Terms and conditions

1. The Board of Trustees of the Leland Stanford Junior University ("Stanford") provides OpenCap software ("Service") free of charge for academic or non-profit organization non-commercial research or educational use only. Use of the Service by any commercial entity for any purpose, including research, is prohibited.
2. You agree not to use the Service for commercial advantage, or in the course of for-profit activities. You agree not to use the Service on behalf of any organization that is not a non-profit organization. Commercial entities wishing to use this Service should contact the authors of OpenCap (info@opencap.ai).
3. By using the Service, you agree to be bound by the terms of this Agreement. Please read it carefully.
4. By using the Service, you acknowledge that OpenCap relies on third party software packages (e.g., for pose estimation) and that you have consulted the software license agreement of these third party packages (e.g., OpenPose or HRNet).
5. You may not, under any circumstances, reverse engineer, decompile, disassemble, hack, port, or otherwise attempt to discover the source code to the Open Cap web application.
6. Privacy terms a. All data, including videos, is visible to the OpenCap development team and may be used for algorithm development. b. By using the Service, you certify that you, as the investigator (“Investigator”), will obtain the consent of the individual being recorded (“Participant”) to these terms prior to every data collection.   c. Data will be shared publicly with the research community in accordance with the Participant’s data sharing selection. Participants have the option to share processed data (i.e., data from pose estimation and musculoskeletal modeling and simulation) and identified (i.e., raw) videos, to share processed data and de-identified videos (i.e., videos with face blurring), to share processed data only, and to share no data publicly. As described in 5a., all data is visible to and may be used by the development team. It is the responsibility of the Investigator to allow the Participant to read the data sharing options and to select their preferred option prior to every data collection. d. The Investigator assumes all responsibility for using this tool in accordance with the national, local, and institutional privacy and human subjects research policies that pertain to them. Furthermore, you agree that, if a third party claims that any material you or your agents or volunteers have contributed through Open Cap is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although Stanford does not monitor all content submitted through Open Cap, Stanford has the right to remove material, block access, or take other action with respect to any submitted material in Stanford’s sole discretion, although Stanford is under no obligation to do so.
7. THE SERVICE IS OFFERED "AS IS", AND, TO THE EXTENT PERMITTED BY LAW, STANFORD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STANFORD SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES WITH RESPECT TO ANY LOSS OR OTHER CLAIM BY YOU OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF THE SERVICE. YOU HEREBY AGREE TO DEFEND AND INDEMNIFY STANFORD, ITS TRUSTEES, EMPLOYEES, OFFICERS, STUDENTS, AGENTS, FACULTY, REPRESENTATIVES, AND VOLUNTEERS ("STANFORD INDEMNITEES") FROM ANY LOSS OR CLAIM ASSERTED AGAINST STANFORD INDEMNITEES ARISING FROM YOUR USE OF THE SERVICE.
8. You understand and agree that Stanford does not represent or warrant that material you submit through Open Cap will be available to you or that the software will operate in an uninterrupted or error-free manner, or will be free of viruses. Your use of Open Cap software is entirely at your own risk.
9. You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. Stanford reserves the right to refuse service, terminate accounts, and remove or edit content at its sole discretion.
10. All rights not expressly granted to you in this Agreement are reserved and retained by Stanford or its licensors or content providers. This Agreement provides no license under any patent.
11. You agree that this Agreement and any dispute arising under it is governed by the laws of the State of California, United States of America, applicable to agreements negotiated, executed, and performed within California.
12. Subject to your compliance with the terms and conditions set forth in this Agreement, Stanford grants you a revocable, non-exclusive, non-transferable right to access and make use of the Service.
13. The authors of OpenCap retain the rights to modify this software agreement at any time in the future.
14. Please refer to OpenCap Data and Privacy for our Privacy Statement.
15. Any questions regarding our technology direct to info@opencap.ai.

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