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Terms of Service

By using the Labfront (“Service”), you are agreeing to the following terms and conditions (“Terms of Service”). “You” will be referring to the “Researcher” role, as the aforementioned Service is used from a Researcher role, not a Participant role.

Violation of any of the terms below may result in account termination at any point.

Researcher Account Terms

You must be a real person and use your legal full name. Both “bot” accounts and “fake” accounts are not permitted.

Security is important to us but You are ultimately responsible for maintaining the security of your account. The Company will not be liable for any loss or damage from your failure to comply with this security obligation.

You may have multiple accounts but only you are allowed to use said account(s). Logging in with another’s account is strictly prohibited for legal and security rationale.

You are responsible for all content posted and data collected under your account.

You must comply with all legal regulations within your jurisdiction in the context of using the Service. 

You are required to obtain consent from Participant(s) before collecting data in accordance with any and all legal responsibilities.

Payment and Refunds, Upgrading and Downgrading, and Cancellation and Termination

  • Payments will be processed on the day of said purchase.
  • Upgrades and downgrades to plan level will be effective on the day of the upgrade and the new rate will be charged at the next billing cycle. There will be no prorating for downgrades or cancellations.
  • Downgrading your plan may result in loss of features and freezing or locking of projects. The Company does not accept any liability on these occasions.
  • All quoted fees are exclusives of all taxes, levies, or duties imposed by taxing authorities.
  • Refunds are processed on a case-by-case basis and the Company reserves the right to deny refunds. 

Account cancellation is the sole responsibility of the account owner. To cancel your account, please contact hello@labfront.com with the subject “Account Cancellation Request”

 

    Cancellations are effective as soon as the email confirmation is received. All content will be inaccessible at that point. Within 50 days, all content will be permanently deleted from active systems. 

    The Company reserves the right to cancel your account at the Company’s discretion. 

Service Terms

    You cannot modify, hack, or otherwise alter the Service to function outside of its expressed intention. 
    You understand that the Company uses third-party vendors and hosting partners to provide the full extent of services.
    We may, at any point, remove unlawful content or accounts that violate these Terms of Service 
    You agree not to reproduce, duplicate, or copy any portion of the Service without the express written permission of the Company. 
    The Company reserves the right to modify or discontinue any part of the Service with or without notice. 
    The Company reserves the right to modify the prices of any of the Services with a 30-day notice prior to changes.  

Warranty and Liability

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.


Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service 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.


Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.


Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any

subsequent breach.


If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Please do not hesitate to send questions or comments regarding these Terms of Service to hello@labfront.com


The services “Labfront Lab Manager” is offered over the internet by the nonprofit corporation PhysioQ Inc. The use of these services is subject to the below terms of use. Using the services constitutes acceptance of these terms of use.

Article 1. DEFINITIONS

The capitalized terms in these Terms of Service are understood to have the following meanings.

  1. Account: the User’s personal area of the Service. The Account (a) can be used by the User to manage and configure (i) its settings for use of the Service, (ii) its personal data, and (b) is necessary to have access to and make use of the Service.
  2. Agreement: all agreements contracted between Labfront and User about the use of the Service, of which these Terms of Service form an integral part.
  3. Party: all parties to the Agreement.
  4. PhysioQ: PhysioQ Inc., the nonprofit corporation registered in the state of Massachusetts. 
  5. Service: Labfront Lab Manager, applications offered through the internet as a Software as a Service.
  6. Study: any study started by User via the Service.
  7. Terms of Service: the provisions of the present document.
  8. Website: the website https://labfront.com and any subdomains and extensions.
  9. User: every user of the Service, either a consumer or a professional party being a natural person or a legal entity that concluded the Agreement with Labfront.

 

Article 2. APPLICABILITY AND ORDER OF PRECEDENCE

  1. These Terms of Service, including any other terms and conditions made available on the Website or through other channels, apply to every offer of Labfront and to every use made of the Service. The Terms of Service form an integral part of every Agreement.
  2. Terms and conditions applied by the User that deviate from or that are not included in these Terms of Service are only binding on Labfront if and in so far as they have been explicitly accepted in writing by Labfront.

 

Article 3. INCEPTION OF THE AGREEMENT

  1. An Agreement can be entered into with Labfront through an online channel, including the Website, by or on behalf of the User using a method authorized by Labfront.
  2. On entering into the Agreement, Parties do not form a partnership, a general partnership, a public company, a joint venture or comparable cooperation. None of the Parties are authorized to enter into commitments on behalf of the other Party.
  3. User confirms that the e-mail address provided to Labfront (for example on the moment of concluding the Agreement) is correct and is authorized and supervised by User. Furthermore, User agrees to receive all relevant information relating to the Agreement on the provided e-mail address. The e-mail sent by Labfront shall be deemed to have been received at the time it reaches the server of User. User is solely responsible for the configuration of its (mail) server, including but not limited to spam or authorizations of the e-mail accounts.
  4. Labfront is at all times entitled to refuse User on reasonable grounds, for example violation of these Terms of Service.

 

Article 4. ACCOUNT

  1. In order to be able to make use of and have access to the Service, the User has to create an Account as described on the Website.
  2. Upon creating the Account, the User will be obliged to provide its own credentials in the way described on the Website. The User is responsible for keeping its credentials confidential. The User is responsible and liable for all use made of and access to the Service by means of its Account. As soon as the User knows or has reason to assume that its Account and/or credentials has/have come into the hands of unauthorized third party/parties, the User must inform Labfront of this immediately, notwithstanding its own obligations to take immediate effective measures himself, such as changing the login details to its Account.
  3. By using the Services or the Website User agrees that all its actions will be logged in an audit trail. These actions include: logging in or out, creating forms, managing users, entering removing or changing data, sending surveys, changing settings.
  4. In the event the User qualifies as a legal entity, the User warrants that it is legally authorized to represent that legal entity.
  5. Labfront accepts no liability for any damages resulting from unauthorized access to or use of the Service by the User or third parties.

 

Article 5. SERVICE

  1. Labfront hereby grants the User a non-exclusive, non-transferable, limited right to access and use the Service, under the conditions of these Terms of Service and for the duration of the Agreement.
  2. The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service.
  3. Any use of the Service, including the transmission, distribution and making available thereof, and any other (legal) act relating to the Service, by or on behalf of the User is for the User’s own risk and responsibility. Labfront is not liable and/or responsible for the use of the Service by Users.
  4. It is possible for User to create and test a certain Study before actually ordering the Study and making it available through the Service (going ‘live’). As long as User has not gone ‘live’ with a Study, User is not allowed to store actual medical data on the systems of Labfront, only fictional test data.
  5. Notwithstanding any other provisions of these Terms of Service, and any of the User’s legal obligations, the use of the Service may not, at Labfront’s sole discretion:
    1. include software such as viruses or Trojans that can damage or erase, make unavailable or make inaccessible any computers or data of Labfront, (other) Users or third parties;
    2. bypass technical security measures of the computer systems of Labfront, (other) Users or third parties;
    3. involve unreasonable or disproportionate use of the infrastructure of Labfront’s or third parties’ computer systems;
    4. impede the functionality or functionalities of the Service;
    5. involve manual or automated software, devices, or other processes to “crawl”, “spider” or scrape any content of the Service;
    6. constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing;
    7. infringe any of Labfront’s or third party’s intellectual property rights, privacy rights or any other rights;
    8. involve (virtual) child pornography, bestiality or other unlawful erotic content or acts relating thereto;
    9. promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury;
    10. involve any illegal activities or activities that are contrary to morality or public order;
    11. involve false or misleading information;
    12. breach these Terms of Service or the Agreement; and/or
    13. be unlawful in any way whatsoever.
  6. The User warrants to refrain from the above acts. User is required to conform to reasonable efforts to study the manual and instructions received upon creating an Account and/or new Study. The manual can be found at https://support.castoredc.com/ 
  7. User is not allowed to store any personal information of patients using any of the Services or any other products provided by Labfront. User is prohibited from creating forms that request such information (e.g. first name, last name, home address, postal code, social security number, date of birth etc.). However, the aforementioned prohibitions are not applicable if User makes use of Labfront’s premium encryption module. Labfront shall not be held liable if a User is negligent in this policy and/or this information is accessed by any third party.
  8. User is aware that the he/she processes patient data through the Service and will ensure to act accordingly to maintain the security of this data.
  9. Notwithstanding the previous article, it is allowed to process patient’s email addresses for the purpose of performing surveys and to send any information about these surveys.
  10. The Service may contain information that is derived from and/or may refer to third parties’ websites, products or services (for instance through hyperlinks, banners or buttons). Labfront is not responsible, nor liable for the content of such information.
  11. Labfront is not responsible or liable with regard to any third party services used by User or provided through the Service. Use of these third party services shall be at User’s own responsibility and liability.
  12. The User is aware that the Service is intended solely as a research tool. Contents found in the Service shall not constitute any medical advice and should not be relied upon in making or refraining from making any medical decisions.
  13. The User acknowledges and agrees that Labfront does not pre-screen the contents or use of the Service and that Labfront has no influence over the contents or use made of the Service by User. Everything that has been uploaded through use of the Service by the User falls under the sole responsibility of User.
  14. In the event that the provisions of article 5 are not being respected by User, Labfront will have the right (but not the obligation), at its sole discretion, to review, edit, limit, refuse or remove any data (or any parts thereof), or refuse a User access to and/or use of the Service.
  15. Labfront may disclose the User’s personal data and/or contents, or other data relating to the use of the Service, to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in the Netherlands, or to exercise its legal rights of defense against legal claims, and provided always that it notifies the User insofar legally allowed.

Article 6. PRICES AND PAYMENT

  1. Creating an Account on the Website is free of charge. If a Study has been created and successfully made available, Labfront may charge a fee. Labfront will announce those fees and any additional conditions in advance.

Article 7. INTELLECTUAL PROPERTY

  1. The Service, the accompanying software as well as all information and images on the Website is the intellectual property of Labfront and/or its licensors. None of these items may be copied or used without prior written permission of Labfront, except and to the extent permitted by mandatory law.
  2. Users are authorized to reproduce the logo of Labfront, Castor EDC or any logo relating to the Services on third party websites, but only to promote the Study and/or Labfront Website. Labfront is entitled to make such use subject to additional conditions and Users shall comply with requests and instructions of Labfront in this connection.
  3. If User sends information to Labfront, for example a bug report or suggestion for improvement, User grants Labfront a perpetual and unlimited license to use this information for the Service. This does not apply to information expressly marked as confidential.

Article 8. USER DATA

  1. Information stored by User or processed while using the Service is and remains the property of User (or the property of User’s suppliers, collaborators or licensors). Labfront receives an unlimited license for use of this information for providing the Services.
  2. User represents and warrants that any information, (Study) contents and forms or questionnaires stored by User or processed while using the Service do not violate or infringe any rights (including intellectual property rights) of any third party and are not libelous, defamatory or otherwise illegal. User shall defend and indemnify Labfront from and against all claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the foregoing representations and warranties.
  3. After the termination of the Agreement User may choose one of the following options:
    1. Labfront deletes the Data;
    2. Labfront transfers the Data to User and deletes the Data in her possession;
    3. Labfront will keep all Data for fifteen years on the servers of its standard hosting provider (during this period Labfront shall provide User with access to the saved Data).

Article 9. LIABILITY

  1. The liability of Labfront for direct damage incurred by the User due to a culpable failure on the part of Labfront to comply with its obligation under the Agreement, or due to an unlawful act committed by Labfront, its employees or third parties engaged by it, is limited per damage-causing incident, whereby a series of connected incidents count as a single incident, in no case will the total compensation for direct damage exceed EUR 100.
  2. The liability of Labfront for indirect damage, including consequential loss, loss of earnings, missed economies, loss of (business) data and damage due to business stagnation is excluded.
  3. Except for the cases referred to in article 1, Labfront bears no liability whatsoever for damages, regardless of the grounds on which the claim for damages is based. The liability limitations referred to in article 9.1 will however lapse if and insofar as the damage is the result of intent or gross negligence on the part of Labfront.
  4. The obligation for Labfront to pay compensation will only arise if the User sends written notice to Labfront of this damage within fourteen (14) days of the damage occurring.
  5. The User indemnifies Labfront against all third party claims for compensation for damage, costs or interest relating to the Agreement and/or the Service.
  6. In case of force majeure as specified in article 1 of these Terms of Service, Labfront is never required to compensate damages suffered by User.
  7. The provisions of this article, as well as any other liability limitations referred to in these Terms of Service, shall not apply if the User is a natural person acting outside the scope of an economic activity.

Article 10. FORCE MAJEURE

  1. Labfront shall have no liability to User under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, cybercrime, (distributed) denial of service attacks, failure of a utility service or transport or telecommunications network, war, riot, fire, flood, storm or unforeseeable default of suppliers, provided that the User is notified of such an event and its expected duration.

Article 11. AVAILABILITY AND MAINTENANCE

  1. Labfront will make efforts to realise the uninterrupted availability of its systems, network and Service, but offers no guarantees in this regard unless otherwise agreed. Labfront makes no promises or guarantees to availability while making use of the Service, unless it explicitly states otherwise.
  2. If Labfront considers that there is a danger to the functioning of its systems, network or Services, Labfront will have the right to implement all measures it considers reasonably necessary to avert or prevent this danger. Labfront will endeavor to take reasonable technical and organizational security measures which prevent the most common risks in respect of the Services.
  3. Labfront has the right to change the (functionality of the) Website and the Services. Feedback and suggestions from the User are welcome, but Labfront itself makes the final decision on which changes it will or will not implement.
  4. Labfront has the right to temporarily take its systems, Services, networks or parts thereof out of operation for the purpose of maintenance, adjustment or improvement. Labfront will attempt to let such taking out of service take place as much as possible outside working hours and it will endeavour to notify the User in due time of the scheduled taking out of service. However, Labfront is in no case liable to compensate any damage arising in connection with such a closure.

Article 12. TERM AND TERMINATION

  1. The Agreement enters into force as soon as User first uses the Service and then remains in force until terminated.
  2. User may terminate the Agreement at any time by sending a written notification to Labfront. Terminating the Agreement shall not affect any agreements currently in place with other Users.
  3. All obligations of the Parties that accrued prior to termination of the Agreement shall survive termination of the Agreement. In particular, the following provisions shall survive termination or expiration of the Agreement: Articles 7, 9 and 13.

Article 13. CONFIDENTIALITY

  1. Parties shall refrain from disclosing or using for any other purpose than within the scope of the Agreement, any trade secrets and other information of the other Party that has been designated as confidential.
  2. The obligations of confidentiality hereunder shall not apply to the extent that the Party under the relevant obligation can demonstrate that the relevant information is required to be disclosed by: (i) law; (ii) any regulatory authority to which the relevant Party is subject or submits; or (iii) any court of competent jurisdiction.
  3. The obligation to treat confidential information as confidential will not be applicable if the recipient of such information can prove that this information:
    1. was obtained from sources available to the general public such as newspapers, patent databases or informative websites;
    2. was already in possession of the recipient prior to the date on which it was issued or made available by the other Party;
    3. is available from a third party without this party being in default towards either Party arising from a confidentiality clause by distributing the information to the recipient.

Article 14. AMENDMENTS AND SUPPLEMENTS TO THE AGREEMENT

  1. Labfront reserves the right to amend or supplement these Terms of Service.
  2. Changes and additions shall be implemented with due observance of a term of thirty (30) calendar days after the notification of the change/amendment to the User. Changes and amendments of minor importance can be implemented at all times.
  3. If the User does not wish to accept a change/amendment, until the date on which the new Terms of Service enter into effect, it may cancel the Agreement towards that date. Use of the Service after the date of effect shall constitute acceptance of the changed or added-to Terms of Service.

Article 15. MISCELLANEOUS

  1. The Agreement is governed by Dutch law.
  2. Unless the rules of mandatory law dictate otherwise, all disputes that may arise pursuant to or in connection with the Agreement will be submitted to the competent Dutch court in the district where Labfront has its registered place of business.
  3. ‘Written/in writing’ in these Terms of Service also refers to e-mail communication or communication through the Service, provided the identity of the sender and the integrity of the contents is adequately established.
  4. If any provision in the Agreement proves to be null and void, this shall not affect the applicability of the Agreement as a whole. In such cases, the Parties will adopt one or more new provisions that implement the intention of the original Agreement and the Terms of Service as much as possible.
  5. The reports and the version of communications or information saved by Labfront is deemed to be correct unless the User provides evidence to the contrary.
  6. The Parties shall notify each other without delay, in writing, of any changes in their name, postal address, e-mail address, telephone number and, on request, bank account number.
  7. Labfront is entitled to transfer its rights and obligations under the Agreement to a third party who acquires the Service or the relevant business operations from it. The User is not entitled to transfer, assign and/or sublicense its rights and obligations under the Agreement to a third party without the prior written consent of Labfront.


    Updated 18/Oct/2021