Terms of Service

These Terms of Service ("Terms") govern your access to and use of the ClinCare website at clincare.pro, related applications, and any services made available by ClinCare (collectively, the "Services"). ClinCare is a wholly owned subsidiary of Digiknack Holdings LLC ("Digiknack," "we," "us," or "our").

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

ClinCare provides software and infrastructure related to clinical trial operations, including sovereign deployment options, agentic workflow tooling, and related professional services as described on our site or in a separate written agreement.

We may modify, suspend, or discontinue any part of the Services at any time. Features described on the website are subject to availability, regulatory requirements, and mutual agreement for production use.

You must be at least 18 years old and able to form a binding contract to use the Services. Use in a professional or organizational capacity for clinical research, pharmaceutical, academic, or related purposes is expected.

You are responsible for maintaining the confidentiality of credentials issued to you and for all activity under your account. Notify us promptly of any unauthorized use.

You agree not to misuse the Services. Without limitation, you will not: (a) violate applicable law or regulation, including privacy, healthcare, and clinical research rules; (b) upload malicious code or attempt unauthorized access; (c) reverse engineer the Services except where permitted by law; (d) use the Services to process data you are not authorized to handle; or (e) interfere with the integrity or performance of the Services.

We may suspend or terminate access if we reasonably believe you have violated these Terms or pose a security or legal risk.

Information you submit through demo requests, contact forms, or evaluations may be used to respond to you and improve our Services in accordance with our cookie and privacy practices.

Production deployments involving regulated clinical data are governed by separate agreements, including data processing terms, security requirements, and applicable GCP, GDPR, HIPAA, or other frameworks as agreed in writing. Nothing on this public website constitutes a business associate agreement or clinical trial agreement.

The Services, including software, documentation, trademarks, logos, and content we provide, are owned by Digiknack or its licensors and protected by intellectual property laws. These Terms do not grant you any right to our patents, trade secrets, or proprietary technology except as expressly agreed in a separate license or services agreement.

You retain ownership of data you lawfully provide. You grant us a limited license to host, process, and display that data solely to operate the Services you request.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ClinCare does not provide medical advice, diagnosis, or treatment. The Services are not a substitute for professional clinical judgment, regulatory submissions, or validated systems used in regulated trials unless expressly qualified under a validated deployment and applicable SOPs.

We do not warrant uninterrupted or error-free operation, or that the Services will meet every regulatory or operational requirement without customization and validation appropriate to your study.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGIKNACK, CLINCARE, AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNTS YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.

You will defend, indemnify, and hold harmless Digiknack, ClinCare, and their affiliates from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your data, your violation of these Terms, or your violation of applicable law.

You may stop using the Services at any time. We may terminate or suspend your access with or without notice if you breach these Terms or if required for legal, security, or operational reasons.

Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory local law applies.

Any dispute arising from these Terms or the Services will be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts. Nothing prevents either party from seeking injunctive relief for misuse of intellectual property or confidential information.

We may update these Terms from time to time. The "Last updated" date at the top of this page indicates when they were last revised. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

Questions about these Terms may be directed through our contact page or to Digiknack Holdings LLC at the address provided in your services agreement or onboarding materials.