Science 37 Mobile Terms And Conditions
Terms and Conditions of Science 37 Web-based and Mobile Application Platform
Your use of Science 37’s Web-based or Mobile Application Platform constitutes your acceptance of these Terms and Conditions. You were provided access to Science 37’s Web-based and/or Mobile Application Platform in order to facilitate your participation in a clinical trial. Please make sure you read these Terms and Conditions carefully, in particular those sections on Disclaimer of Warranties, License Restrictions, Your Representations and Warranties, Limitation of Liability, Indemnification, and Governing Law, which we have capitalized, underlined, or bold to prompt your attention. Rejection of these Terms and Conditions may affect your eligibility to participate in that trial.
Who we are and about this agreement
Science 37, Inc. (collectively referred to as “Science 37”, “We” or “Us”) facilitates your participation in a clinical trial by licensing its Science 37 Web-based and/or Mobile Application Platform (“Platform”) to you. The Platform enables you to utilize the Science 37 Platform as part of the clinical trial (“Trial”) in which you have expressed interest. These terms and conditions (“Terms and Conditions”) form a legal agreement between Science 37 and you, the individual (“you” and “your”) concerning your access to and use of the Platform and Service. The provision of the Platform is referred to in these Terms and Conditions as the “Service.”
Science 37’s role is limited to making this Platform and the Service available to you. Science 37 is independent from the clinical trial sponsor and the healthcare providers and other personnel who will be providing trial-related services to you through the Service. Science 37 is not responsible for and has no liability for such healthcare providers’ personnel’s acts, omissions or for any content of the communications made by them. By providing this Platform and Service, Science 37 is not providing medical or health advice or services.
Support for the Platform
If you want to learn more about the Platform or need support in using the Platform, please contact us at firstname.lastname@example.org.
You must be age 13 (or the equivalent minimum age in your country or territory of residence) or over to accept these Terms and Conditions and use the Platform.
If you do not have legal capacity (for example because you are a minor) to enter into these Terms and Conditions, please ensure you read these Terms and Conditions with your legal guardian and only use the Platform if they have consented to your use and these Terms and Conditions.
How you may use the Platform
In return for agreeing to comply with these Terms and Conditions, you may:
(i) download a copy of the Platform onto your mobile device and view, use and display the Platform and the Service on such device for your personal purposes only; and
(ii) receive and use any supplementary software code or updates of the Platform incorporating "patches" and corrections of errors that we make available to you.
You may not transfer the Platform to someone else.
In exchange for your agreement with these Terms and Conditions, we are giving you personally the right to use the Platform and the Service as set out above. You may not otherwise transfer the Platform or the Service to someone else.
Updates to the Platform and changes to the Service
From time to time we may automatically update or change the Platform and/or Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Platform for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform and the Service.
If someone else owns the phone or device you are using
If you download the Platform onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms and Conditions, whether or not you own the phone or other device onto which you have downloaded the Platform.
You agree that you will not:
(i) copy the Platform, except as expressly permitted by this license;
(ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;
(iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
(iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
(v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time; or
(vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform.
Your representations and warranties
By using the Platform you agree to the following:
(i) you will not use the Platform or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses or harmful data, into the Platform or Service;
(ii) you will not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or Service;
(iii) you will not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or Service;
(iv) you will not use the Platform or Service in a way that could damage, disable, overburden, impair or compromise the security of the Platform or Service or interfere with other users; and
(v) you will not collect or harvest any information or data from the Service.
Intellectual property rights
All intellectual property rights in the Platform and the Service throughout the world belong to Science 37 and the rights in the Platform and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform or the Service other than the right to use them in accordance with these Terms and Conditions.
If you violate these Terms and Conditions, your ability to use the Platform and/or Service will be terminated. These actions are in addition to any other right or remedy Science 37 may have available at law.
You may terminate these Terms and Conditions by ceasing to access and use the Platform.
We may terminate these Terms and Conditions at any time without notice, for any or for no reason.
All rights granted to you under these Terms and Conditions will also terminate; and you must cease all use of the Platform and delete the App from your mobile device. Science 37 will remove your access rights to the Platform.
Termination will not limit any of Science 37's rights or remedies at law or in equity.
Disclaimer of Warranties. THE PLATFORM IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SCIENCE 37 EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, SCIENCE 37 PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS AND CONDITIONS SEEKS TO EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY TO THE OTHER FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAWS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.
Security of Platform. You understand and agree that the Platform, like most other Internet software and services, may be subjected to security issues (including but not limited to security issues causing by users, network service quality, social environment, viruses, Trojan horse programs, malicious programs etc.). Science 37 is not responsible for, and cannot ensure, the security of any data transmission made by you or your mobile device using unsecured Internet connections. You accept the inherent security implications of using the Platform, and we advise you adopt security measures to protect your device (such as by updated antivirus systems).
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCIENCE 37 HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE CONTENT AND SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR SCIENCE 37 WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold harmless Science 37 and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Platform or Service or your breach of these Terms and Conditions, including but not limited to the content you submit or make available through this Platform.
Severability. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect.
Governing Law. These Terms and Conditions are governed by and construed in accordance with the internal laws of the State of California, U.S.A. without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the Platform shall be instituted exclusively in the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any applicable purchase or other terms, the terms of these Terms and Conditions shall govern.
Update to contract terms. These Terms and Conditions may be updated from time to time. By continue using the Platform, you are agreeing to accept all the updated Terms. If you do not agree with any of the updated Terms and Conditions, you must stop using the Platform.
If you have any questions about these Terms and Conditions or need to provide notice to or communicate with Science 37, please contact us at Legal@Science37.com.