MyTrials.AI Solutions Inc. (“MyTrials”, “we” or “us”) provides a service
(the “Service”) via the site https://mytrials.ai/ (the “Site”) for
individuals to efficiently access clinical medical trials and for medical
institutions sponsoring clinical trials to connect with such patients.
These terms of service (as amended, these “Terms”) governs your use of the
Service and the Site, whether as a casual user or a registered user, and
in any capacity.
THESE TERMS CONTAIN IMPORTANT LIMITATIONS ON
REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES AND LIABILITIES THAT ARE
APPLICABLE TO YOUR ACCESS TO AND USE OF THE SERVICES.
ACCORDINGLY, YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THE
SERVICES. BY USING THE SERVICE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY
THAT YOU AGREE TO THESE TERMS OF SERVICE:
1. YOU AGREE TO THE TERMS HEREOF, INCLUDING THAT YOU CONSENT TO THE
INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY, WHICH IS
INCORPORATED HEREIN BY REFERENCE.
2. IF YOU ARE AN AGENT OR
EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL
ACCEPTING THESE TERMS IS AUTHORIZED TO ACCEPT THESE TERMS ON SUCH ENTITY’S
BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER,
CORPORATE OR OTHERWISE, TO ENTER INTO THESE TERMS AND PERFORM ITS
OBLIGATIONS HEREUNDER. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE
THE SITE OR ANY OF ITS CONTENT OR SERVICES.
3. YOU ACKNOWLEDGE
THAT THE SERVICE IS OFFERED AND AVAILABLE ONLY TO THOSE USERS WHO ARE 18
YEARS OF AGE OR OLDER AND, THAT BY USING THIS SERVICE, YOU REPRESENT AND
WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WE AND
MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS, AND THAT IF YOU DO NOT
MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE SERVICE.
Please note that we offer the Service “AS IS” and without warranties. All
information we collect on the Service is subject to our Privacy Policy. By
using the Service, you consent to all actions taken by us with respect to
your information in compliance with the Privacy Policy.
WE DO NOT PROVIDE MEDICAL ADVICE.
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A
SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE,
DIAGNOSIS, OR TREATMENT. YOU ARE ENCOURAGED TO SEEK PROFESSIONAL MEDICAL
DIAGNOSIS AND TREATMENT FOR ANY MEDICAL CONDITION, AND TO DISCUSS
INFORMATION ABOUT FROM THE SITE WITH YOUR HEALTHCARE PROVIDER. INFORMATION
PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES AND IS IN NO
WAY INTENDED TO SUBSTITUTE CONSULTING A MEDICAL PROFESSIONAL. DO NOT
DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTH CARE
PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT
USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED
ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE
SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE
TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
RESULTS GENERATED FROM OUR DATABASE ARE NOT, AND SHOULD NOT BE CONSIDERED
AS, MEDICAL ADVICE. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS,
STUDIES, PROTOCOLS, TREATMENTS, PHYSICIANS, PROCEDURES, OPINIONS, PRODUCTS
OR OTHER INFORMATION THAT MAY APPEAR ON THE SITE OR ON LINKS REACHED
THROUGH THE SITE.
If you rely on any of the information provided by the
Site, you do so solely at your own risk. In view of the constant advances
in medical knowledge and differences of opinion among medical authorities,
you are advised to confirm information on the Site with your healthcare
provider. We have no control over, and cannot guarantee the availability
of any clinical trial at any particular time. We are not liable for
cancelled clinical trials or your inability to participate in clinical
trials or any injury resulting there from. Studies presented on the Site
may not be approved by the participating medical center’s institutional
review board, may be cancelled, or may not be enrolling patients.
Service
All right, title and interest in and to the Site and the Service
(including the data, information, text, images, designs, sound, music,
marks, logos, compilations and including any Derived Data) and other
content on or made available through the Service, our technology and all
improvements and derivatives of the foregoing (including all intellectual
property and proprietary rights embodied therein or associated therewith)
are and shall remain owned by us or our licensors, and these Terms in no
way convey any right, title or interest in the Site, Service or our other
technology other than a limited right to use the Site and Service in
accordance with these Terms.
Limited License
Subject to these Terms, we
hereby grant to you a limited, royalty-free, non-exclusive,
non-sublicensable, non-transferable right to access and use the Service in
accordance with these Terms solely for your personal and/or internal
business purposes and without any right of redistribution, reproduction,
sale, rent or sub-license of any kind. All rights not expressly granted to
you are reserved by us and our licensors. There are no implied rights. We
reserve the right to restrict access to all or any part of the Site. User
Obligations and Restrictions You shall not (and shall not allow any third
party to): (a) permit any third party to access or use the Service except
as envisioned by the Service in its normal operation or specified herein;
(b) alter, modify, debug, reverse engineer, decompile, disassemble, or
otherwise attempt to derive or gain access to any software (including
source code) associated with the Service; (c) use any unauthorized robot,
spider, scraper or other systematic or automated means to access the
Service, or engage in any scraping, data-mining, harvesting, data
aggregating or indexing of the Service except to have copy of you Data (d)
frame or mirror any content forming part of the Service; (e) access the
Service in order to (i) build a competitive product or service, or (ii)
copy, show or redistribute any ideas, features, functions or graphics of
the Service; (f) use our website in any way that causes, or may cause,
damage to the website or impairment of the availability or accessibility
of the website; or in any way which is otherwise unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal,
fraudulent or harmful purpose or activity; (g) copy, store, host,
transmit, send, use, publish or distribute any material which consists of
(or is linked to) any spyware, computer virus, Trojan horse, worm,
keystroke logger, rootkit or other malicious computer software; (h) to
transmit or send unsolicited commercial communications; or (i) for any
purposes related to marketing. You shall keep any passwords provided to
you safe, secure and confidential, and shall be responsible for all use of
the Service using passwords issued to you. You shall notify us immediately
of any actual or suspected unauthorized use of your passwords for the
Service. Without limiting any of its other rights or remedies, we reserve
the right to suspend access to the Service if we reasonably believe that
you have materially violated the restrictions and obligations in these
Terms after providing you written notice remained ineffective within 10
days. Without prejudice to our other rights under these Terms, if you
breach these Terms in any way, or if we reasonably suspect that you have
breached these Terms in any way, we may: (i) send you one or more formal
warnings; (ii) suspend or delete your access to the Site or to your
account; (iii) permanently prohibit you from accessing the Site, directly
or indirectly; (iv) bring court proceedings against you for breach of
contract or otherwise; or (v) delete or edit any User Data submitted or
transmitted by you. You shall not circumvent any such action.
Feedback
You may from time to time provide us with reasonable feedback with respect to
the Service, including without limitation information on usability and
evaluation of the Service (“Feedback”). You agree that any such Feedback,
as well as any other know-how, developments, improvements, or data
concerning the Service that you may suggest or provide to us will be our
sole property and we may use such Feedback for any purposes that we see
fit.
User Data
For purposes of these Terms, “User Data” means content and
other material (including without limitation text, images, audio material,
video material and audio-visual material but excluding Feedback) that you
submit or transmit to the Site or the Service, for any purpose. You grant
to us a non-exclusive, worldwide, royalty-free fully paid-up license to
access, collect, use, analyze, store and process any User Data solely to:
(i) provide the Service to you; (ii) evaluate, train and improve the
functions, features and operation of the Service or the service(s)
operated by any of our licensors; and (iii) to create anonymized and
aggregated data sets (“Derived Data”). To the extent that any User Data
transmitted to and collected by the Service, includes personal
information, we will treat such information as confidential in accordance
with the requirements of these Terms. You are solely responsible for your
User Data. Your User Data is and will remain within your right to use,
accurate, complete and current. Your use of the Service will comply with
all applicable laws and regulations. You will not infringe the rights of
any third party (including without limitation any intellectual property
rights or privacy rights) in your use of the Service. Your User Data must
not be illegal or unlawful, must not infringe any third party’s legal
rights, and must not be capable of giving rise to legal action whether
against you or us or a third party (in each case under any applicable
law). As applicable, User Data must be appropriate, civil, tasteful and in
accord with generally accepted standards of etiquette and behavior on the
internet, and specifically and solely limited to and relating to your use
of the Site and Service for its intended purposes. You must not use our
website to link to any website or web page consisting of or containing
material that would, were it posted on our website, breach the provisions
of these Terms.
Disclaimers
WE DO NOT WARRANT THE ACCURACY OF ANY CONTENT
(INCLUDING ANY HYPERLINKS) MADE AVAILABLE ON THE SITE OR ANY USER DATA
SUBMITTED BY ANY THIRD PARTY. THE LINKS ARE NOT RECOMMENDATIONS. WE HAVE
NO CONTROL OVER THE CONTENTS OF ANY THIRD PARTY WEBSITES, AND WE ACCEPT NO
RESPONSIBILITY FOR THEM OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR
USE OF THEM
THE SERVICES ARE PROVIDED ON AN “AS–IS”, “WITH ALL FAULTS”,
AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY
WHATSOEVER, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH
RESPECT TO THE SERVICE (IN EACH CASE WHETHER EXPRESS OR IMPLIED BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE),
INCLUDING ANY WARRANTY (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, (B) THAT THE SERVICE WILL MEET YOUR
REQUIREMENTS, WILL ALWAYS BE AVAILABLE , ACCESSIBLE, UNINTERRUPTED,
TIMELY, OR OPERATE WITHOUT ERROR, (C) AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE, OR (D) AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE. WE CANNOT
GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE
SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY
RESPONSIBLE FOR TAKING STEPS AND ENGAGING SUCH OTHER VENDORS AS MAY BE
REQUIRED TO ENSURE SUCH PROTECTIONS, AND FOR MAINTAINING THE INTEGRITY AND
RECOVERABILITY OF ANY USER DATA.
YOU ACKNOWLEDGE THAT THE SERVICE IS
HOSTED BY A THIRD-PARTY HOSTING WE (THE “HOSTING CONTRACTOR”) AND USES
THIRD PARTY SERVER HARDWARE, DISK STORAGE, FIREWALL PROTECTION, SERVER
OPERATING SYSTEMS, MANAGEMENT PROGRAMS, WEB SERVER PROGRAMS FOR DELIVERY
OF THE SERVICE (THE “HOSTING CONTRACTOR SERVICES”). ADDITIONALLY, WE MAY
USE THIRD PARTIES TO HELP RECEIVE PAYMENTS (“PAYMENT PROCESSOR”). WE MAY
CHANGE OUR HOSTING CONTRACTOR AND PAYMENT PROCESSOR AT ANY TIME. YOUR USE
OF THE SERVICE IS SUBJECT TO ANY RESTRICTIONS IMPOSED BY THE HOSTING
CONTRACTOR AND THE PAYMENT PROCESSOR, AS APPLICABLE. NOTWITHSTANDING ANY
OTHER PROVISION OF THESE TERMS, WE SHALL NOT BE LIABLE FOR ANY PROBLEMS,
FAILURES, DEFECTS OR ERRORS WITH THE SERVICE TO THE EXTENT CAUSED BY THE
HOSTING CONTRACTOR OR PAYMENT PROCESSOR.
WITHOUT LIMITING THE FOREGOING:
(A) WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL PRODUCE ACCURATE
OR RELEVANT CONTENT FOR THE CUSTOMER, OR OTHERWISE PERFORM WITHOUT
INTERRUPTION OR ERROR; (B) WHILE MAINTAINING REASONABLE DATA SECURITY
MEASURES AS PER THIS AGREEMENT, WE CANNOT GUARANTEE THAT THE SERVICE IS
SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, OR THAT CUSTOMER
USAGE DATA WILL REMAIN PRIVATE OR SECURE UPON SUCH HACKING OR INTRUSION;
(C) WE DO NOT REPRESENT THAT THE OUTPUT GENERATED BY THE SERVICE WILL BE
SATISFACTORY IN ANY WAY TO YOU; (D) IF APPLICABLE AT ANY TIME, WE WILL NOT
HAVE ANY CONTROL OVER THE OPERATION OF THE THIRD PARTY LLMS IT ACCESSES AS
PART OF ITS PROCESSING ACTIVITIES, THE OUTPUTS THEY GENERATE, OR THE
CONTINUED AVAILABILITY OF ANY THIRD PARTY LLMS; AND (E) YOU UNDERSTAND
THAT YOU ARE ULTIMATELY RESPONSIBLE FOR ALL DECISIONS MADE, ACTIONS TAKEN,
AND FAILURES TO TAKE ACTION BASED ON YOUR USE OF THE SERVICE, WHICH MAY
USE AI TO GENERATE PREDICTIONS BASED ON PATTERNS IN DATA. OUTPUT GENERATED
BY AI (INCLUDING THIRD PARTY LLMS) IS PROBABILISTIC AND SHOULD BE
EVALUATED FOR ACCURACY AS APPROPRIATE FOR YOU.
Limitations of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF
DATA, PROFITS OR REVENUE) ARISING OUT OF OR RELATED TO THE SERVICE OR
THESE TERMS, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OUR
TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE
OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, SHALL NOT EXCEED $200.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY
DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION.
Indemnification
You hereby indemnify us, our affiliates, licensors and service providers,
and ours and their respective officers, directors, employees, contractors,
agents, licensors, suppliers, successors and assigns (“Indemnified
Parties”) and undertake to keep the Indemnified Parties indemnified
against any losses, damages, costs, liabilities and expenses (including
without limitation legal expenses and any amounts paid by the Indemnified
Parties to a third party in settlement of a claim or dispute on the advice
of the Indemnified Parties’ legal advisers) incurred or suffered by the
Indemnified Parties arising out of any breach by you of any provision of
these terms of use or your use of the Site, or arising out of any claim or
judgment that you have breached any provision of these Terms.
Variation
We
may revise these terms of use from time-to-time. Revised terms of use will
apply to the use of our website from the date of the publication of the
revised terms of use on the Site. Please check this page regularly to
ensure you are familiar with the current version. Your continued use of
the Site implies acceptance of any revised terms of use.
Assignment
We may
sub-contract, assign, delegate or otherwise transfer our rights, remedies
and obligations under these terms of use without notifying you or
obtaining your consent. You may not sub-contract, assign, delegate or
otherwise transfer your rights, remedies and obligations under these terms
of use, without our express written consent.
Entire Agreement
These Terms
contain the complete understanding and agreement of the parties with
respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, oral or written, with
respect thereto.
Force Majeure
We will not be liable to the you for any
failure or delay in performance by circumstances beyond our control,
including, fire, labor difficulties, telecommunication failures, internet
unavailability, governmental actions or terrorism.
Waiver
No waiver by
either Party of any of the provision of these Terms is effective unless
explicitly set forth in writing and signed by such Party. No failure to
exercise, or delay in exercising, any right, remedy, power or privilege
arising from these Terms operates, or may be construed, as a waiver
thereof. No single or partial exercise of any right, remedy, power or
privilege hereunder precludes any other or further exercise thereof or the
exercise of any other right, remedy, power or privilege.
Severability
If
any provision of these Terms is held to be unenforceable or illegal by a
court or tribunal of competent jurisdiction, such provision will be
modified to the extent necessary to render it enforceable, or will be
severed from these Terms, and all other provisions of these Terms will
remain in full force and effect.
Choice of Law
Any question, claim or
controversy arising out of or related to these Terms will be governed by
and construed in accordance with the laws of the Province of British
Columbia, Canada, without giving effect to any conflicts of laws provision
thereof or of any other jurisdiction that would produce a contrary result.
Any legal suit, action or proceeding arising out of, or related to, these
terms of use or the Site shall be instituted exclusively in the courts of
the Province of British Columbia in each case located in the City of
Vancouver (although we retain the right to bring any suit, action or
proceeding against you for breach of these terms of use in your country of
residence or any other relevant country). You waive all objections to the
exercise of jurisdiction over you by such courts and to venue in such
courts.
Arbitration
At our sole discretion, we may require you to submit
any disputes arising from the use of these terms of use or the Site,
including disputes arising from or concerning their interpretation,
violation, invalidity, non-performance, or termination, to final and
binding arbitration under the Rules of Arbitration of the Canadian
Arbitration Association applying British Columbia law.