TrialValue App Platform
Terms of Service
This Subscription Agreement is entered into by Rhieos-Ventures Ltd (“Rhieos”, “We” or “Us”) and you, the "User". The term "User" refers to the person who completed the registration process and their associated business entity. By logging in and continuing to use TrialValue App, User represents that he or she agrees to abide by the following terms and conditions.
TrialValue App Platform (TVA)
Subject to the terms of this Agreement, User can subscribe to and use TVA platform (the "App").
Upon full registration, User must pay the appropriate App access fees. User's access to App will be limited to the type of access and the number of persons allowed based on the subscription fee paid by the User. A subscription license is defined as a unique user id and password which is to be assigned to one employee of the User for the purpose of signing in to the App.
Definitions and Ownership Rights
"Project Estimates" is defined as study related costs, budgets and reports that has been developed using the App platform.
"App" is defined as the web based application created by Rhieos including all components and developmental add-ons which went into building the application.
"Owner" is defined as the person or legal entity which holds legal title and rights to the Estimates.
License. Rhieos hereby grants User a non-exclusive, revocable and non-transferable right to use the App for clinical research cost estimating and budgeting. This license shall terminate upon the termination of this Agreement. Use of the App is restricted solely to employees of the User. User may assign each authorized individual a unique username and password. Each unique username and password may be used to access the App by only one person at a time. Rhieos assumes no responsibility for the reproduction, distribution, or use of any Estimates other than in accordance with the terms and conditions of this Agreement.
Proprietary Rights. Title and ownership rights to the Estimates including copyrights, mask work rights, patents, trademarks, trade secrets, and other intellectual property rights, as well as all copies thereof reside and shall remain in the Owner.
Rhieos shall have no obligation to store or maintain Users access to Estimates or other data stored within or generated by the App after termination of this Agreement.
Rhieos has incorporated various computer software programs ("Applications") into the App. Subject to the terms and conditions of this Agreement, Rhieos grants User a personal, nonexclusive, and nontransferable license to use the Applications for User's own project planning, costing and budgeting needs only on an on-line basis in connection with User's use of App. This license shall terminate upon the termination of this Agreement. Use of the Applications shall be restricted to the internal use of employees of the User.
User acknowledges that the Applications, including associated report formats, screen displays, and menu features, and all derivative works are owned by or licensed to Rhieos. The Applications and all copies, versions, and derivative works of the Applications shall remain the sole property of Rhieos and/or its licensors. User shall not make and shall not permit anyone else to make any copies of the Applications, except as necessary in connection with its authorized use of the App. User shall not allow any third party to access or use the Applications.
User shall not decompile or otherwise reverse engineer or decode the Applications. User shall not take or refrain from taking, directly or indirectly, any action that may in any way lead to the unauthorized dissemination, reproduction, or use of Applications.
User is responsible for (a) acquiring, installing, and maintaining computer equipment and computer software programs at its premises compatible with and as necessary to use App, (b) obtaining access to the Internet, and (c) downloading from App and installing any necessary plug-ins. All fees associated with these items are the responsibility of the User.
User is responsible for complying with all national and local laws and regulations when using the Applications and the App.
User grants permission for Rhieos to communicate with User via email, facsimile or telephone from time to time and as needed for all issues related to the App, including but not limited to support, training, updates or other issues.
Fees and Payment
No fees will be charged for the Free Trial. Subscription fee is due, upon registration, beginning with the Effective Date. Each paid subscription fee to an individual App entitles the User to a single license to that App. User agrees to pay all fees at the rates in effect when the charges were incurred. Rhieos will be entitled to change these fees at any time by posting new fee rates on-line on the registration screen.
Term, Termination and Renewal
This agreement can be terminated by the User with 15 days notice upon expiration of the initial subscription period selected during the Registration Process. No portion of User's subscription fees will be refunded upon early termination of this Agreement.
This Agreement shall automatically renew on a monthly or yearly basis depending upon the User's choice and subscription fees shall be automatically charged to previously used credit card information if available, unless User provides 30 day notice to Rhieos prior to the end of the renewal term. User will be charged the subscription fees in effect at the time of renewal.
No termination of this Agreement or suspension of access to the App shall release User from any obligation to pay Rhieos any amount that has accrued or becomes payable at or prior to the date of termination. User shall not be entitled to any refund of any fees paid to Rhieos as a result of a termination.
Rhieos warrants that the App has the functionality described in the current published specifications for the App. In the event of any material failure to meet such standards, We shall make all reasonable efforts to remedy any such failure.
Except as expressly stated in this agreement, Rhieos make no representation or warranty, express or implied, regarding any matter whatsoever. Rhieos specifically disclaim all implied warranties of merchantability and fitness for a particular purpose.
Neither Rhieos nor any third party licensors make any guarantees or warranties as to the accuracy or completeness of, or results to be obtained from using the the app.
User warrants that the App will only be used for the intended purposes as stated within the scope of this Agreement, and will not infringe the intellectual property rights of Rhieos.
Indemnities and Liabilities
User shall indemnify and hold Rhieos and it's affiliates harmless from any claims, liabilities or other damages resulting from User's use of the App, or the use of the App by anyone authorized by User to access the App. User shall indemnify and hold Rhieos harmless from any claims, liabilities or other damages for actual or alleged infringement of intellectual property rights in connection with User's use of any App beyond the scope of this agreement.
The total cumulative liability of Rhieos for all claims, whether in contract, tort, or otherwise, arising out of, connected with, or resulting from use of the App shall not exceed the amounts paid by User to Rhieos under this Agreement during the 12 months immediately preceding the claim.
Rhieos shall not be liable for any damages arising out of or caused, in whole or in part, by any errors or omissions in any app or other information provided through the App or by delays in or interruptions of access to the App.
Rhieos shall not be liable for incidental, consequential, indirect, or special damages, including, without limitation, damages for lost profits, lost revenue,or lost savings or good will, or claims of user's customers, subcontractors or suppliers, even if it has been advised of the possibility of such damages.
Assignment. User may not assign or otherwise transfer this Agreement or any rights or obligations under this Agreement to any third party without the prior written consent of Rhieos. Consent shall not be unreasonably withheld. Subject to the restriction on transfer set forth in this Paragraph, this Agreement shall be binding upon and shall inure to the benefit of the parties' successors and assigns.
Waiver. The failure of either party to act upon any right, remedy, or breach of this Agreement shall not constitute a waiver of that or any other right, remedy, or breach. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Governing Law. This Agreement and any claim arising out of this Agreement shall be governed by and construed in accordance with the law of England and Wales.
Our goal is to have an uptime of 99.9%. However, as a new service, we foresee that there may be some interruptions and technical problems from time to time. If we fail to maintain a good level of service availability, you may contact Rhieos and request a credit for the time that your service was unavailable to you. The credit may be used only for the purchase of further products and services from Rhieos, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:
- periodic scheduled maintenance or repairs that we may undertake from time to time
- outages that affect only the User or the User's computer, network or Internet Service Provider
- power outages or acts of Nature beyond the control of Rhieos
Together, we’re adding value to the clinical research enterprise.