1. Acceptance of Terms
By accessing or using Clincove (“the Software”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use the Software. Clincove reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Software following the posting of any changes constitutes acceptance of those changes.
2. Software Overview
Clincove provides clinical trial data management services, including but not limited to electronic data capture (EDC), eSource integration, physical source record ingestion, investigator site file management, and other related services. The Software is intended for use by clinical research organizations (CROs), sponsors, sites, and other clinical trial stakeholders.
3. User Eligibility
You must be at least 18 years old to use Clincove. By accepting these Terms, you confirm that you are authorized to use the Software for the purposes of managing clinical trial data, and that you will comply with all applicable laws and regulations, including those governing clinical trials and data protection.
4. Data Security and Privacy
Clincove is committed to maintaining the security and confidentiality of all clinical trial data. The Software is compliant with applicable laws and regulations regarding data protection, including but not limited to HIPAA (Health Insurance Portability and Accountability Act), GDPR (General Data Protection Regulation), and other relevant regulations. By using the Software, you acknowledge and agree to the collection, storage, and processing of data in accordance with our Privacy Policy.
You are responsible for ensuring that your use of the Software, including the uploading and handling of any patient data, complies with all applicable privacy and security laws. Clincove is not responsible for your compliance with these requirements.
5. License to Use Software
Clincove grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software solely for the management of clinical trial data, in accordance with these Terms and applicable agreements. You agree not to copy, modify, distribute, sell, or lease any part of the Software, nor to reverse-engineer or attempt to extract the source code of the Software.
6. Data Ownership
You retain all rights to the data you input, store, or manage within Clincove. Clincove will not claim ownership of your clinical trial data. However, you grant Clincove a worldwide, non-exclusive, royalty-free license to use, store, and process your data for the purpose of providing and improving the Software.
7. Data Processing and Sharing
Clincove may process clinical trial data in accordance with your instructions, subject to applicable law. You are responsible for obtaining any necessary consents or approvals from trial participants for the collection and processing of their data. Clincove will not share your clinical trial data with third parties, except as required by law, or as necessary to provide services, or if authorized by you.
8. Responsibilities of Users
As a user of Clincove, you agree:
• To use the Software only for lawful purposes and in compliance with all applicable regulations and clinical trial protocols.
• To ensure that all data entered into the Software is accurate and that you have the right to use the data in the manner you do.
• Not to misuse the Software by attempting to gain unauthorized access to systems, tamper with the Software, or interfere with the Software’s functionality.
• To keep login credentials secure and confidential. You are responsible for any activities that occur under your account.
9. Availability of Service
Clincove strives to ensure that the Software is available 24/7, but does not guarantee uninterrupted or error-free service. Clincove reserves the right to temporarily suspend access to the Software for maintenance, upgrades, or other necessary actions. Users will be notified of planned outages when possible.
10. Limitation of Liability
Clincove provides the Software on an “as is” and “as available” basis. To the maximum extent permitted by law, Clincove disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Clincove does not guarantee that the Software will meet your specific requirements, operate error-free, or be free from unauthorized access.
In no event will Clincove be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, use, data, or other intangibles, arising out of or related to the use or inability to use the Software, even if Clincove has been advised of the possibility of such damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless Clincove, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of your use of the Software, your violation of these Terms, or your violation of any applicable law or regulation.
12. Termination
Clincove reserves the right to terminate or suspend your access to the Software at any time, without notice, for conduct that violates these Terms or is otherwise harmful to other users, the Software, or Clincove’s interests. Upon termination, you must cease all use of the Software and delete any copies of the Software in your possession.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [your jurisdiction]. Any disputes arising from or relating to these Terms or the use of the Software will be subject to the exclusive jurisdiction of the courts located in [your jurisdiction].
14. Changes to Terms
Clincove reserves the right to modify these Terms at any time. Users will be notified of any material changes, and continued use of the Software after such changes constitutes acceptance of the new Terms.
15. Contact Information
If you have any questions about these Terms, please contact us at info@clincove.com.