Inato Website Terms Of Use

This website (“Website”) is a service provided by Inato (“we” or “Inato”). Any person accessing or using the Website agrees with the following Terms of Use (“Terms”).

Inato may change or modify these Terms at any time. We shall send you an email to notify any significant change in the Terms, so that you always understand the terms and conditions that apply to your use of the Website.

Definitions

“Client(s)”: biopharmaceutical companies, laboratories, or any contract research organization that wishes to access and use Inato’s Marketplace to find relevant Investigators and Sites for a specific clinical trial or study.

“Inato’s Marketplace” or “the Marketplace”: a data analysis tool built by Inato to help its Clients match the most relevant Site and Investigators for their clinical trials and which is an integral part of the Website.

“Inato Technology”: the software, code, proprietary methods and systems used to provide the services and other Inato software products.

“Investigator(s)”: any physician, doctor or professor specialized in a medical field who is present on Inato’s database, either because they solicited Inato, or through the collection of publicly available data.

“Site(s)”: hospitals or medical facilities in Inato’s database, and accessible to Clients through Inato’s Marketplace.

“Terms” or “Terms of Use”: contractual body composed of the following Terms, the Privacy Policy and the Cookie Policy.

"Confidential Information": (i) any non-public information that is directly or indirectly disclosed by either Party (each as a "Disclosing Party") to the other Party (each as a "Receiving Party"), (ii) any information of which one Party may become aware of whether in writing, orally, electronically, visually or otherwise, and either designated as confidential at the time of disclosure, or that would reasonably be considered confidential.

Website Materials

The Website and all content and other materials on the Website – including, without limitation, Inato’s name, trademarks, logos, taglines, product names, and service names, and all artwork, designs, text, graphics, pictures, information, data, software, sound files, page headers, button icons, scripts and other files, and the selection, arrangement, and “look and feel” thereof (collectively, the “Website Materials”) – are the property of Inato.

Your use of the Website and Website Materials

Your right to access and use the Website is subject at all times to these Terms and is solely for your personal use.

With respect to our Website or the Website Materials, you won’t:

use or interfere with the Website in a way that negatively affects others or our ability to provide the Website or Website Materials;
use our Website or Website Materials for any illegal or unauthorized purpose;
use any technology or other means not authorized by us to access our Website or Website Materials, or to extract data;
extract, for commercial or non-commercial purposes, all or part of the information or content present on the Website;
reproduce on any other medium, for commercial or non-commercial purposes, all or part of the information or content present on the Website in order to reconstitute all or part of the original files;
use any robot, including but not limited to crawling robots, web search or retrieval applications or any other means to retrieve or index all or part of the content of the Website except with Inato's prior and express permission;
attempt to gain unauthorized access to any Inato websites or services, including by trying to circumvent any restrictions;
attempt to decipher, decompile, reverse engineer, disassemble, reproduce, modify, copy, distribute, publicly perform, publicly display or create derivative works of the Website , any functionality included within the Website or the Website Materials, or the source code of the software used to provide the Website or any functionality included within the Website (except as and only to the extent permitted by applicable law);
introduce into the Website or the functionality included within the Website any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, hack into, or perform unauthorized actions on a computer system;
use our Website or the functionality included within the Website in excess of any applicable technical or capacity limitations;
use our Website or the functionality included within the Website to create a competitive product or service, or for benchmarking or vulnerability testing purposes, except as authorized by Inato in writing;
remove or alter any proprietary notices or labels on or in the Website or the Website Materials;
infringe upon or violate the rights of Inato, other people in our community, or any third party; or
use the Website or the Website Materials other than for their intended purpose.

Any use of the Website or the Website Materials other than as specifically authorized herein, without Inato’s prior written permission in each instance, is strictly prohibited. Such unauthorized use may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or elsewhere on the Website, nothing in the Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Your use of Inato's Marketplace

These Terms of Use (“Terms”) constitute an agreement between you, the clinical site (together with your employees, agents and other authorized representatives (“you”), and us, Inato SAS (“we” or “Inato”), and will govern your initial access to and use of Inato’s Marketplace, including the services of Inato made available to you through the Marketplace. By registering for, accessing or using the Marketplace you agree to these Terms. Please read them carefully.

Inato may change or modify these Terms at any time. We will notify you by email of any significant change in the Terms. Please check your account regularly to view the most current Terms.

In addition, your use of certain supplemental features within the Marketplace may, from time to time, be subject to additional terms (“Additional Terms”). Any such Additional Terms will be presented to you when you sign up to use any such supplemental features.

Inato Marketplace

Registration:

In registering an account on the Marketplace, you agree to: (1) provide true, accurate, current and complete information as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that your Registration Data is true, accurate, current and complete and complies with all applicable law.

Access and Responsibilities:

Your right to access or use the Marketplace is non-transferable. Therefore, you may not transfer, redistribute or sublicense the Marketplace. You may not copy, reverse-engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Marketplace, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Marketplace).

You are responsible for all activities that occur under your account and with respect to your use of the Marketplace. This includes deciding whether to accept, reject or ignore any offer by any clinical trial or study sponsor. This also includes any services you may provide to any clinical trial or study sponsor, or any other third party, that was introduced to you by Inato, or that you learned about or were contacted through the Marketplace.

Conduct:

Your right to access and use the Marketplace is subject at all times to these Terms and is solely for your personal use. In addition, you agree not to:

use or interfere with the Marketplace in a way that negatively affects others or Inato’s ability to provide the Marketplace;
use the Marketplace for any illegal or unauthorized purpose;
use any technology or other means not authorized by us to access or use the Marketplace, or to extract data;
attempt to access or use another user’s account without authorization;
create or use a false identity;
use the Marketplace or the functionality included within the Marketplace to create a competitive product or service, or for benchmarking or vulnerability testing purposes, except as authorized by Inato in writing;
remove or alter any proprietary notices or labels on or in the Marketplace;
infringe upon or violate the rights of Inato, other people in our community, or any third party; or
use the Marketplace for any purpose other than its intended purpose.

Any use of the Marketplace other than as specifically authorized herein, without Inato’s prior written permission in each instance, is strictly prohibited.

Confidentiality:

You must keep Inato’s Confidential Information, including all information about any other party that uses the Marketplace to identify relevant investigators and sites to conduct clinical trials or studies, strictly confidential. You further agree, upon termination of your license or Inato’s earlier request, to return to Inato any such Confidential Information (including all notes, compilations and other materials that may contain or reference any Confidential Information).

Intellectual property:

As you access Inato’s Marketplace, you will be exposed to Inato’s technology (that is, the software, code, proprietary methods and systems used to provide the services and other Inato hardware and software products) owned by us under US, EU and international intellectual property laws (“Technology”).

You must abide by all legal notices, information, or restrictions contained in, or attached to, any of Inato’s Technology. Nothing in these Terms grants you any rights to receive Inato’s Technology or to obtain access to Inato’s Technology except as generally and ordinarily permitted through the Marketplace, according to the Terms.

The names, logos, and other business identifiers displayed on the Marketplace constitute trademarks, trade names, service marks or logos (“Marks”) of Inato or other entities. You are not authorized to use any Marks. Ownership of all such Marks and the goodwill associated with those Marks remain with Inato or those other entities.

Non-Contravention:

You agree that that you will not, directly or indirectly enter into any transaction in respect of a study with any party that was introduced to you by Inato, or that you learned about or were contacted through the Marketplace, without Inato’s prior written consent.

Suspension / Termination:

In addition to any other rights and remedies Inato may have, we may immediately terminate your license and therefore revoke your access to the Marketplace at any time if you violate the Terms, or create possible legal liability. If we terminate your license you will remain liable for all amounts due, if any, under your license up to and including the date of termination.

THIRD-PARTY PRODUCTS AND SERVICES

Inato may provide third party content on the Marketplace, run third parties’ advertisements or promotions on the Marketplace, or otherwise provide information about or links to third party websites and other third-party content, products or services on the Marketplace (collectively, “Third-Party Products and Services”). Inato does so for your convenience only, and does not control, endorse or make any representations or warranties regarding any Third-Party Products and Services, including, without limitation, regarding the accuracy, efficacy, safety, or completeness thereof.

Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. You acknowledge and agree that your use of any Third-Party Products and Services is at your own risk and that Inato is not responsible or liable in any manner for any such Third-Party Products and Services, or for any loss or damage you may incur as the result of your use of such Third-Party Products and Services.

LIABILITY

You understand and agree that to the fullest extent permitted by applicable law, Inato is providing the Marketplace on an “as is” and “as available” basis for use at your own risk.

INATO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE MARKETPLACE.
INATO MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE MARKETPLACE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE MARKETPLACE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MARKETPLACE WILL BE ACCURATE OR RELIABLE.
ANY ENGAGEMENT ORIGINATING THROUGH THE MARKETPLACE, OR ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE MARKETPLACE, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS. WITHOUT LIMITING THE FOREGOING, YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS, INCLUDING STUDY OR TRIAL SPONSOR’S AND ANY OTHER PARTIES WITH WHOM YOU INTERACT THROUGH THE MARKETPLACE. YOU EXPRESSLY AGREE THAT INATO WILL NOT BE RESPONSIBLE FOR ANY LIABILITY INCURRED AS THE RESULT OF SUCH INTERACTIONS.

Inato’s and its representatives’ collective maximum liability hereunder, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), shall be limited to one thousand U.S. dollars (US $1,000). Inato reserves complete and sole discretion with respect to the operation of the Marketplace, and may, among other things withdraw, suspend or discontinue any functionality or feature. In no event shall Inato be liable for lost profits, lost revenues, lost business, interruption of business, or any indirect, special, incidental, punitive or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages.

PRIVACY

Your privacy is important to Inato. Inato’s Privacy and Cookie policy describes how Inato collects, uses and discloses information we hold on you, so please read it carefully.

APPLICABLE LAW AND JURISDICTION

These Terms and your use of the Marketplace will be governed by French law, without giving effect to any choice of laws principles that would require the application of the laws of a different country. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the courts located within the jurisdiction of the Paris Court of Appeal, France and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

GENERAL PROVISIONS

You agree you will comply with all applicable laws in connection with your access to and use of the Marketplace. These Terms are personal to you, and you may not assign or delegate your rights and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. These Terms do not create any partnership, joint venture or other similar relationship. You acknowledge that Inato has the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Terms. Inato’s delay or failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

No waiver by Inato will have effect unless such waiver is in writing, and signed by Inato. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, the provision of these Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. These Terms constitute the entire agreement between you and Inato with regard to the matters described in these Terms.

Questions?

Any question regarding these Terms may be directed to Inato at contact@inato.com.