Terms of Service

By accessing or using the Clincove platform, website, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service. We recommend that you review these Terms carefully before using our platform. Your continued use of the Service after any modifications to these Terms constitutes your acceptance of the revised Terms.

Platform Overview

Clincove provides a unified clinical trial management platform that includes electronic Investigator Site Files (eISF), electronic Trial Master Files (eTMF), Electronic Data Capture (EDC), eSource documentation, and AI-powered protocol management tools. The Service is designed to streamline clinical trial operations, improve regulatory compliance, and accelerate research timelines.

Service Availability

We strive to maintain 99.99% uptime for our platform. However, we reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will provide reasonable advance notice for any material changes or planned maintenance that may impact Service availability.

Regulatory Compliance

The Service is designed to support compliance with applicable regulations including FDA 21 CFR Part 11, HIPAA, GDPR, and ICH-GCP guidelines. However, it remains the responsibility of each customer to ensure their own regulatory compliance when using the platform.

Account Registration

To access the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Clincove immediately of any unauthorized use of your account.

Account Security

You are required to use multi-factor authentication (MFA) when accessing the platform. You must not share your account credentials with any other person. Clincove reserves the right to suspend or terminate accounts that are used in violation of these Terms or that pose a security risk.

Account Types

Clincove offers various account types with different levels of access and functionality. Your organization's subscription plan determines which features and capabilities are available. Enterprise accounts may designate administrators who can manage user access and permissions within their organization.

Permitted Uses

You may use the Service only for lawful purposes related to clinical trial management and in accordance with these Terms. You agree to use the platform in compliance with all applicable laws, regulations, and industry standards, including but not limited to FDA regulations, HIPAA, and GDPR.

Prohibited Conduct

You agree not to: (a) use the Service for any unlawful purpose or in violation of any applicable law or regulation; (b) attempt to gain unauthorized access to any part of the Service or its related systems; (c) interfere with or disrupt the integrity or performance of the Service; (d) transmit any viruses, malware, or other harmful code; (e) reverse engineer, decompile, or disassemble any portion of the Service; (f) use the Service to store or transmit data that infringes on the intellectual property rights of any third party; (g) share access credentials with unauthorized parties; or (h) use automated systems to access the Service in a manner that exceeds reasonable usage.

Clincove Ownership

The Service, including all software, features, functionality, design elements, documentation, and related intellectual property, is owned by Clincove and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited license to use the Service as described herein.

Customer Data Ownership

You retain all rights and ownership of the data you upload, create, or transmit through the Service ("Customer Data"). By using the Service, you grant Clincove a limited, non-exclusive license to process, store, and transmit your Customer Data solely for the purpose of providing the Service to you. We will not use your Customer Data for any other purpose without your explicit consent.

Feedback

If you provide any suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant Clincove a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use such Feedback for any purpose, including to improve the Service.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CLINCOVE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLINCOVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

Liability Cap

In no event shall Clincove's total aggregate liability exceed the amounts paid by you to Clincove during the twelve (12) month period immediately preceding the event giving rise to the claim, or one thousand dollars ($1,000), whichever is greater.

You agree to indemnify, defend, and hold harmless Clincove, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any rights of a third party; or (e) any Customer Data you upload, create, or transmit through the Service.

Termination by You

You may terminate your account at any time by contacting us at support@clincove.com. Upon termination, you will retain access to the Service until the end of your current billing period. We will provide you with the ability to export your Customer Data for a period of 30 days following termination.

Termination by Clincove

Clincove may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms or if we reasonably believe your account poses a security risk. For terminations not caused by a breach, we will provide at least 30 days' advance notice.

Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability. Clinical trial data will be retained as required by applicable regulatory requirements.

Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California.

Dispute Resolution

Before initiating any legal proceedings, the parties agree to first attempt to resolve any dispute through good faith negotiations for a period of at least 30 days. If the dispute cannot be resolved through negotiation, either party may initiate binding arbitration in accordance with the rules of the American Arbitration Association.

Clincove reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and sending an email notification to the address associated with your account at least 30 days prior to the effective date of the changes. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

If you do not agree to the revised Terms, you must discontinue use of the Service before the effective date of the changes. For enterprise customers, material changes to these Terms will be negotiated in good faith and will not take effect until mutually agreed upon in writing.