient metadata, and respond in good faith to requests for clarification, corrections, or retractions.
The User may not circumvent security or access controls, interfere with or disrupt the Platform in any other manner.
The User may not engage in fabrication, falsification, plagiarism, undisclosed data manipulation, or intentional misrepresentation of methods, provenance, or authorship.
JII may maintain advisory groups, curator networks, or review panels to support quality and integrity and to advise on enforcement actions.

11. DISCLAIMERS

To the maximum extent permitted by law, the Platform and all User Content are provided “as is” and “as available.”
JII does not independently verify all User Content and is not responsible for Users’ actions or omissions and disclaims all warranties, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and availability as research outputs may contain errors or require domain expertise to interpret; the User relies on them at their own risk.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, JII and its directors, officers, employees, and Affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including for any loss of profits, revenues, goodwill, loss or corruption of data, or use, arising out of or related to the use of the Platform, except in so far as fraud is established.
JII’s aggregate liability for any direct damages relating to the use of the Platform will not exceed EUR 0, except in so far as fraud is established.

13. INDEMNITY

The User agrees to indemnify, defend, and hold harmless JII and its Affiliates from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to the User Content, a breach of these Terms, a violation of law or third-party rights, or misuse of the Platform.

14. SUSPENSION AND TERMINATION

JII may suspend or terminate the Users access, remove or restrict User content, or disable features if JII reasonably believes the User has violated these Terms, present legal or security risks, or engage in misconduct.
JII may terminate account at any time.

15. CHANGES TO THE TERMS

JII may update these Terms unilaterally to reflect legal, technical, or operational changes. If such changes are material, JII will provide reasonable notice to Users by posting an update on the Platform or sending an email to registered Users. The Users continued use of the Platform after changes become effective constitutes acceptance of the updated Terms.

16. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Netherlands. The courts of Amsterdam, the Netherlands, will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms, provided that we retain the right to seek injunctive or equitable relief in any jurisdiction to protect our rights or the integrity of the Platform.

17. NOTICES AND CONTACT

Legal notices must be sent to: openjii@jii.org.

18. MISCELLANEOUS

If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under applicable law of any relevant jurisdictions, the remainder of these Terms will continue in full force and effect.
No failure or delay in exercising any right, power or privilege under this agreement will operate as a waiver of it, nor will any single or partial exercise of it preclude any further exercise or the exercise of any right, power or privilege under this agreement or otherwise.
These Terms constitute the entire agreement between the User and JII regarding the Platform and supersede prior agreements orally or in writing.