1. Introduction

Welcome to ClinicaldataS (or CDS ) – A Clinical Cloud Platform.

Thank you for choosing our services. We offer core EDC, Patient Support Program, Randomization, ePRO, and other customizable solutions. We appreciate your trust in our services.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our services located at www.clinicaldatas.net, other sub-domains of www.clinicaldatas.net, CDS mobile applications and other applications, softwares, services provided by Horusoftaceae (together or individually “Service”) operated by Horusoftaceae Ltd., Co.

Our Privacy Policy (at https://www.clinicaldatas.net/privacy-policy ) also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes our Terms and Privacy Policy (“Agreements”). You acknowledge that you have read, understood, and agree with our Policies.

If you do not agree with (or cannot comply with) our Policies, then you may not use ClinicalDataS, but please let us know by emailing us at [email protected] so, we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communication

By using our Service, you agree to subscribe to newsletters, marketing, or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at contact@clinicaldatas.net.

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties and to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product/service availability, errors in the description or price of the product/service, errors in your order, or any other reasons.

We reserve the right to refuse or cancel your order if fraud, unauthorized, or illegal transaction is suspected

4. Subscriptions

Some parts of Service may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Horusoftaceae Ltd., Co. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting [email protected] customer support team.

A valid payment method is required to process the payment for your subscription. You shall provide Horusoftaceae Ltd., Co. with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Horusoftaceae Ltd., Co. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Horusoftaceae Ltd., Co. reserves the right to terminate your access to the Service with immediate effect.

5. Free Trial

Horusoftaceae Ltd., Co. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Horusoftaceae Ltd., Co. until the Free Trial has expired. On the last day of the Free Trial period, unless you have cancelled your Subscription, you will automatically be charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Horusoftaceae Ltd., Co. reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel the Free Trial offer.

6. Fee Changes

Horusoftaceae Ltd., Co. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of ClinicalDataS after the Subscription fee changes comes into effect constitutes your agreement to pay the modified Subscription fee amount.

7. Refunds

No refund policy at this time.

8. Compliance

Our services are intended for research purposes only. They do not constitute medical advice. Please consult with a healthcare professional for any medical concerns.

You are solely responsible for your use of our services. Please use them responsibly and in compliance with all applicable laws and regulations

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Horusoftaceae Ltd., Co. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Horusoftaceae Ltd., Co. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

9. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, any other person, or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, harmful, and/or in connection with any unlawful, illegal, fraudulent, or harmful purpose/activity

0.6. To engage in any other conduct that restricts and/or inhibits anyone’s use of Service, may harm, offend, or expose Company or users of Service to liability

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor, copy, or any other unauthorized purpose any of the material on Service without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of Service.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

10. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

11. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

12. Accounts

In order to use our services,  you need to create an account with us. In some cases an account may be provided to you by a party you work with. Either way, you guarantee that you are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use any of the following as a username: the name of a trademark, another person, entity, or anything offensive, vulgar, obscene, or otherwise unlawful for your use.

We strongly recommend you enable two-factor authentication to ensure your account is protected even if your password or email account gets compromised.

13. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Horusoftaceae Ltd., Co. and its licensors. Service is protected by copyright,trademark,and other laws within vietnamese law and the users’ governing body. Our trademarks may not be used in connection with any product or service without the prior written consent of Horusoftaceae Ltd., Co.

14. Error Reporting and Feedback

You may provide us either directly at contact@clinicaldatas.net or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

15. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Horusoftaceae Ltd., Co.

Horusoftaceae Ltd., Co. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

16. Limitation Of Liability

Horusoftaceae and its affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising from the use of our services

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of Vietnam, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

18. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

19. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

20. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

21. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

22. Contact Us

Please send your feedback, comments, requests for technical support by email: contact@clinicaldatas.net.