Terms of Use

By registering to our services, you agree to our Terms of Use and state you have understood them entirely.

Omission

By using the cvEDC application, you agree to REFRAIN from the following:


1. Transmit or disclose any information or data from the system, in whatever form.

2. Participate in any activity that violates a regional, national, or existing international law or policy.

3. Interfere with the privacy of another person.

4. Infringe the copyrights, trademarks, patents or other legal or customary rights of Clinovate or others.

5. Send unsolicited email messages (SPAM) or create a "mail drop" or email relay service for such messages.

6. Participate in an activity or service or use a device to intercept messages from others or to disguise the origin of a transmission.

7. Transmit any information or data that contains a computer virus or material used to invade or acquire any system, data or personal information.

8. Participate in an activity that complies with hacking or a PortScan to gain unauthorized access to the systems.

9. Participate in an act that may result in criminal liability for the Clinovate or its service providers.

10. Participate in an action that damages particularly valuable groups such as patients or minors.

11. Use the systems to promote a fraudulent act.

12. Participate in an act that equates to a "denial of service" attack or would place a disproportionate burden on the systems.

13. Help others to do any of the above actions.

Clinovate NET GmbH & Co. KG (Clinovate) may use the data stored about you or the data transmitted by you through this site to control access to our systems. The information that Clinovate stores on its website and systems is subject to the Clinovate Privacy Policy. Your use of the site or your access to the systems is subject to the following Terms of Use. By using our site, you agree to use the site and the systems in a manner consistent with these Terms of Use as well as any additional published instructions.

Authorized user guidance

You agree to not interrupt the operation of the site or the systems, or to attempt to do so with the help of the identity you provide through the website, gain unauthorized access to the site or any part of it or not to other systems. You agree to not use the site or the systems in any manner that would interfere with their use and functionality, such as harming the system, disturbing normal functioning, overloading the site or intentionally preventing usage or functionality Unauthorized use of the site or systems, including, but not limited to, unauthorized access or attempt to gain access to a system, the misuse of passwords or information available through the site or systems, or unlawful acts are strictly prohibited. Clinovate reserves the right to deny access to persons who violate the Terms of Use.

Account and password

When you register on the site, you create an account to which you must assign a username and password. It is your responsibility to assure the safety of your username and password from third party access. You bear sole responsibility for the transactions, communications, acts, or omissions responsible from the use of your username. This includes both your use, as well as the use of any third parties which may use the password provided to you, irrespective of whether the access or use has been authorized by you. Clinovate is not liable for any loss or damage caused by the failure to comply with this provision. If you believe that another person has used your account to access the site or systems, please contact us immediately [E-Mail to: cvedc@clinovate.de or phone +49 89 599974-74].

Third Party Service Provider

We may, with or without prior written notice to you, use a third-party service provider for certain content or services. On occasion, we may change the third-party service provider with or without notice to you. You agree and allow us to forward the authorizations you have granted to third-party service providers. which, at our discretion, we deem necessary for the services or access to the site and systems.

Intellectual property rights

The site and the systems contain copyrighted works, trademarks and other proprietary materials of Clinovate or third-party service providers. The licensees of Clinovate own this data. Clinovate owns the rights, legal title and any legal claims to the site and systems;, including the content, data, and materials contained therein (with the exception of your personal data); their appearance and structure, design and organization, as well as the composition of the content, data and materials within the site and systems, including, but not limited to, copyrights, trademarks, patents, and other intellectual property rights thereto. You may not reproduce any materials or images on the site or systems without the written consent of Clinovate. This also includes the reproduction, modification, transmission, sublicense, or distribution of materials in any way that may allow the production of derivative works. Nothing herein is to be construed as conferring any license or right on any patent or trademark of Clinovate or any of its affiliates except as expressly stated above, nothing herein constitutes a transfer of a license or right under Clinovate to interpret copyright protection. When a viewer of a document published by Clinovate responds with information, including feedback including questions, comments, suggestions or similar, this content will be considered ‘non-confidential’. Clinovate has no obligation whatsoever to respect the privacy of such information. Clinovate retains the rights to use, disclose or distribute this information as deemed appropriate. Clinovate retains the right of using or implementing the ideas contained in such information for any intended purpose.

Changes to the page and the services

Clinovate is entitled to terminate, change, or discontinue the site, including any systems which you have existing authorisation to access- This includes, but is not limited to the site content, site features, or hours of availability. Clinovate is entitled to modify certain features of the page or system, as well as your access to parts of the page or systems (or to the entire page or systems) without prior notice.

Limitation of liability

Clinovate, including its directors, department managers, employees, agents or third-party service providers are under no circumstances liable for any damage of any kind, including, but not limited to; direct, indirect, accidental, or extraordinary damage caused either directly or indirectly as a result of any of the following: 1. The result of either use or inability to use the site or systems, including their related content, materials or features; 2. Decisions, actions, or non-actions that results from the use of the site or systems; 3. Any other matter relating to the content that relates to systems, or the distribution of services through the site. By using our site, you agree to any additional terms regarding your liability as outlined in additional contract terms, referring to your access to the systems or the provision of them services that require access to the systems.

Legal

Although we make reasonable efforts to provide accurate and timely information on our website and within our systems, neither Clinovate or a third-party service provider claim any exact terms of availability, accuracy, reliability or completeness of the content within the pages and systems, or with regard to operating times or uninterrupted access. As far as legally permissible, Clinovate neither expressly nor implicitly provides any information or service contained on the site, including implied warranties in terms of general usability or suitability for a specific purpose and patent infringements. Access to the website and the systems are provided "as is", without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose or patent infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Confidentiality

Pursuant to the terms of a written agreement between you and Clinovate, all information available through the systems is considered confidential, and you agree by default to the following:
1. To protect Clinovate information such as your own information or at least to take reasonable action to protect the information from unauthorized access and unauthorized use
2. Assure the protection of information related to third-parties without the expressly stated written authorization of Clinovate to do so, with the exception of your employees who are authorised and required to know the information, and the be required to treat the information as confidential.

Choice of law

These Terms of Use constitute the entire agreement relating to the site, and are in addition to any other terms relating to ones particular to your use of the system, superseded by all prior contemporaneous communications, whether in electronic, verbal, or in written form between you and Clinovate, and mutually agreed upon in relation to the site. The internet service is operated on our servers in Germany. These terms of use are subject to the German laws, excluding situations where laws may be conflicting. If a court determines that a provision of these Terms of Use is invalid or not enforceable, this provision shall be deleted. The remaining provisions remain unaffected. They continue to agree with the exclusive jurisdiction of the German courts. If Clinovate does not exercise or enforce any right or provision of these Terms of Use, this does not constitute a waiver of any such right or provision. If any provision of these Terms of Use by a court of competent jurisdiction Nonetheless, the parties nevertheless agree that the court should seek the intentions of the parties as contained in the terms of the Terms of Use. The remaining provisions of the terms of use remain unaffected