Terms and Conditions For Pathverse App Builder
Article 1 – Acceptance of the Website Terms and Conditions of Use
1.1 These terms and conditions for the Services (as defined herein) of https://pathverse.ca, constitute a legal agreement and are entered into by and between Users and Pathverse Inc. (“Pathverse,” “Company,” “we,” “us,” “our“). When we refer to “Administrators”, we are referring to administrators of research and learning who obtain access to the administrator’s portal within the Application. When we refer to “Participants”, we are referring to participants of research and learning who are granted access to the participant’s portal within the Application. When we refer to “you,” “your,” or “Users,” we are referring to all users of the Website and Application, including Administrators and Participants.
1.2 The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any content, functionality, and services offered on or through https://pathverse.ca No-Code App Builder (the “Website“) and the Pathverse app (the “Application”) (collectively, the “Services”). These Terms and Conditions shall commence when you first visit https://pathverse.ca or use any feature of the Services and shall apply to all of your subsequent visits and uses.
1.3 BY USING THE WEBSITE, APPLICATION, OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT Here, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
1.4 By using the Website or Application, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. If you do not meet all of these requirements, you must not access or use the Website.
Article 2 – Modifications to the Terms and Conditions and to the Website
2.1 We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
2.2 The information and material on this Website, and the Application, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or Application is restricted to users or unavailable at any time or for any period.
Article 3 – Your Use of the Services and Account Set-Up and Security
3.1 The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or Application.
3.2 The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Services. Users are required to ensure that all persons who access the Services through a User’s internet connection are aware of these Terms and Conditions and comply with them. The Services, including access to studies, modules, or cards or areas of the Application, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is true, accurate, current, and complete.
3.3 Your provision of registration information and any submissions you make to the Services through any functionality such as applications, chat functions, e-mail, message boards, personal, or profiles (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://pathverse.ca/privacy-policy/.
3.4 Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
3.5 We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions. Users acknowledge that Pathverse will not verify Participants.
3.6 You are prohibited from attempting to circumvent and from violating the security of the Services, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Administrators, Participants, the Company, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Pathverse’s ability to monitor the Services; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website or Application; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website or Application via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website or Application.
3.7 As a condition of an Administrators access and use, before submitting an approved Study Ethics document from a qualified Research Ethics Board to the Company, Administrators are enabled to enroll only one Participant into their study to test functionality of the Services.
3.8 If Research Ethics Board is not available or does not apply, Administrators may be granted access and use on case by case basis. Researchers will need to obtain consent from all participants.
Article 4 – Pricing, Payment
4.1 Subject to these Terms and Conditions, the Services are provided to you for free up to certain limits and with limited features (“Trial Version”). Usage over these limits or access to certain features requires you to purchase a subscription (“Subscription”). The Trial Version offers Administrators access to develop one study including and limited to 10 modules and up to 50 Participants. Should you desire to upgrade your Subscription, you may initiate this change through your account settings within the Services.
4.2 When you purchase a Subscription (such purchase, a “Transaction”) you expressly authorize us (or our third party service providers) to charge you for such Transaction. When you initiate a Transaction, you authorize us to provide your payment information to our third party service providers so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction. You represent and warrant that you have the legal right to use all payment method(s) represented by any such payment information.
Article 5 – Termination
5.1 For the Trial Version, the term of the Users subscription will continue until: (i) the trial period has ended by the Administrator purchasing a Subscription, (ii) Client terminates its account with Pathverse, or (iii) until this agreement is otherwise terminated, whichever is earlier.
5.2 For the Subscription, the term of the Users subscription will continue until: (i) the Subscription is cancelled, (ii) Client terminates its account with Pathverse; or (iii) until this agreement is otherwise terminated, whichever is earlier.
5.3 Pathverse may terminate the agreement between the Parties with immediate effect at any time and without reason.
5.4 Upon request from the respective Administrator or Participant, Pathverse is entitled to delete or destroy all copies of Administrator or Participant Data, unless agreed to otherwise in writing.
Article 6 – Modifications to Service
6.1 Pathverse reserves the right to modify or discontinue, temporarily or permanently, the Service, or any part thereof, including, but not limited to, self-monitoring tools and the functioning of modules and cards within the Application with or without notice. Users agree that Pathverse will not be liable to you or any third party for modifying, suspending, or discontinuing the Service.
6.2 Pathverse reserves the right to delete applications without any Administrator activity. Such applications are considered stalled and are removed to preserve system resources.
Article 7 – Intellectual Property Rights and Ownership
Service Content, Application Software, Trademark
7.1 Users acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Pathverse, Users agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own Administrator Content and Participant Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
7.2 The technology and software underlying the Service or distributed in connection therewith is the property of Pathverse, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Pathverse.
7.3 The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are, registered or unregistered, trademarks of the Company or its affiliates or licensors (collectively, the “Pathverse Trademarks”). Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Pathverse Trademarks displayed on the Service, without our prior written permission in each instance. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. All goodwill generated from the use of the Pathverse Trademarks will inure to our exclusive benefit. You agree that Pathverse may list your company or organization name (including by displaying any company or organization trademark) and identify the business relationship between the parties on the Pathverse website and in other marketing and advertising material.
Administrator Content
7.4 As between the Administrator and Pathverse, you own your Administrator Content. For purposes of these Terms and Conditions, “Administrator Content” means text, graphics, designs, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services (including without limitation, the specific configurations of the study, modules, or cards). Pathverse shall not acquire any intellectual property ownership in the Administrator Content that you make available through the Services including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded on the Application. Pathverse is not responsible or liable for the Administrator Content and the consequences of uploading the Administrator Content and for sharing the Administrator Content by granting access to the Services. Pathverse does not endorse the Administrator Content or any advice, suggestion or opinion expressed in the Administrator Content. You are solely responsible for all your Administrator Content. You represent and warrant that you own all your Administrator Content or you have all rights that are necessary to grant us the license rights in your Administrator Content under these Terms.
7.5 Pathverse will have the right, but not the obligation, in their sole discretion to refuse or remove any Administrator Content that is created, posted, made available, linked to, or uploaded via the Application. However, you acknowledge that Pathverse does not pre-screen Administrator Content on the Application. Without limiting the foregoing, Patheverse will have the right to remove any Administrator Content that violates these Terms and Conditions or is deemed to be objectionable by Pathverse, in its sole discretion.
7.6 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Pathverse are non-confidential and Pathverse will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Pathverse may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Pathverse, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Participant Submissions
7.7 For purposes of these Terms and Conditions, “Participant Submissions” means text, graphics, designs, images, audio, video, works of authorship of any kind, health information (including, but not limited to, active minutes, steps, blood sugar levels, weight, waist circumference, and blood pressure) and information or other materials that are posted, recorded, provided or otherwise submitted through cards and modules through the Services. The Services may contain Interactive Functions allowing Participant Submissions on or through the Services. None of the Participant Submissions you submit to the Website will be subject to any confidentiality by the Company. Confidentiality between the Administrator and Participant will be governed by the terms of the approved study ethics from a Research Ethics Board.
7.8 Pathverse shall not acquire any intellectual property ownership in the Participant Submissions that you make available through the Services including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded on the Application.
7.9 Pathverse will have the right, but not the obligation, in their sole discretion to refuse or remove any Participant Submissions that is created, posted, made available, linked to, or uploaded via the Application. However, you acknowledge that Pathverse does not pre-screen Participant Submissions on the Application. Without limiting the foregoing, Patheverse will have the right to remove any Participant Submissions that violates these Terms and Conditions or is deemed to be objectionable by Pathverse, in its sole discretion.
7.10 Participants acknowledge and agree that all Participant Submissions and information or other materials that are posted, recorded, provided or otherwise submitted through studies and modules through the Services to an Administrator shall be considered owned by the Administrator. Participants acknowledge that Administrators will have access to download Participant’s Submissions and other information including, but not limited to, usage data and survey data.
7.11 You represent and warrant that all Participant Submissions comply with applicable laws and regulations and Terms and Conditions. You understand and agree that you, not the Company, nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any Participant Submissions you submit or contribute to an Administrator, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Participant Submissions submitted by you or any other user of the Website or Application.
License
7.12 Subject to these Terms and Conditions, Pathverse grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: (i) access and use the functionality of the Service to build, host and manage research and learning studies that may be made available to registered participants from the general public. The license granted in this Section 7.10 includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Services (collectively, “Documentation”), and (b) use any changes to the Services made available to Administrators or Participants, respectively, at no additional cost (each, an “Update”) when each Update is made available.
7.13 Except as explicitly permitted in these Terms and Conditions, you may not, directly or indirectly: (i) modify or create derivative works of the Services; (ii) decompile, reverse engineer, or translate any portion of the Services into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Services to any third party; (iv) remove, alter or deface proprietary notices or marks in the Services or Documentation; (v) disclose the results of testing or benchmarking of the Services; (vi) circumvent or disable the Services’ security, copyright protection, or license management mechanisms, (vii) interfere with the Services’ operation; (viii) use the Services to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing. Pathverse may take any actions it deems reasonable, including denying access to Users, suspending a study, or terminating your subscription for any breach of this Section 7.10.
7.14 By uploading and/or configuring any Administrator Content you hereby grant and will grant Pathverse a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your Administrator Content solely in connection with the operation of the Service, in any form, medium or technology now known or later developed. Further, by creating Administrator Content through use of the Service, you grant and will grant Pathverse and its affiliated companies a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Administrator Content for the sole purpose of enabling Pathverse to provide you with the Service.
7.15 By providing any Participant Submission to the Services, Participants grant Pathverse and the Administrators the right to a world-wide, royalty free, perpetual, revocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose to incorporate such material into any form, medium or technology throughout the world without compensation to the Participant. Participants further waive any moral rights or other rights of authorship as a condition of submitting any Participant Submission.
Copyright Complaints
7.16 Pathverse respects the intellectual property of others, so if you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Pathverse of your infringement claim. A notification of claimed copyright infringement should be emailed to Pathverse at admin@pathverse.ca.
Article 8 – Conditions of Use and User Submissions and Site Content Standards
8.1 As a condition of your access and use, you agree that you may use the Services only for lawful purposes and in accordance with these Terms and Conditions.
8.2 The following content standards apply to any and all content, material, and information a User submits, posts, publishes, displays, or transmits (collectively, “submit“) to the Website, to the Application, to other Users, persons, or Participants (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
8.3 Without limiting the foregoing, you warrant and agree that your use of the Services and any User Submissions shall not:
In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at https://pathverse.ca/privacy-policy/;
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In any manner violate the terms of use of any third-party website that is linked to the Website or the Application, including but not limited to, any third-party social media website;
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Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion;
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Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
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Involve, provide, or contribute any false, inaccurate, or misleading information;
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Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and/or these Terms and Conditions;
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Impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
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Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
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Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Application, or which, as determined by us, may harm the Company or Users of the Website and/or Application or expose them to liability;
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Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
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Promote any illegal activity, or advocate, promote, or assist any unlawful act;
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Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case;
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Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
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Create more than one application in the Free Trial with substantially the same database structure and/or substantially the same study, module, or card structure. This restriction does not apply if your applications are on a paid plan;
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Use machine-generated user identities;
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Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
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Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
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Rent, lease, share, distribute, sell or offer to sell, User Submissions or Participant’s personal information to any third party.
Article 9 – Site Monitoring and Enforcement, Suspension, and Termination
9.1 Company has the right, without provision of notice to:
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Remove or refuse to post on the Website or the Application any User Submissions for any or no reason in our sole discretion;
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At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website or Application and User Submissions or Terms and Conditions;
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Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website or Application. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Application;
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Terminate or suspend your access to all or part of the Website or Application for any or no reason, including, without limitation, any violation of these Terms and Conditions;
9.2 YOU WAIVE AND HOLD HARMLESS THE COMPANY AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES;
9.3 We have no obligation, nor any responsibility to any party to monitor the Services or its use, and do not and cannot undertake to review material that Users submit to the Website or the Application. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party, subject to applicable laws;
Article 10 – No Reliance
10.1 The content on in our Application is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Services.
10.2 Although we make reasonable efforts to update the information on our Website and Application, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, or successors has any responsibility or liability whatsoever for your use of the Services.
10.3 The Service may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, or successors has any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Article 11 – Support Policy
11.1 Pathverse shall provide technical support for the Services to Administrators within 24 hours of an Administrator request for support. Upon investigating the support request, if Pathverse determines that the cause of the request for support is related to a software bug, Pathverse shall make best efforts to engage in debugging the software immediately. Pathverse makes no representations as to the functionality of the Services or length of time required to debug the Services.
11.2 By using the Services, Users acknowledge and agree that technical support for Participants shall be attended to by Administrators to the extent that such support does not include resolving software bugs.
Article 12 – Privacy
12.1 By submitting your personal information and using our Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user submissions in compliance with our Privacy Policy, found at https://pathverse.ca/privacy-policy/ as we deem necessary for use of the Services.
12.2 By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see https://pathverse.ca/privacy-policy/.
Article 13 – Third-Party Websites
13.1 For your convenience, the Service may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website or Application. Such links to third-party sites from the Services may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website or Application. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
13.2 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Services must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with this Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Article 14 – Geographic Restrictions
14.1 The owner of the Services is based in British Columbia, Canada. We provide the Services for use by persons located worldwide. The Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Website or Application from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Article 15 – Disclaimer of Warranties
15.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15.2 NEITHER THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE, THE APPLICATION, OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, THE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE APPLICATION, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.3 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE, THE APPLICATION, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE, THE APPLICATION, AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE APPLICATION, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE, THE APPLICATION, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Article 16 – Limitation on Liability
16.1 EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, THE APPLICATION, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, APPLICATION CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Article 17 – Indemnification
17.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Services, including, but not limited to, your User Submissions, Administrator Content, Participant Submissions, third-party sites, any use of the Website or Application’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Article 18 – Governing Law and Choice of Forum
18.1 The Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule of any other jurisdiction and notwithstanding your domicile, residence, or physical location.
18.2 Any action or proceeding arising out of or relating to the Services and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Article 19 – Waiver
19.1 Except as otherwise set forth in this Terms and Conditions, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Article 20 – Severability
20.1 If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Article 21 – Entire Agreement
21.1 The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Pathverse regarding the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Article 22 – Reporting and Contact
This website is operated by Pathverse Inc. admin@pathverse.ca.
Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at admin@pathverse.ca.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to admin@pathverse.ca.
Effective: April 2, 2024
Terms and Conditions For Pathverse StudyFlow
Effective Date: Sept 22, 2026
These StudyFlow Terms of Service (the “Terms”) constitute a legal agreement between Pathverse Inc. (“Pathverse,” “we,” “us,” or “our”) and the individual, institution, organization, research team, or other entity using the StudyFlow service (“Customer”).
StudyFlow is a study participant management and research workflow platform provided by Pathverse.
By creating a StudyFlow account, accessing StudyFlow, or using the Services, you agree to these Terms.
If you access or use StudyFlow on behalf of a university, hospital, research institute, company, research team, or other organization, you represent and warrant that you have authority to accept these Terms on behalf of that organization and the applicable research study. In that case, “Customer” refers to that organization.
If you do not agree to these Terms, you must not use StudyFlow.
If Pathverse and Customer have entered into a separate written agreement governing StudyFlow, including an institutional agreement, SaaS agreement, order form, data processing agreement, or similar agreement, the terms of that agreement will prevail to the extent of any conflict with these Terms.
1. Definitions
“Authorized User” means an individual whom Customer authorizes to access or administer StudyFlow on its behalf, including a principal investigator, researcher, research coordinator, graduate student, research assistant, staff member, or other authorized member of a research team.
“Customer Content” means study materials, questions, surveys, screening criteria, eligibility rules, consent materials, communications, study configurations, notes, documents, and other materials entered, uploaded, configured, or provided by Customer or its Authorized Users.
“Customer Data” means information collected, entered, uploaded, transmitted, stored, or otherwise processed through Customer’s use of StudyFlow, including Participant Data, survey responses, screening information, study status information, and Customer Content.
“Participant” means an individual who accesses StudyFlow in connection with a Study established by a Customer, including an individual screened for potential participation.
“Participant Data” means information relating to a Participant that is collected or processed through StudyFlow.
“Services” means the StudyFlow platform and associated services provided by Pathverse.
“Study” means a research study, project, program, evaluation, or other activity created or administered by Customer using StudyFlow.
2. StudyFlow Services
StudyFlow is a software platform designed to assist Customers with managing research participants and study workflows.
As StudyFlow develops, StudyFlow may provide functionality including participant tracking, study stages and workflows, online screening, surveys and questionnaires, participant groups or study arms, participant status tracking, researcher notes, custom fields, participant communications, email notifications, eligibility rules, and related research-management functionality.
The features available within StudyFlow may change as StudyFlow develops.
Unless Pathverse expressly agrees otherwise in writing, StudyFlow is provided as a technology platform and not as a clinical, medical, research, regulatory, or professional service.
3. Service Development
Customer acknowledges that StudyFlow is currently a product under active development and testing.
Software may contain errors, bugs, incomplete functionality, interruptions, design changes, or other limitations that may not be present in a commercially mature service. As StudyFlow develops, Pathverse may modify, add, remove, replace, or discontinue features; change workflows, interfaces, limits, or technical requirements; perform maintenance and updates; temporarily suspend functionality for testing, maintenance, security, or development; introduce new versions of StudyFlow; and request feedback concerning Customer’s experience with the Services. Customer is responsible for evaluating whether StudyFlow is appropriate for its Study.
Before enrolling Participants or relying upon a StudyFlow configuration, Customer should independently review and test its Study setup, including screening criteria, surveys, eligibility rules, participant groups, study stages, email notifications, and other workflows relevant to the Study.
Customer should maintain appropriate independent records and export copies of research data as necessary for its research, institutional, regulatory, ethical, and legal requirements.
StudyFlow should not be used as Customer’s sole permanent archive for research data.
Unless expressly agreed otherwise in writing, no service-level agreement or guaranteed uptime applies to StudyFlow.
4. Accounts and Authorized Users
Customer is responsible for identifying and managing its Authorized Users. Customer must ensure that Authorized Users comply with these Terms and is responsible for activities performed through its accounts.
Authorized Users register using their name, email address, and password. Registration does not require a separate username or organization field. Authorized Users must provide accurate account information and maintain the confidentiality of their passwords and other authentication credentials. Accounts may not be shared between individuals unless expressly permitted by Pathverse.
Customer must promptly notify Pathverse if it becomes aware of unauthorized account access or another suspected security incident involving StudyFlow.
Pathverse may suspend or restrict an account where reasonably necessary to protect the Services, Customer Data, Participants, other customers, or Pathverse.
5. Participant Access
Customers may invite or permit Participants to access portions of StudyFlow through time-limited links and tokens for purposes such as screening, providing contact information, completing surveys, receiving study information, or participating in other Customer-configured activities. Participants do not create username-and-password accounts. Participants must protect their access links and tokens and must not share them with unauthorized persons.
StudyFlow may process Participant contact information, including name, email address and, where requested, telephone number, as provided by the Participant or research team. Additional Participant Data collected through StudyFlow is determined primarily by Customer’s configuration of its Study.
Customer acknowledges that Pathverse does not recruit Participants, independently verify Participant identity, determine whether an individual should participate in a Study, or establish the research relationship between Customer and Participant.
6. Customer Responsibility for Research
Pathverse provides technology infrastructure. Pathverse is not the sponsor, investigator, research institution, research ethics board, healthcare provider, or regulatory authority responsible for Customer’s Study merely because StudyFlow is used in connection with that Study. Customer is solely responsible for the design, conduct, administration, and oversight of its Study. This includes, as applicable, responsibility for obtaining necessary research ethics board (“REB”), institutional review board (“IRB”), institutional, regulatory, and other approvals; obtaining legally and ethically appropriate informed consent or assent; determining recruitment procedures and eligibility requirements; ensuring screening and eligibility criteria are appropriate; managing participant safety; complying with the approved research protocol; determining what information may appropriately be collected; providing appropriate privacy and research notices; responding to Participant questions, complaints, withdrawals, and requests; determining data-retention requirements; complying with applicable privacy, research, health-information, electronic communications, consumer-protection, and other laws; and ensuring Authorized Users use StudyFlow appropriately.
Pathverse’s provision of StudyFlow does not constitute approval or endorsement of any Study, research protocol, screening criterion, consent form, survey, communication, intervention, or other Customer activity.
7. Research Ethics Approval
Where a Study involving human participants requires approval from an REB, IRB, or equivalent body, Customer represents and warrants that it will obtain all required approvals before conducting applicable research activities through StudyFlow.
Pathverse may request evidence of applicable ethics or institutional approval. Pathverse’s decision to request, review, or not request documentation does not transfer responsibility for research ethics compliance from Customer to Pathverse.
Where REB or IRB approval is not required or does not apply, Customer remains responsible for determining the appropriate legal, ethical, and institutional basis for its collection and use of Participant Data.
8. Screening and Eligibility
StudyFlow may allow Customers to establish screening questions, eligibility criteria, decision rules, and classifications such as eligible, ineligible, or needs review.
All criteria and rules are established or configured by Customer. StudyFlow processes Customer-defined rules as a software function. Pathverse does not independently determine whether a Participant is medically, clinically, scientifically, ethically, or otherwise suitable or eligible for a Study. Customer must review and appropriately test its screening and eligibility configuration before relying upon it with Participants.
Customer is responsible for determining whether human review of screening results is required.
Software errors, configuration errors, incomplete Participant information, or other factors may affect screening results. Customer must not rely upon StudyFlow as a substitute for investigator or professional judgment where such judgment is required.
9. Study Groups and Assignment
StudyFlow may permit Customers to create study groups, cohorts, or study arms and manually assign Participants to them. Unless expressly identified otherwise within the Services, StudyFlow does not perform validated clinical-trial randomization. Customer is responsible for its allocation or randomization methodology and for verifying that Participants have been assigned appropriately in accordance with its Study protocol.
10. Customer Content and Custom Fields
StudyFlow allows Customers to create surveys, questions, notes, screening criteria, custom fields, and other Customer Content. Because Customers control these fields, StudyFlow may be used to collect information beyond standard Participant contact information, including sensitive personal information, health information, demographic information, research information, and other categories of data.
Customer is responsible for determining whether collecting such information is necessary, appropriate, lawful, and consistent with its ethics approval, consent materials, privacy notices, and institutional requirements.
Customer represents and warrants that it has all rights, permissions, approvals, and lawful authority necessary to collect, use, disclose, and otherwise process Customer Data through StudyFlow.
11. Ownership of Customer Data
As between Pathverse and Customer, Customer retains all right, title, and interest in and to Customer Data, subject to any rights of Participants or third parties under applicable law.
Pathverse does not acquire ownership of Customer Data by providing StudyFlow. Customer grants Pathverse a limited, non-exclusive right to host, copy, transmit, process, display, back up, and otherwise use Customer Data solely to the extent reasonably necessary to provide, maintain, secure, support, and improve the Services, comply with Customer’s instructions, or comply with applicable law.
This licence terminates when the applicable Customer Data is deleted from Pathverse’s systems, subject to normal backup cycles and legal retention requirements. Pathverse will not sell identifiable Participant Data.
12. Participant Data
Participant Data may include name, email address, telephone number, Participant identifiers, screening responses, eligibility status, consent status, study-arm information, appointment information, survey responses, research staff notes, compensation status, withdrawal status, health information, and other information determined by Customer.
The precise information collected for each Study is determined by Customer. Customer is responsible for informing Participants about the Study, information being collected, purposes for which it will be used, who will have access to it, and any disclosures required by applicable law, institutional requirements, or research ethics approval. Pathverse does not obtain an independent ownership interest in Participant responses or research data.
13. Pathverse Access to Customer Data
Pathverse does not routinely access Customer’s identifiable research data for its own purposes.
Access to Customer Data by Pathverse personnel will be limited to authorized personnel and circumstances reasonably necessary to provide technical support; diagnose or troubleshoot technical issues; maintain, secure, or protect the Services; prevent or investigate misuse or security incidents; perform backup, restoration, or other technical operations; or comply with applicable law or valid legal process. Where reasonably practicable, Pathverse will limit access to the information reasonably necessary for the applicable purpose.
14. Aggregated and De-identified Information
Pathverse may generate and use aggregated, statistical, or de-identified information concerning use and performance of StudyFlow for legitimate business purposes, including operating, securing, analyzing, improving, and developing StudyFlow and understanding platform usage.
Such information must not reasonably identify an individual Participant or disclose a Customer’s identifiable individual research responses. For example, Pathverse may analyze aggregate information concerning numbers of studies, Participants, surveys, workflows, or platform activities.
Pathverse will not sell identifiable Participant Data.
15. Data Hosting
Unless otherwise agreed in writing, Customer Data for the standard StudyFlow service is hosted in Canada. Alternative or customized data-hosting regions may be available through separate arrangements with Pathverse. Customer is responsible for determining whether the applicable hosting arrangement satisfies its legal, institutional, contractual, funding, ethics, and research requirements.
16. Security
Pathverse will use reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, alteration, or disclosure. Security controls are being developed as StudyFlow develops. Multi-factor authentication for researchers and audit logging are not currently implemented. Customer must not assume that a particular security control is available unless Pathverse has confirmed it. Customer acknowledges that no internet-based service or electronic storage system can guarantee absolute security. Customer is responsible for evaluating whether the current safeguards meet its Study requirements and for appropriate security practices within its organization, including controlling Authorized User access, protecting passwords and Participant access links and tokens, removing access when no longer required, and appropriately exporting and maintaining research data. Additional security commitments may be established through a separate institutional agreement or data processing agreement.
17. Participant Communications
StudyFlow may allow Customer to send or configure email notifications or other communications relating to Study activities. Customer is responsible for the content, timing, recipients, and legal basis for such communications. Customer must ensure communications comply with applicable law and with its ethics approval, consent procedures, Study protocol, and institutional requirements.
Pathverse acts as the technology provider facilitating Customer-configured communications and does not independently determine when or why Participants should be contacted.
18. Privacy
Pathverse’s collection and processing of personal information in connection with StudyFlow is also subject to the applicable Pathverse Privacy Policy. Customer remains responsible for its own privacy notices, informed-consent documents, information-management practices, and compliance obligations relating to Customer Data. Where required or mutually agreed, Pathverse and Customer may enter into a separate Data Processing Agreement or other privacy or security agreement.
19. Data Export, Retention and Deletion
Customer is responsible for regularly exporting and maintaining copies of Customer Data required for its research, legal, regulatory, institutional, ethics, or archival purposes. Customer should not rely on StudyFlow as its sole permanent repository for research data.
StudyFlow does not currently implement a fixed twelve-month post-termination retention period. Retention and deletion arrangements depend on the applicable service or institutional agreement, Customer instructions, applicable legal requirements, and the technical capabilities available as StudyFlow develops. Customer should contact Pathverse at admin@pathverse.ca to arrange data retrieval or request deletion and to confirm the applicable timing, including treatment of any backup copies. Termination does not itself guarantee immediate deletion or continued availability for a specified period. Customer should export required research data before terminating its account.
20. Free Access and Future Paid Services
StudyFlow is currently offered without charge unless otherwise agreed between Pathverse and Customer. Pathverse may introduce free and paid StudyFlow plans in the future.
Pathverse may establish limits on free accounts, including limits relating to Participants, Studies, storage, functionality, support, or other usage. Introduction of paid plans does not authorize Pathverse to automatically charge Customer.
Customer will not be charged for a paid StudyFlow subscription unless Customer affirmatively agrees to the applicable purchase, subscription, order form, or other payment arrangement.
Pathverse may modify or discontinue the free service program upon reasonable notice where practicable.
21. Acceptable Use
Customer, Authorized Users, and Participants must use StudyFlow only for lawful purposes.
Users must not access data or accounts without authorization; circumvent authentication or security controls; interfere with the Services; introduce malicious code; unlawfully reverse engineer StudyFlow; violate privacy, intellectual-property, research, or health-information laws; collect information without appropriate authority; sell Participant Data obtained through StudyFlow; unlawfully monitor, harass, exploit, or harm another person; misrepresent affiliation with Pathverse; or use StudyFlow in a manner creating unreasonable security, legal, technical, or operational risk.
Pathverse may suspend access where it reasonably believes use of StudyFlow violates these Terms or creates material risk.
22. Intellectual Property
StudyFlow, including its software, interfaces, design, documentation, technology, trademarks, and underlying systems, is owned by Pathverse or its licensors. Subject to these Terms, Pathverse grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use StudyFlow during the applicable account period for Customer’s internal research and related activities.
Customer retains ownership of its Customer Content and intellectual property. Nothing in these Terms transfers ownership of Customer Data to Pathverse or ownership of StudyFlow to Customer.
23. Feedback
Pathverse may invite Customers to provide feedback concerning StudyFlow. If Customer or an Authorized User voluntarily provides suggestions, ideas, feature requests, usability feedback, or other feedback concerning StudyFlow, Pathverse may use that feedback without compensation or obligation to Customer to develop, modify, and improve StudyFlow and other Pathverse products.
Feedback does not include Customer Data, Participant Data, identifiable research responses, or confidential research information merely because such information is communicated during a support interaction.
24. Third-Party Services
StudyFlow may integrate with or rely upon third-party services and infrastructure. Third-party services may be governed by their own terms and privacy practices. Unless expressly agreed otherwise, Pathverse is not responsible for changes, outages, acts, or omissions of third-party providers outside Pathverse’s reasonable control.
25. Service Availability and Changes
Pathverse will use commercially reasonable efforts to operate StudyFlow. However, Pathverse does not guarantee that StudyFlow will be continuously available, uninterrupted, error-free, or suitable for every Study. No uptime commitment or service-level agreement applies unless expressly agreed in writing. As StudyFlow develops, Pathverse may make frequent changes to StudyFlow, including changes affecting interfaces, workflows, functionality, and feature availability.Where reasonably practicable, Pathverse will attempt to provide notice of changes or interruptions likely to materially affect active Studies.
26. Technical Support
Pathverse may provide reasonable technical support for StudyFlow but does not guarantee particular response or resolution times unless separately agreed.Customer is responsible for providing Study-specific support to Participants, including questions concerning recruitment, consent, eligibility, survey content, appointments, compensation, withdrawal, and Study procedures.
27. No Medical, Clinical, Research, or Professional Advice
StudyFlow is a software tool. Pathverse does not provide medical, clinical, legal, research ethics, statistical, regulatory, or other professional advice through StudyFlow. StudyFlow does not replace the judgment of qualified researchers, healthcare professionals, research ethics boards, institutions, or other professionals. Customer must independently determine whether StudyFlow and its configuration are appropriate for its intended use.
28. No Emergency Use
StudyFlow is not designed as an emergency communication, emergency monitoring, medical alert, or real-time patient-safety system unless Pathverse expressly agrees otherwise in writing. Customers must not configure StudyFlow in a manner requiring Pathverse to identify or respond to medical emergencies, imminent harm, or other time-critical events. Customer is responsible for establishing appropriate procedures for responding to safety issues arising in its Study.
29. Service Disclaimer
To the maximum extent permitted by applicable law, studyflow is provided “as is,” “as available,” and “with all faults.” Customer acknowledges that studyflow is pre-release software under active
development. Pathverse disclaims warranties and conditions not expressly provided in these terms, including implied warranties or conditions of, merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, and uninterrupted availability.
Pathverse does not warrant that studyflow will be error-free, that data will never be lost, that all defects will be corrected, or that studyflow will satisfy customer’s particular research, regulatory, ethics, or institutional requirements. customer is responsible for reviewing, testing, and validating its study configuration and for maintaining appropriate copies of research data.
30. Limitation of Liability
To the maximum extent permitted by applicable law, Pathverse and its directors, officers, employees, contractors, agents, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages or for loss of profits, revenue, goodwill, business opportunity, research opportunity, anticipated savings, or data arising from or relating to Studyflow.
Pathverse will not be responsible for claims or losses arising from customer’s study design, research activities, recruitment, consent process, eligibility criteria, participant assignment, customer content, customer-configured workflows, communications, failure to obtain required approvals, or customer’s use of customer data.
For services provided without charge, Pathverse’s aggregate liability arising out of or relating to studyflow will not exceed CAD $100, to the maximum extent permitted by applicable law.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited.
31. Indemnification
To the maximum extent permitted by applicable law, Customer agrees to indemnify, defend, and hold harmless Pathverse and its directors, officers, employees, contractors, agents, affiliates, successors, and assigns from third-party claims, damages, liabilities, losses, costs, and reasonable legal fees arising from or relating to Customer’s Study or research activities; Customer Content; Customer’s recruitment or treatment of Participants; Customer’s screening or eligibility criteria; failure to obtain required consent, ethics approval, institutional approval, or authorization; unlawful or unauthorized collection, use, disclosure, or processing of personal information; Customer’s violation of applicable law; Customer’s infringement of third-party rights; Customer’s material breach of these Terms; or misuse of StudyFlow by Customer or its Authorized Users.
This section does not require Customer to indemnify Pathverse to the extent a claim results directly from Pathverse’s own breach of these Terms or conduct for which indemnification cannot lawfully be required.
32. Suspension and Discontinuation of Service
Pathverse may suspend access where reasonably necessary because of a security risk, unlawful use, material breach, technical issue, risk of harm, or legal requirement.
Pathverse may also discontinue the service or materially change its scope.
Where reasonably practicable, Pathverse will provide advance notice of discontinuation so Customers have an opportunity to export Customer Data. Nothing in this section requires Pathverse to continue providing StudyFlow indefinitely.
33. Termination
Customer may stop using StudyFlow and terminate its account. Pathverse may terminate free access upon reasonable notice, except where immediate termination is reasonably necessary because of security concerns, unlawful activity, material breach, technical risk, or risk of harm. Customer remains responsible for exporting research data it wishes or is required to retain. Sections that by their nature should survive termination, including provisions relating to ownership, confidentiality, disclaimers, limitation of liability, indemnification, and governing law, survive termination.
34. Institutional Agreements
Pathverse may enter into separate agreements with universities, hospitals, research institutions, government agencies, companies, or other organizations. Such agreements may address privacy, data processing, security, service levels, hosting, data residency, retention, support, procurement requirements, liability, and other institutional requirements. If a valid written agreement between Pathverse and Customer governs the same subject matter as these Terms, that agreement will prevail to the extent of any inconsistency.
35. Confidentiality
Where Pathverse receives non-public information from Customer that is identified as confidential or that a reasonable person would understand to be confidential, Pathverse will use such information only as reasonably necessary to provide the Services or as otherwise authorized by Customer. Confidential Information does not include information that is publicly available through no breach of obligation, lawfully known without restriction before disclosure, independently developed without use of the confidential information, or lawfully obtained from another source without confidentiality restrictions.
Pathverse may disclose confidential information where required by applicable law or valid legal process.
36. Changes to These Terms
Pathverse may update these Terms as StudyFlow develops. Where changes materially affect Customer’s rights or obligations, Pathverse will provide reasonable notice through StudyFlow, email, its website, or another appropriate method. Continued use of StudyFlow after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.
37. Governing Law and Jurisdiction
These Terms and the Services are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to any different dispute-resolution arrangement contained in a separate written agreement, the parties submit to the jurisdiction of the courts of British Columbia.
38. General Provisions
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect. Failure by Pathverse to enforce a provision does not waive that provision or any other right. Customer may not assign these Terms without Pathverse’s prior written consent except as otherwise agreed. Pathverse may assign these Terms in connection with a merger, corporate reorganization, financing, sale of substantially all relevant assets, or other corporate transaction, subject to applicable law. These Terms, the applicable Privacy Policy, and any separately executed agreement between Pathverse and Customer constitute the agreement governing Customer’s use of StudyFlow. A separately executed agreement controls to the extent of any conflict.
39. Contact
StudyFlow is provided by:
Pathverse Inc.
British Columbia, Canada
Email: admin@pathverse.ca
Questions concerning these Terms, StudyFlow, or technical support may be directed to the above email address.