Terms and Conditions Agreement
This Terms and Conditions Agreement (hereinafter the Terms and Conditions), will be applied fully and have effect on your Use of the Platform.
By signing this Terms and Conditions, you expressly accept and agree to be bound to and abide by all the following Terms and Conditions.
Whenever used in this Terms and Conditions, the terms defined in this section, whether used in the singular or the plural, shall have the meanings specified below.
“Platform” means the web portal and the Smart Phone Application.
“Portal” means the web portal where studies are reated and managed.
“App” means the smart phone application with which participants provide data.
“Research study” means the questionnaires created in our Platform to collect data for a given research study, all the data collected during that study, and any configuration data for that study.
“Study manager” means a user of the Portal and the person that initiates and terminates the study in the platform. This person is legally responsible to ensure the compliance of this Terms and Conditions with regards to the research study.
“Study viewer” means a user of the Portal and research collaborator invited by the study manager to partake in the research study
“Participant” means the user of the App that is providing data for the research study.
Requirements, restrictions and responsibilities
You shall follow the requirements bellow in order to use our services:
Your registration shall be personal. You shall not register more than one account and/nor register an account on behalf of someone else, nor transfer your account;
You must ensure that your login credentials are secure and you must not allow anyone else to use your account;
You shall have the ethical approval from the Swedish Ethical Review Authority, when necessary, before you start collecting data in the Platform;
You shall ensure that all the Study Viewers in your research study(ies) are also mentioned in the Swedish Ethical Approval, as they will be able to download the data in the Platform.
You shall not use the Platform to collect personal information, such as name, email, social security number, phone number or any other data that can identify the Participants;
You shall not identity the Participants of your research study in the Platform, but you are allowed to use an anonymous study ID.
You shall ensure the Participants understand that the App is not constantly monitoring their health and that it cannot be used in case of emergency.
You are responsible for:
All activities that occur under your account;
Managing and downloading the data in a safe way, and for making sure that any hard copies of the data (memory stick, external hard drive and/or personal computer) are safely stored and managed by authorized personal only;
Informing us immediately of any unauthorized use of your account.
You are especially restricted from the following:
Use of the Platform in a manner that may cause damage or harm any person or business entity;
Use of the Platform contrary to applicable law and regulation;
Use of the Platform to market or advertise other companies and/or business ventures.
ResearchOnTheGo makes no warranties, express or implied nor representation, including, without limitation and shall not be liable:
Due to inaccuracy of “information” or inaccuracy of the data collect by the customer
Due to infringement of any fundamental rights and freedoms of natural persons, according to General Data Protection Regulation (GDPR) - ((EU) 2016/679)
Due to the validity or enforceability of any patient rights, according to Patient Law (2014:821)
Due to the validity or enforceability of any Intellectual Property Rights of a Third Party
Due to loss of data caused by technical failure, force majeure or other circumstances.
Limitation of liability
ResearchOnTheGo does not have any liability for any loss or activity that results from the unauthorized use of your account.
ResearchOnTheGo is not liable for (a) any loss or damage arising from your failure to comply with the above requirements, restrictions and responsibilities and/or (b) the infringement or alleged infringement of third party intellectual property rights.
ResearchOnTheGo will not have any liability whatsoever to you for any termination of your account and rights to use the Platform under these Terms and Conditions.
Either party may terminate this agreement for any reason on 30 (thirty) calendar days’ notice to the other party.
ResearchOnTheGo may also terminate your rights to use our services in the event that you breach these Terms and Conditions. In this case your research study will be deactivated immediately, your participants will be automatic disconnected and you will have 30 (thirty) calendar days to download your study data. After this period, your research study and all its data will be permanently deleted from our servers.
In the event that you terminate your research study and/or this contract, your data will be available for final download for 30 calendar days. After this period, the study and all its data will be permanently deleted from our servers.
Variation of Terms
ResearchOnTheGo reserves the rights to revise and change these Terms and Conditions at any time. We strongly recommend that you review these Terms and Conditions on a regular basis.
If you continue using our services after any changes and/or amendments, you confirm that you agree with the changes and/or amendments.
If any provision of these Terms and Conditions is or becomes invalid or is ruled invalid under applicable law or is deemed unenforceable, such provisions shall be excluded without affecting the remaining provisions of these Terms and Conditions.
You are not allowed to assign or transfer any of your rights and/or obligations under these Terms and Conditions to any person or entity.
ResearchOnTheGo reserves all rights to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any prior communication.
These Terms and Conditions is the sole agreement between ResearchOnTheGo and you with respect of the use of the platform hereof, and supersedes all other agreements and understandings.
The validity, construction and performance of this Terms and Conditions shall be governed and construed with the laws of Sweden, without reference to conflict of laws principles or rules.
Any dispute, controversy or claiming arising out of or in connection with this Terms and Conditions, or breach, termination or invalidity thereof, shall be finally settled by the competent local Swedish district court, the District Court of Halmstad, being the first instance.