Terms and Conditions

1. Introduction

1.1 Overview: These Terms and Conditions (T&C) govern the use of the Trial Key, a Software as a Service (SaaS) offered by OPYL (“we”, “us”, “our”).

1.2 Acceptance: By accessing or using the Service, users (“you”, “your”) agree to be bound by these T&C. Please read these T&C carefully before accessing or using our Service. If you do not agree to these T&C, please do not use the Service.

2. Service Description

2.1 Purpose: The Service is an AI Clinical Trial Predictor which uses advanced algorithms to estimate the outcomes of medical clinical trials.

2.2 Scope: The Service analyzes data inputs to provide predictions regarding the outcomes of clinical trials, but does not guarantee the accuracy or success of any clinical trial.

3. User Responsibilities

3.1 Account Creation: To access the Service, users must provide accurate and complete registration information and keep their account details up to date.

3.2 Data Inputs: Users are responsible for the accuracy and legality of the information or data they provide to the Service. Users must not enter information or data they know or suspect to be incorrect.

4. Limitations and Disclaimers

4.1 Predictive Nature: The Service provides predictive modelling, not definitive outcomes. Predictions should not be the sole basis for decision-making. You must use your judgement as to the applicability and the appropriateness of the Service for your intended use. You bear sole responsibility and risk in interpreting, using and exploiting the Service, including any findings, results and recommendations arising therefrom.

4.2 No Medical Advice: The Service does not offer medical advice. The information provided by the Service is educational in nature and not meant to be a substitute for professional advice. Users should consult qualified healthcare professionals for decision-making and advice regarding clinical trials, including participation therein and in the consideration of findings, results and recommendations arising therefrom.

4.3 Limitation of Liability: To the maximum extent permitted by law, we shall not be liable to you or any third party for any special, indirect, incidental, consequential loss or damage, or punitive damages arising from the use of the Service, whether in tort (including negligence), equity or otherwise.

4.4 Disclaimer of Warranty: The Service is provided “as-is” without warranty of any kind, express or implied, including but not limited to fitness for a particular purpose, performance, accuracy, or reliability. To the maximum extent permitted by law, we will not be liable to you for any loss or damage arising from your use of the Service, including any findings, results and recommendations arising therefrom.

4.5 Maximum Liability: Notwithstanding any other T&C herein, and to the fullest extent permitted by law, our liability arising from our obligations under these T&C or any other matter related thereto, whether in tort (including negligence), equity or otherwise, will not exceed any fees paid to us under these T&C or otherwise.

5. Intellectual Property

5.1 Ownership: All intellectual property rights in the Service, including algorithms, software, and content, are owned by us or our licensors.

5.2 User License: We grant users a non-exclusive, non-transferable license to use the Service according to these T&C. Users must only access the Service for lawful purposes.

5.3 Restrictions: Users must not sublicense, sell, or otherwise transfer the right to use the Service or reverse engineer, decompile, or otherwise attempt to discover the source code of the Service.

6. Data and Privacy

6.1 Data Collection: We collect and process user data and personal information as described in our Privacy Policy, which can be found Privacy & Policy. Please review the Privacy Policy to understand how we collect, use, and protect your data and personal information.

6.2 Data Use: User data is used to operate and improve the Service and comply with legal obligations.

6.3 Confidentiality: We maintain the confidentiality of user data and personal information, except where it is required to be disclosed by law.

7. Terms Modification and Termination

7.1 Modifications: We reserve the right to modify these T&C at any time without prior notice. Continued use of the Service after changes indicates deemed acceptance of the new terms. Notification of any changes will be advised by posting the updated version of these T&C to our website and the changes will apply from the date of publication.

7.2 Termination: We may terminate or suspend your access to the Service for non-compliance with these T&C. Upon termination or suspension, your right to use the Service will cease immediately.

8. Governing Law

8.1 Jurisdiction: These T&C are governed by the laws of New South Wales without regard to its conflict of law principles. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

9. Dispute Resolution

9.1 Mandatory Arbitration: Any disputes or claims arising from these T&C will be exclusively and finally resolved through binding arbitration in accordance with the rules and procedures of The Australian Centre for International Commercial Arbitration. The arbitration shall be conducted by a single arbitrator appointed in accordance with the said rules and shall be conducted in Sydney, New South Wales. The award of the arbitrator shall be final and binding on the parties and judgement may be entered thereon in a court of competent jurisdiction.

10. Miscellaneous

10.1 Severability: If any provision of these T&C is found to be invalid, that part may be reduced to the extent necessary to make it valid and enforceable or severed and the remaining provisions will continue to be valid and enforceable.

10.2 No Waiver: Our failure to enforce any right or provision will not constitute a waiver of future enforcement of that right or provision.

11. Contact Information

11.1 Support and Feedback: For support or feedback regarding the Service, please contact us at help@trialkey.ai