TERMS AND CONDITIONS CTI DIAGNOSIS
These Terms and Conditions (hereinafter, the “Terms”) regulate access to and use of the online platform called “CTI Diagnosis” (hereinafter, the “Platform” or the “Benefit”), which is part of the Advanced Network service package, and is intended for the evaluation and analysis of five areas related to Science, Technology and Innovation.
This benefit is exclusively for full members and associate members who have contracted the Advanced Network service, in accordance with the terms agreed with the Ecuadorian Corporation for the Development of Research and Academia – CEDIA (hereinafter, “CEDIA”).
For the purposes of this document, the following definitions shall apply:
- CEDIA : The Ecuadorian Corporation for the Development of Research and Academia.
- INSTITUTION: The institutional user, full or adhering member of CEDIA , who accesses the Platform as part of the contracted services.
By accessing, browsing, registering or using the Platform in any way, the beneficiary INSTITUTION and/or, where applicable, each end user authorized by the INSTITUTION such as: teachers, researchers or authorities and more according to their nature, expressly and unconditionally accept all of these terms.
If the Institutional User or end users do not accept these Terms, they must refrain from accessing or using the Platform.
1.1. The CTI Platform and all intellectual property rights associated with it, including its code, structure, content, design, interfaces, functionalities, generated reports and other technical and conceptual elements, are and will continue to be the exclusive property of CEDIA
1.2. The INSTITUTION acknowledges that it does not acquire any ownership rights over the CTI Platform or its components, except for the limited right of use in accordance with these Terms and Conditions.
1.3. The CTI Platform, including its source code, design, structure, and documentation, is protected by applicable copyright laws and current international treaties. Any unauthorized reproduction, distribution, public communication, or transformation is prohibited.
1.5. Any infringement of copyright will be prosecuted in accordance with applicable law and may give rise to legal action.
2.1 The Platform allows for diagnostics and measurements in areas related to Science, Technology, and Innovation (STI). These diagnostics include, but are not limited to:
- Level of maturity in Digital Transformation (institutional)
- R&D capabilities of researchers (at the individual level)
- Digital skills of teachers (at the individual level)
- Innovation capabilities (institutional)
- ESG (Environmental, Social and Governance) (institutional)
2.2 The results obtained are used to generate analyses and recommendations aimed at institutional improvement. These diagnoses may involve:
- Surveys or forms for authorities (institutional diagnoses).
- Surveys or forms for teaching staff, administrative staff or researchers (diagnoses at the individual level).
2.3. The results may be used by the INSTITUTION for the purposes of analysis, strategic planning, continuous improvement and internal decision-making, respecting the scope established in this document.
| Keyword | Definition |
|---|---|
| Ownership | Indicates who legally owns the rights to an asset, content, or platform (for example, ownership of the intellectual property of software). |
| Non-exclusive license | Legal permission granted to the INSTITUTION, institutional user to access and use a system or product under specific conditions, without transferring ownership of it, nor exclusivity. |
| Institutional User | Party using the platform (generally a university, company or public entity) under the terms of the agreement or contract. |
| CEDIA | Provider or party that develops, maintains or provides the Platform or benefit. |
| Intellectual Property (IP) | Legal rights over intellectual creations such as software, trademarks, designs, texts, reports or methodologies. |
| Confidentiality | Obligation not to disclose sensitive or strategic information shared between the parties. |
| Confidential Information | Data or content that must be kept secret, either by its nature or because it has been agreed between the parties. |
| Personal Data Protection | Rights, principles and legal obligations related to the collection, use, storage and deletion of data that directly or indirectly identifies a person. |
| Data Controller | Party that processes personal data on behalf of a controller, in accordance with the controller's instructions. |
| Data Controller | Party that decides on the processing of personal data and its purpose. |
| Consent | Express, free and informed acceptance by the owner of the personal data or the user, regarding the use of their data or the Platform. |
4.1. The INSTITUTION accesses the Platform under a non-exclusive, non-transferable, limited and revocable license, exclusively for academic, administrative and institutional improvement purposes.
4.2. Access will be granted using controlled credentials, and the INSTITUTION is responsible for maintaining their security. Sharing access or allowing use by unauthorized third parties is prohibited.
4.3. To enable the platform for CTI Diagnosis, CEDIA will provide the following access:
- General access for all researchers and teachers of the Institution who participate in the process, which does not require user registration on the platform.
- Individual access for the Institution's authorities participating in the process; for this purpose, name, position and institutional email must be sent, in order to register the user on the platform and send the corresponding link.
4.4. The license does not imply assignment or transfer of intellectual property rights over the Platform or its algorithms, architecture or internal methodologies in accordance with the signed agreement.
5.1. Reverse engineering, decompilation, disassembly, or any other attempt to derive the source code of the CTI platform is strictly prohibited.
5.2. It is not permitted to modify, alter, copy, distribute, create derivative works, sublicense or perform any other action that affects the integrity or functionality of the CTI platform.
5.3. Failure to comply with this term will be considered a serious violation of these terms and conditions, resulting in the immediate termination of the right of use and the possibility of legal action by CEDIA.
6.1. It is recognized that all pre-existing or independently developed intellectual and industrial property rights of both CEDIA and the INSTITUTION, including software, trademarks, patents, utility models, industrial designs, distinctive signs, copyrighted works, trade secrets, know-how, databases and any other form of protection under current national or international regulations, are and will remain the exclusive property of the Party that generated or registered them. Both Parties irrevocably agree to respect, protect and refrain from using, reproducing, modifying, disclosing or exploiting such assets without the prior, express and written authorization of their legitimate owner.
6.2. Reports, recommendations, improvement plans, or any other material protected by intellectual property rights that is generated by CEDIA under these terms and the agreement, will be owned by CEDIA.
6.3. Literary, technical or documentary works generated through the application provided by CEDIA may be displayed to the public or made available to the public by the INSTITUTION exclusively for academic, educational or administrative purposes, within the framework of its institutional functions.
6.4. The parties undertake to respect the moral rights of the creators over the works described in accordance with the following clauses.
6.5. Everything established in this clause will be subject to and conditioned upon the provisions within the Intellectual Property clause of the corresponding agreement.
7.1. Literary, technical or documentary works generated using the Platform (such as reports, analysis texts, dashboards, automated narratives or other documentary results) may be made available to the public by the INSTITUTION for academic or administrative purposes and without profit.
7.2. The INSTITUTION undertakes to permanently and visibly acknowledge CEDIA 's ownership of the origin of the works generated through the use of the Platform, mentioning its name and nature as a technological source.
8.1. CEDIA reserves the right to take legal action against any unauthorized use, alteration, reproduction, distribution, or any other act that violates these terms and conditions.
8.2. The INSTITUTION will be responsible for indemnifying CEDIA for any damage or loss caused as a result of a breach of these terms.
9.1. Confidential Information is understood to mean all information, documentation, data, files, knowledge, strategies, methodologies, algorithms, databases, diagnostic results, access codes, electronic communications, and any other material in physical or digital format that has been expressly identified as confidential or that, by its nature, content, or context, should reasonably be understood as such. The INSTITUTION shall maintain strict confidentiality regarding any technical, operational, or commercial information related to the CTI platform.
9.2. This confidentiality obligation will remain in effect even after the termination of the right to use the CTI platform.
9.3 Confidential Information will not be disclosed to third parties, unless required by law, court order, competent authority or with the express written consent of the INSTITUTION.
9.4. CEDIA will be responsible for the disclosure of Confidential Information that has been revealed, published or circulated by authorities, officials, contractors or third parties linked to the INSTITUTION without due precautions or without observing the duties of care provided for in these terms
10.1 In compliance with the Organic Law on the Protection of Personal Data of Ecuador and other applicable regulations, the parties involved in the use of the Platform declare that they adopt the necessary technical, legal and organizational measures to guarantee the protection of the personal data processed, leaving the counterparty harmless from any claim, sanction or damage derived from their own infractions or non-compliance.
10.2. The INSTITUTION acknowledges that it is the Data Controller with respect to the personal data of third parties that it provides to the Platform, guaranteeing that it has obtained said data legitimately and with the corresponding authorizations.
10.3. For its part, CEDIA will act as the Data Processor, limited to processing personal data in accordance with the purposes set out in this instrument, provided that such data does not come from other external sources.
10.4. The personal data processed will be kept for the time necessary to fulfill the purposes of the diagnosis, as well as for the periods required for auditing, institutional control, or legal purposes. Once these periods have expired, or when there are no conditions preventing their deletion, they may be deleted at the express request of the INSTITUTION, unless CEDIA has obtained them from sources other than those provided by the INSTITUTION.
10.5. Anything not provided for in this clause shall be governed by the provisions of the relevant clause governing the agreement, and by the provisions of the Organic Law on the Protection of Personal Data and its regulatory provisions.
11.1 The Platform is offered “as is” and “as available”. CEDIA does not guarantee that:
11.1.1. The Platform is free from errors or interruptions.
11.1.2. The recommendations generated in the final report lead to specific results or guarantee the absolute correctness of the data.
11.2 CEDIA is not responsible for the accuracy or truthfulness of the information that the INSTITUTION and/or its end users upload to the Platform.
12.1CEDIA:
12.1.1. Keep the Platform operational and accessible, except for interruptions previously notified due to scheduled maintenance, technical updates or force majeure events beyond its reasonable control.
12.1.2. CEDIA will provide a point of contact for technical and functional inquiries. The level of support and response times will be governed by CEDIA 's internal policies or as agreed in specific agreements or contracts.
12.1.3. CEDIA may introduce improvements, modifications or updates to the Platform, without needing to notify the INSTITUTION individually, provided that such modifications do not unreasonably restrict access to the benefit already agreed.
12.1.4. Process the information provided by the INSTITUTION exclusively for the purposes established in these terms and in this agreement, refraining from using it for other unauthorized purposes.
12.1.5. Deliver the reports or analyses derived from the processing of the provided data, with the accuracy that the quality of said information allows. CEDIA will not be responsible for errors or inconsistencies in the results when these derive from incomplete, outdated, or inaccurate information provided by the INSTITUTION.
12.1.6. Guarantee the confidentiality of institutional and personal information received, as well as apply the necessary technical and organizational measures for the proper processing of personal data in accordance with applicable legislation and the corresponding clause.
12.2. INSTITUTION:
12.2.1. Provide in a timely, truthful, complete and legitimate manner the data required for the operation and execution of the diagnoses.
12.2.2. Disseminate internally, among its teachers and/or researchers, the forms or access to the Platform, and facilitate the use of the benefit on the agreed dates and deadlines.
12.2.3. Ensure that the data provided has the necessary legal backing and consent, if required, holding CEDIA harmless against any third-party claim arising from improper, illegitimate or unauthorized use of personal or institutional information.
12.2.4. Review the reports, summaries, or results generated by the Platform and notify CEDIA, within a reasonable period of up to seven (7) business days, of any errors, inconsistencies, or discrepancies detected. After this period has elapsed without observations, it will be understood that the results have been validated by the INSTITUTION.
12.2.5. Likewise, you agree to indemnify and hold harmless CEDIA from any claim, demand or penalty arising from: The unauthorized or unlawful use of the Platform; The breach of these Terms; or the lack of legitimacy in obtaining personal data or the inaccuracy thereof.
13.1. These terms and conditions shall be governed by and construed in accordance with the main legal instrument agreement and the laws in force in the country where CEDIAis established. 13.2. Any dispute arising in connection with these Terms and Conditions shall be resolved in accordance with the dispute resolution clause of the master agreement signed between the Institution and CEDIA, which is incorporated herein for all relevant legal purposes.
13. Acceptance of the Terms and Conditions:
13.1. Use of the platform implies full and unreserved acceptance of these terms and conditions by the user.
13.2 Acceptance of these Terms and Conditions may be manifested by electronic means, including actions such as accessing or registering on the Platform, clicking on buttons that indicate agreement (for example, “Accept”), or any other conduct that demonstrates an unequivocal will to adhere.
