This page is freely translated for the understanding of English-speaking users. However, only the version of the German Terms of Use in accordance with German law applies.
With the usage of the nopaque platform you declare your acceptance of the General Terms of Use and that you have taken note of the legal framework and the data protection declaration.
(1) These General Terms and Conditions apply to the use of the Services offered in the browser-based data processing and text analysis tool "nopaque" (hereinafter "Services") by Bielefeld University (hereinafter "University"), which can be used free of charge by authorized Users via the website www.nopaque.uni-bielefeld.de.
(2) The authorized use of these services is exclusively granted to:
(1) As part of the Services offered, user-uploaded data can be processed and analyzed automatically. This is implemented in the form of the following Services, each of which can be executed individually:
(2) The User is also entitled to share text edits (corpora) created as part of the Services offered with other registered Users within the Service’s user platform using the "Share" functions. Access to third-party corpora can be granted with reading rights (viewer), reading and editing rights (contributor) or co-administrator rights (administrator).
(3) Users can upload their own language models as part of their user account and use them to analyze uploaded files. After activation by an administrator, Users can also make their uploaded language models publicly available on the platform.
(1) Users register by entering the requested data in the login screen. The User must then select and enter a username and password of their choice.
(2) Users are responsible for keeping their username and password confidential.
(3) After activation by an administrator, Users can create personal access tokens via an application programming interface (API) and access all user-accessible data.
(1) By registering, Users declare their consent to the terms of use. The unlawful uploading, processing, and sharing of content, in particular contrary to criminal law, personal rights regulations, data protection law or copyright regulations, is not permitted. By uploading, editing and/or sharing corresponding texts, corpora and/or analysis results, the respective User declares to be the owner of all rights required in each case.
(2) Users are required to use media and texts only in a legally permitted manner and refrain from making illegal statements. This includes the design of their personal user profile and when using the forums on the nopaque platform.
(3) The Services offered are only suitable for the processing of data without heightened security requirements. Data that is subject to special data protection requirements (e.g. health data, see Art. 9 GDPR) may not be stored or processed.
(1) If claims are asserted against Bielefeld University by third parties due to the use of an unauthorized User (see § 1 para. 2) or due to unauthorized use (see § 4 para. 1, 2) of texts, analysis results or other media (e.g. an uploaded profile picture) within the scope of the services offered, the User responsible for the infringement shall indemnify Bielefeld University against these claims.
(2) Users are liable for any damage they incur regarding the confidentiality and disclosure of access data. If claims are asserted against Bielefeld University by third parties due to unauthorized use of access data/tokens, the User responsible for the infringement shall indemnify Bielefeld University against these claims.
(1) Within the limits of § 4, the User is entitled to prepare texts with the web application, to view them within the web application and to download them. Regulations on sharing the corpora created in this way are set out in § 7 of these GTC
(2) The User is also entitled to read, download, reproduce, and publish analysis reports generated based on the prepared texts for the purposes of teaching and research within the limits of § 4 within the framework of the online application. These rights are only granted to the Users that generate the corresponding analysis reports. The authorization is subject to the resolutive condition that in the context of corresponding reproductions/publications of analysis reports or their excerpts, the following is noted as the source: nopaque [Software]. (2020). SFB 1288 - Subproject INF, Bielefeld University. https://nopaque.uni-bielefeld.de/.
(1) Sharing of corpora is possible in the following ways:
(2) With regard to the sharing of corpora containing copyright-protected media, § 60d UrhG must be observed most particularly. The User is required to comply with the deletion periods stated therein. It is expressly pointed out that the improper distribution of corpora or source texts can lead to breaches of duty in accordance with § 4, the financial loss of which is to be borne by the respective users.
(1) The University has the right to conduct maintenance during operating times as far as it is in user interest. Disruption of data access may occur during maintenance, which the University will minimize as much as possible.
(2) The University has the right to change and/or modify the range of functions of the Services without prior notification of its Users. The University can, without being required to do so, update or develop the software at any time, especially due to changed laws and regulations, technical developments, scientific or thematic restructuring of the project or for IT security improvements.
(3) Users are provided with a support contact form on the website.
(1) The University does not guarantee that the information provided by the service is correct, up-to-date or usable or that it will lead to the desired results. In this respect, the University accepts no liability whatsoever.
(2) The Services are provided based on “best effort” practices according to customary operational diligence. The University does not guarantee uninterrupted, error-free system operation. Possible data loss due to technical disruptions cannot be ruled out. The University is not liable for data loss based on user neglect to create data backups and to ensure that lost data can be restored with reasonable expense and effort.
(3) Otherwise, the University shall only be liable in the event of wrongful intent or gross negligence on the part of its employees, unless there is a culpable breach of material obligations within the scope of these Terms and Conditions of use. In this case, liability is limited to typical damages foreseeable at the time the user relationship was established; the University is not liable for other damages, e.g. for loss of profit, for loss of production, for other indirect damages or for loss of data and information. Liability for damage resulting from injury to life, body or health remains unaffected.
(4) Possible official liability claims against the university remain unaffected by the above provisions.
The University reserves the right to investigate suspected misuse or significant violations of these Terms and Conditions, to take appropriate precautions and, in the event of reasonable suspicion, to block the User's access to the Services – at least until the user has cleared up the suspicion – and/or, if necessary, to delete the user account in the event of particularly serious violations. If the User clears up the suspicion, the block will be lifted. Every User must notify the University immediately of any indications of misuse of the service.
The law of the Federal Republic of Germany shall apply exclusively, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which you have your habitual residence remain unaffected
If you do not have a place of residence in the Federal Republic of Germany, if you move your place of residence abroad after registration, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the user relationship shall be the local or regional court of Bielefeld.