THESE TERMS AND CONDITIONS APPLY TO YOU IF YOU ACCESS THEMIS PLATFORM, PROVIDED AND MAINTAINED BY LONGENESIS. BY ACCEPTING THESE TERMS AND CONDITIONS OR USING THEMIS, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THEMIS.
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE THEMIS, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS.
Themis product (thereafter – "Themis", "Service") is a platform supporting patient enrolment into research activities by getting auditable and transferable permissions and is provided and maintained by a tech-company Longenesis, Reg. No. 40203211852, the address of which is Zaubes Street 9A-23, Riga, Latvia (thereafter – "Longenesis", "we," "us" or "our"). The Themis is a consent management tool - a service ensuring the full cycle of consent registration and management that allows proactive patients onboarding to the research studies, as well as biomedical/clinical data processing, based on the extent of the consent.
These Terms and Conditions ("Terms") apply to your subscription, access to and use of Themis. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Longenesis for products, services or otherwise. If you are using the Themis on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you or that entity breaches these Terms. In that case the words "you" or "your" in these Terms include the entity you are representing.
BY ACCESSING, USING, OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE THEMIS IMMEDIATELY. 1. Purpose
These Terms set forth expectations that ensure a real-time instrument for consent review and audit for clinical researchers on one hands, as well as provide participants with tools for being proactively engaged in the research projects and also preserving the privacy and protection mechanisms giving the right to decide where, how and why the data will be used within the scope of particular study. 2. Effective Date
These Terms are effective as of 13 November 2020 and will remain in effect except with respect to any changes in its provisions in the future. 3. Eligibility, Registration and Account
To access and use the features of the Themis, you must register for an account. By creating an account, you agree to:
4. Acceptable Use
- provide accurate, current and complete account information;
- maintain the security of your password, not share your password with any other person and accept all risks of unauthorised access to your account; and
- promptly provide notice to Longenesis (see section "Contact Us") if you discover or otherwise suspect any security breaches related to the Themis.
Your use of the Services must comply with our Terms and Conditions.
By accessing or using the Themis, you agree that you will not (or attempt to):
- access or use the Themis for any illegal or unauthorised purpose or engage in, encourage or promote any illegal activity, or any activity that breaches or violates these Terms,
- present any false, inaccurate or misleading information in an effort to attempt to circumvent any restrictions on access to or availability of the Services or content available within the Services;
- use or attempt to use another user's account without authorisation from such user;
- share your Themis account password with someone else to allow them to access any part of the Services that such person did not order;
- modify, adapt, hack or emulate the Themis;
- use any robot, spider, crawler, scraper or other automated means or interface not provided or authorised by us to access the Themis or to extract data;
- copy, sell, rent, or sublicense the Services to any third party;
- circumvent, reverse-engineer, modify, disable, or otherwise tamper with any filtering, security measures or other features designed to protect the Themis or third parties or encourage or help anyone else to do so;
- infringe upon or violate our rights or the rights of our users or any third party.
You must notify us if you discontinue, incur an interruption or change your email address and phone number. We require a valid and current email address to allow you to log into the site to view electronic documents and/or to deliver documents to you electronically and accept electronic signatures from you, as well as notify you of any updates to the technical requirements. Valid and current mobile phone might be required for two factor authentications to ensure secure use of Themis.
You're responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so.
By accepting these terms through the click of the "Sign Up" button participant consents to electronically receive, access, and retain electronic documents and that participant's electronic signature has the same effect as if sign would have been done in ink.
Participant may withdraw given consent to a study project at any time by electronically revoking consent in Themis. Withdrawal will become effective immediately and the researcher will no longer see participant under active users list.
Participant has a right to rely on the right of withdrawal at any time and may request removal of data from the Themis. 6. Responsibilities of researchers managing study projects
Themis supports researchers to upload consent related materials, electronic forms of informed consents and knowledge review questionnaires, invite study subjects to consent and re-consent, review the consent process for all the relevant study subjects.
Researchers, who are managing study projects and inviting participants to them, agree to:
- Use the data only for the purposes of research projects;
- Protect data confidentiality;
- Follow, as appropriate, all applicable national and international regulations, as well as relevant institutional policies and procedures for using the Themis;
- Not sell any of the data obtained from the Themis, if not specified other in contract concluded between Longenesis and a client;
- Follow guidance on security best practices that outlines expected data security protections (e.g., physical or digital security measures) to ensure that the data are kept secure and not released to any person not permitted to access the data
Researchers and their represented organisations have a right to rely on their right of withdrawal at any time and may request removal of data from the Themis.
Longenesis may ask you to warrant that you are authorised representative of your organisation.
, sets forth how we treat data, including how we collect, use and disclose personal data and other information.
Themis may include interactive features and areas where you may submit, post, upload, publish, email, send, otherwise transmit or interact with content, including, but not limited to, text, images, documents and other information and materials (collectively, "User Content"). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content.
You are solely responsible for the User Content you make available through the Themis, and you represent and warrant that:
- either you are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licences, permissions and consents that are necessary to grant to us the rights specified in this section;
- the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations.
Longenesis may review your conduct and content for compliance with these Terms, and reserves the right to remove any violating content.
Longenesis reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. 9. Ownership and Intellectual Property
The Service and its original content, excluding User Content, features and functionality are and will remain the exclusive property of Longenesis and its licensors. The Service is protected by copyright, trademark, and other laws of both the Latvia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Longenesis. 10. Subscriptions
Parts of the Service ("Subscription Services") that are used by a client based on a contract concluded between Longenesis and a client are billed on a subscription basis. If you don't understand contract details, or don't accept any part of them, then you're not allowed to use the Subscription Services. 11. Communications
You agree to receive all communications, agreements, and notices that we provide in connection with any Themis Services ("Communications"), including, but not limited to, Communications related to our delivery of the Themis Services and your purchase of or subscription to the Themis Services, via electronic means, including by e-mail, text, in-product notifications, or by posting them through any Themis Services. You agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information current. 12. Feedback
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about us and our Themis (collectively, "Feedback"). You agree that Longenesis shall be able to use the Feedback in any way they may choose without any obligation to you. 13. Service Availability
We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Longenesis is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you've stored. 14. Breaches of these terms and conditions
Without prejudice to our other rights, if you breach these terms and conditions of use in any way, or if we reasonably suspect that you have breached these terms and conditions of use in any way, we may perform one or multiple actions, such as:
- send you one or more formal warnings;
- temporarily suspend your access to the Themis;
- permanently prohibit you from accessing the Themis;
- block computers using your IP address from accessing the Themis;
- contact your internet services provider and request that they block your access to the Themis;
- bring court proceedings against you for breach of contract or otherwise;
- suspend and/or delete your account with the Themis;
- delete and/or edit any or all of your content.
Where we suspend or prohibit or block your access to the Themis or a part of the platform, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account). 15. Severability
If a provision of these terms and conditions is found to be unenforceable under applicable law or determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue to be in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to be in effect. 16. Amendments of Terms and Conditions
We reserve the right to change or modify these Terms on a go-forward basis at any time and at our sole discretion. If we make changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you've provided and/or notice through the Themis. If we make an administrative change, we may provide notice by updating the "Last Updated" date at the top of these Terms. We encourage you to review the Terms from time to time to ensure that you understand the terms and conditions that apply to your access to, and use of, the Themis. 17. Governing Law and Jurisdiction, Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Latvia.
Should any dispute arise, however, Parties shall make all reasonable effort to resolve it in a mutually respectable and beneficial manner. 18. Contact Us
If you have any questions about these Terms and Conditions or how we handle your personal data and information, please contact us at firstname.lastname@example.org
or Zaubes Street 9A-23, Riga, Latvia, LV-1013.