MyTrial Logo

TERMS AND CONDITIONS

Last updated: December 08, 2024

Welcome to MyTrial (“Company,” “we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your use of our website, mytrial.com, and all associated services, applications, platforms, and tools provided by us (collectively, the “Services”). By accessing, browsing, or using the Services, you (���you” or “User”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, please discontinue your use of the Services immediately.

1. ACCEPTANCE OF TERMS

By accessing or using our Services, you affirm that you are capable of forming a binding contract with us and that you have read, understood, and agree to these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. ELIGIBILITY

The Services are intended solely for individuals 18 years of age or older, or the age of majority in your jurisdiction (whichever is greater). By using the Services, you represent and warrant that you meet this age requirement. The Company reserves the right to refuse access to the Services, terminate accounts, and remove or edit content at our sole discretion.

3. CHANGES TO TERMS

We may revise these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review the Terms periodically.

4. DESCRIPTION OF SERVICES

MyTrial provides a platform designed to connect patients, healthcare providers, clinical trial sponsors, and researchers. Our Services may include, without limitation:

  • Facilitating access to information on ongoing or upcoming clinical trials;
  • Enabling communication between patients, healthcare professionals, and trial sponsors;
  • Providing patient education materials, health resources, and trial-related updates;
  • Offering tools to manage trial participation and track progress.

We do not guarantee the availability, accuracy, or reliability of any trial information, and we do not endorse any specific healthcare provider, treatment, or trial. The Services are informational in nature and are not intended to replace professional medical advice, diagnosis, or treatment.

5. NO MEDICAL ADVICE

NO MEDICAL ADVICE: MyTrial is not a healthcare provider. The Services are not a substitute for medical advice, diagnosis, or treatment by a qualified healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition. If you think you may have a medical emergency, call your doctor or emergency services immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services.

6. USER ACCOUNTS AND REGISTRATION

To access certain features of the Services, you may be required to create a user account. You agree to provide accurate, current, and complete information and to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials, and you agree not to share or transfer your account to any third party. You are fully responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.

7. USER RESPONSIBILITIES

By using the Services, you agree to:

  • Use the Services in compliance with all applicable laws, regulations, and these Terms;
  • Provide truthful and accurate information in any interactions with the Services or other users;
  • Refrain from using the Services for any fraudulent, unauthorized, or unlawful purpose;
  • Use the Services in a manner that does not infringe, misappropriate, or violate the rights of any third party.

8. USER CONTENT

“User Content” includes any content, data, information, text, images, videos, or other materials that you submit, post, display, or transmit through the Services. You retain ownership of your User Content, but you grant MyTrial a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display, and perform your User Content in connection with operating and improving the Services.

You represent and warrant that you have all necessary rights, licenses, and permissions to share your User Content and that it does not violate any laws or third-party rights. We reserve the right to remove or modify User Content at our discretion, including content that we believe violates these Terms or applicable law.

9. INTELLECTUAL PROPERTY OF MYTRIAL

All content and materials provided through the Services (excluding User Content), including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and trademarks, are the property of MyTrial or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, display, sell, license, or otherwise exploit our content or intellectual property without our prior written permission.

10. PROHIBITED CONDUCT

You agree not to:

  • Access or use the Services for any commercial or competitive purpose without authorization;
  • Scrape, crawl, or use any automated means to access the Services;
  • Upload, post, or transmit viruses, malware, or harmful code;
  • Encourage or facilitate any illegal activities through the Services;
  • Interfere with the security features or integrity of the Services.

11. THIRD-PARTY LINKS AND RESOURCES

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by MyTrial. We do not endorse or assume responsibility for any third-party content. Your interactions with third-party websites and services are at your own risk and subject to their terms and policies.

12. PAYMENTS AND FEES (IF APPLICABLE)

If certain aspects of the Services require payment, you agree to pay all fees and charges in accordance with the applicable pricing terms. All payments are non-refundable unless otherwise stated. We reserve the right to change our pricing and introduce new charges at any time, with notice to you.

13. BETA FEATURES

We may, from time to time, introduce new features or tools that are in beta testing. These features are provided “as is” and “as available,” without any warranties, and may be modified or discontinued at our sole discretion. Your use of beta features is at your own risk.

14. PRIVACY AND DATA PROTECTION

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Services, you consent to our collection and use of your personal data as outlined in the Privacy Policy.

15. CONFIDENTIALITY

Certain information you access through the Services may be confidential and proprietary to us or third parties. You agree not to disclose, reproduce, or use such confidential information without prior written consent, except as required by law.

16. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MYTRIAL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE.

17. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYTRIAL, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO MYTRIAL IN THE LAST SIX (6) MONTHS OR ONE HUNDRED U.S. DOLLARS ($100).

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MyTrial, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Services;
  • Your violation of these Terms;
  • Your violation of any rights of another person or entity;
  • Your User Content or feedback you provide.

19. TERMINATION AND SUSPENSION

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination, all rights granted to you will immediately cease, and you must discontinue all use of the Services.

20. GOVERNING LAW AND JURISDICTION

These Terms and any disputes arising under them shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the federal or state courts located in San Francisco, California, and you consent to the personal jurisdiction of such courts.

21. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms or the Services to final and binding arbitration under the rules of the American Arbitration Association. By using the Services, you agree to arbitration on an individual basis, and you waive the right to participate in a class action or class-wide arbitration.

22. INTERNATIONAL USE AND EXPORT COMPLIANCE

The Services may be accessed from countries around the world. We do not guarantee that the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from other countries, you do so at your own risk and are responsible for compliance with local laws. You agree to comply with all U.S. and foreign export laws and regulations in using the Services.

23. COMPLIANCE WITH LOCAL LAWS

You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you, including those related to data privacy, medical and healthcare regulations, and clinical research.

24. FORCE MAJEURE

MyTrial shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, civil unrest, labor shortages, internet or communication outages, or governmental actions.

25. NOTICE OF COPYRIGHT INFRINGEMENT (DMCA)

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our designated agent in accordance with the Digital Millennium Copyright Act (DMCA). You must provide all details required by the DMCA. Our designated agent’s contact information is available upon request.

26. RELATIONSHIP OF THE PARTIES

Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and MyTrial. You do not have any authority to bind MyTrial in any respect whatsoever.

27. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms at any time without restriction.

28. THIRD-PARTY BENEFICIARIES

These Terms do not create any third-party beneficiary rights, except as expressly stated herein.

29. SEVERABILITY

If any provision of these Terms is deemed unenforceable or invalid, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

30. NO WAIVER

Our failure to enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

31. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other legal notices published on the Services, constitute the entire agreement between you and MyTrial regarding the Services and supersede all prior agreements and understandings.

32. SURVIVAL

Provisions of these Terms that, by their nature, should survive termination of your use of the Services shall remain in effect after such termination, including but not limited to the provisions regarding intellectual property, disclaimers, indemnities, and limitations of liability.

33. CONTACT INFORMATION

If you have questions or concerns about these Terms or the Services, please contact us at:

Email: info@mytrial.com