datastore.by University of Münster
Terms of Service

Preamble

Research data is a central element of scientific activity and the associated gain in knowledge. The University of Münster therefore regards research data as a scientific work and attaches great importance to it. In accordance with the guidelines of the German Research Foundation (DFG) on handling research data, their long-term preservation and provision contribute to the traceability and quality of scientific work and open up important opportunities for further research (cf. "Guidelines for Safeguarding Good Scientific Practice", DFG, 2019 and "Guidelines on Handling Research Data", DFG, 2015).

1. Purpose of the Service, Service Operator

1.1

datastore.by University of Münster – for the sake of simplicity hereinafter referred to as "datastore" – is a service provided by the University of Münster for the permanent publication of research data. With the help of datastore, scientists can enrich their research data with descriptive metadata and publish it electronically, i.e., make it permanently available worldwide. In this way, datastore contributes, among other things, to the implementation of the guidelines of various research funding agencies, such as the DFG.

1.2

datastore is operated by the University and State Library Münster (ULB) and the Center for Information Technology (CIT) of the University of Münster.

2. Definitions

Within the framework of these terms of service, the following definitions apply:

  • Research Data (= primary research data) are all digitally available data that are collected, gathered, simulated, or derived within the context of a research process and thus form the basis of published research results.
  • Metadata refers to all additional information that describes the actual research data content-wise and administratively, e.g., their summary, capture period, or access rights. Specifying metadata increases the findability of the research data.
  • Research dataset (abbreviated as "dataset") refers to the entirety of research data and associated metadata.
  • Permitted users are all employees of the University of Münster who are currently employed by the University of Münster, as well as all doctoral students (with or without current employment). Authorized users must have a valid central university ID.
  • Responsible users are persons who have created datasets in datastore.
  • Authorized users are persons who have (individually definable) access rights to individual datasets in datastore.
  • Creators/contributors are persons who were substantially involved in the creation, processing, interpretation, etc. of the primary research data of a dataset.
  • Users are persons who interact with datasets in datastore. They can have different roles (e.g., "responsible person," "authorized user").
  • Third parties are natural and/or legal persons who are not users.

3. Uploading Research Datasets

3.1 User Group, Terms of Service

3.1.1

All authorized users (see Section 2) have the opportunity to publish research data generated within their research activities at the university using the datastore service.

3.1.2

By uploading research data to datastore, the respective user agrees to comply with these general terms and conditions of service and, as a user, enters into a contract with the University of Münster for the use of the datastore service.

3.1.3

These general terms of service apply to the business relationship concerning the provision of services or conducting business via datastore between the University of Münster and the respective users.

3.1.4

The use of the datastore service is exclusively governed by these general terms of service. The business terms and conditions of the users or third parties do not apply, even if the University of Münster does not explicitly object to their application in individual cases. Even if the University of Münster refers to a message containing business terms and conditions of users or third parties or refers to such, it does not imply an agreement to the validity of those business terms and conditions.

3.2 User ID

3.2.1

A valid central user ID is a prerequisite for using datastore. The usage permission associated with the user ID can be restricted in time and/or content, particularly to ensure proper and disturbance-free operation (e.g., in case of justified suspicion of malware), and can be linked with other usage-related conditions and obligations (e.g., denial of usage permission for datastore until the cessation of legal violations and/or actions that significantly violate these terms).

3.3. User Roles and Rights

3.3.1

The person who uploads research data to datastore is always the responsible person for the respective research dataset. Responsible persons always automatically have full access rights to their own datasets (this corresponds to the "Manage" access right in the case of authorized users, see Section 3.3.2).

3.3.2

For each dataset, one or more authorized users can be designated, each of whom can be granted individual access rights to the dataset.

3.3.3

Individuals who were substantially involved in the creation, editing or interpretation of a dataset's research data can be named as creators of a dataset. Creators do not automatically have access to the corresponding dataset. To grant them access rights, they must also be appointed as authorized users (see Section 3.3.2). The "Contributors" field is a recommended metadata field. It is used to provide information about persons or organizations that have contributed to the record, such as project managers. In contrast to creators, contributors are not included in the academic citation of the record.

4. Content of Research Datasets

4.1

All research data generated in the course of research activities at the University of Münster and forming the basis of published research results may be stored in datastore, regardless of subject discipline, state of research, file type, or language. The publication of research data that is not related to activities at the University of Münster is not permitted.

4.2

Users who have uploaded content to datastore are responsible for the quality, accuracy, authorship, and authenticity of the datasets. In particular, they undertake to comply with the "Rules of Good Scientific Practice at the University of Münster" in their currently valid version.

4.3

The confidentiality and security of the datasets stored in datastore have the highest priority at all times. Unless absolutely necessary, the contents of research datasets that are not publicly accessible (e.g., because they are in draft status or subject to an embargo) are not viewed by University of Münster staff and are not accessible to third parties. Access is considered absolutely necessary in particular if automated access to all or certain data records is required for technical maintenance and/or troubleshooting measures and/or if access is required due to an official or judicial order or mandatory legal regulations.

4.4

University of Münster staff do not evaluate or quality check the published research data.

4.5

Personal or pseudonymized data may not be uploaded to datastore. Anonymized data, i.e., information that cannot be traced back to a specific or identifiable natural person, may be uploaded.

4.6

Information on any curatorial processes (e.g., formal checks, in particular of metadata, by University of Münster staff) that take place before or after the publication of a dataset is described in datastore's separate curation policy ((LINK)).

5. Use of Metadata

5.1

The metadata of the stored/published research datasets serve to document and retrieve a research dataset.

5.2

The University of Münster reserves the right to process or evaluate the metadata within the scope of other internal services, e.g., for statistical evaluations.

6. Data Accessibility

6.1

Subject to Section 8.2, the metadata of a research dataset published in datastore is always publicly available, i.e., the metadata of the published datasets can be accessed permanently worldwide via various technical interfaces without restriction, regardless of whether, for example, an embargo date has been specified or not.

6.2

Part of every data publication also includes the personal data of the authors. Which of this personal data is published and thus permanently available to the public is regulated in datastore's separate privacy policy.

6.3

Subject to Section 8.2, the research data belonging to a research dataset (= primary research data) can be accessed worldwide via various technical interfaces without restriction from the time of its publication in datastore. If an embargo date has been specified for the publication, this only applies after the embargo period has expired.

7. Metadata transfer

7.1

After a research dataset has been published in datastore, each dataset is assigned a globally unique ID in the form of a Digital Object Identifier (DOI). This DOI is communicated to the user responsible for the dataset by email after the research dataset has been published.

7.2

Once a DOI has been assigned to a published dataset, the metadata of the dataset is forwarded to DataCite (= International Data Citation Initiative e.V), i.e., the international consortium responsible for assigning and managing DOIs. DataCite makes this metadata available worldwide, which means that the published research datasets can also be found by external search engines (e.g., Google).

7.3

Due to the worldwide availability of metadata and primary research data (the latter possibly only after the embargo period has expired), the research datasets can also be accessed by external systems (e.g., repositories of the German National Library) and (if compatible with the license of the respective dataset) made publicly available again by these external systems. The University of Münster generally has no influence on the availability of data through external third-party systems.

8. Data Storage, Data Deletion, Versioning

8.1. Data Storage

8.1.1

By uploading research data or metadata to datastore, the respective user agrees that the research dataset may be stored in multiple copies on servers belonging to the University of Münster for the purpose of publication.

8.1.2

The research data will be stored in the form in which it is made available to the datastore service; this means, in particular, that no format conversion of the data will take place (e.g., to permanently maintain the readability of obsolete file types).

8.1.3

Users who publish data via datastore further agree that, in order to increase data security, additional copies of the research dataset may also be stored in external repositories, such as the digital long-term archive of the University Library Center of North Rhine-Westphalia (hbz).

8.2. Storage Duration, Early Data Deletion

8.2.1

Published research datasets are stored permanently, i.e., for an indefinite period of time.

8.2.2

Users who have published a research dataset in datastore can request that the respective dataset be deleted. To do so, they must contact the ULB Münster or the Service Center for Data Management at the University of Münster. However, in order to comply with the rules of good scientific practice and the principle of permanent citability of published datasets, such deletion should be the exception.

8.2.3

The University of Münster expressly points out that the metadata and, as a rule, also the primary data of published research datasets are accessible worldwide, i.e., after a published dataset has been deleted, copies of the metadata/primary data of the dataset in question may be stored in external storage facilities/repositories without the University of Münster being aware of this or being able to influence it. (see also section 7.3).

8.2.4

In the event of reports of legal violations by third parties with regard to content posted by users and/or significant violations of these terms of service by users, the University of Münster is entitled to block access to the respective dataset with immediate effect or to delete it without consulting the users. In the case of legal violations reported by third parties, the University of Münster will give users the opportunity to submit a counterstatement within a reasonable period of time before deleting data records in order to substantiate their denial of the alleged violation. However, the measures ultimately taken by the University of Münster in the case of legal violations reported by third parties are at the reasonable discretion of the University.

8.3 Versioning, Modification of Published Datasets

8.3.1

The metadata of published datasets can be subsequently adjusted and modified by the responsible user and all authorized users of the respective dataset. This does not generate a new version of the dataset.

8.3.2

The primary research data of published datasets can be subsequently modified by the responsible user and all authorized users of the respective dataset, i.e., files can be added, deleted, or replaced with modified file versions. However, this is only possible if a new version of the dataset is created beforehand so that the changes can be made in this new version. Changes to the files of an existing dataset version are not possible.

9. Licenses and third-party rights

9.1. Licensing

9.1.1

Every research dataset published in datastore must be assigned a valid, internationally recognized license. The designation of this license is part of the dataset’s metadata.

9.1.2

Only licenses that follow the principle of Open Access are permitted for research datasets published in datastore.

9.2. Third-party right, Confidentiality obligations

9.2.1

Research data may only be published in datastore if no third-party rights are infringed. In particular, the responsible user must ensure in advance that the publication of a research dataset does not infringe any third-party copyrights or personal rights.

9.2.2

The respective user who uploads content to datastore shall ensure prior to the publication of research data and other content that neither he or she, nor any other creators/contributors of the respective dataset, nor the University of Münster itself are subject to confidentiality obligations with regard to the research data or other content to be uploaded.

10. Costs

10.1

The publication of research data in datastore is free of charge.

10.2

The access to datasets published in datastore is free of charge.

11. Data Protection

11.1

The processing of personal data within the framework of the datastore service is regulated in the data protection policy of datastore.

12. Technical operation, Technical availability

12.1

As the operator of datastore, the University of Münster strives to ensure the error-free operation of the service within the limits of what is technically and factually possible and reasonable.

12.2

The University of Münster accepts no responsibility for the accuracy of the research data made available. The publication of research datasets is guaranteed as long as this is technically possible and can be achieved with reasonable effort. Should circumstances arise that require modification or discontinuation of the service, the University of Münster will make every effort to identify suitable alternative systems and migrate existing data to these systems. The provision in section 4.3 remains unaffected. In the event of discontinuation of the datastore service, all responsible and authorized users of research datasets will be informed of this circumstance by email. The email address used for this purpose will be the email address of the respective person stored in datastore.

13. User's Responsibilities, Indemnification by the User

13.1

Users who uploaded contents to datastore are solely responsible for the contents of a published research dataset. This applies particularly with respect to the rights of third parties and the quality, correctness, authorship, and authenticity of the dataset. They specifically commit to adhering to the "Rules of Good Scientific Practice at the University of Münster."

13.2

The University of Münster does not perform an evaluation or quality check of the uploaded research data, meaning the responsibility for this lies solely with the users who uploaded the data to datastore.

13.3

Users indemnify the University of Münster from all claims that other users or third parties assert against the University because of a violation of their rights through the storage of research data and other contents using datastore or because of other uses of the datastore service. Affected users bear the costs of necessary legal defense of the University of Münster, including all court and legal fees at the statutory rate. This does not apply if the affected users are not responsible for the legal violation. Users are obliged to provide the University with all information truthfully and completely without delay in the event of a claim by third parties, which is required for examining the claims and preparing a defense.

14. Liability

14.1

Users are liable for all adequately causally caused disadvantages that arise to the University of Münster due to the unlawful use of the user permission and are faultily caused by the users. Insofar as users are members of the University of Münster who are in an ongoing employment, service, and/or employment relationship with the University of Münster, they are liable only under consideration of the principles of internal operational compensation of damages.

14.2

The University of Münster and its members, representatives, employees, servants, vicarious agents, and assistants are liable only for intent and gross negligence. This does not apply in the case of violations of life, body, or health, and in the case of violation of essential contractual obligations, i.e., such obligations whose fulfillment enables proper execution of the contract and on whose compliance users regularly rely and may rely, as well as for statutorily mandatory no-fault liability (e.g., liability for risk under the Product Liability Act). In case of liability for the simple negligent breach of essential contractual obligations, the liability of the University of Münster is limited to typical, foreseeable damages at the time of establishment of the user relationship.

14.3

Possible official liability claims against the University of Münster remain unaffected by the above provisions.

15. Acceptance of the terms of service

Acceptance of the current terms of service is required before a dataset can be published in datastore. The University of Münster reserves the right to change or supplement the general terms of service at any time. The correspondingly amended terms apply from the time of publication. For datasets already published at that time, the terms of service agreed upon at the time of publishing continue to apply.

16. Final Provisions

16.1

All legal relationships between the contractual partners concerning the use of the datastore service are subject to the substantive law of the Federal Republic of Germany, excluding the UN Sales Law and non-mandatory international private law.

16.2

If individual provisions of these general terms of service are or become ineffective, this does not affect the effectiveness of the provisions in other respects. The ineffective provision is to be replaced by a substitute provision corresponding to the purpose of the agreement, which comes as close as possible to the sense of the ineffective provision. The same applies if the general terms of service prove to be incomplete or impracticable.

16.3

These general terms of service take effect the day after their publication on 19.02.2026.

cc-0

This work is licensed under the Creative Commons license type ‘CC0 1.0 Universal’: https://creativecommons.org/publicdomain/zero/1.0/.
The University of Münster logo and the datastore logo are not subject to this license and are explicitly excluded.