Terms of Service

By accessing or using the Service, you accept these Terms on behalf of yourself and any organization you represent. We may update these Terms; the “Effective” date above reflects the current version. Material changes will be notified through the Service or by email to account administrators.

The Service includes the Trialion eClinical platform (including, where available, electronic data capture, electronic case report forms, audit trail, e-signatures, freeze, lock, and exports), the marketing website, and any associated documentation, APIs, and integrations.

Use of certain features requires an account. You are responsible for: (a) the accuracy of registration information; (b) safeguarding credentials; (c) authorized-user activity; and (d) prompt notification of any suspected unauthorized access. Trialion may suspend or terminate accounts that violate these Terms or applicable law.

You will not, and will not allow any third party to:

• Use the Service in violation of law or any applicable regulation;
• Upload, transmit, or process data that infringes intellectual property, privacy, or other rights of third parties;
• Interfere with or disrupt the Service, including by introducing malware, attempting unauthorized access, or conducting unauthorized security testing;
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent expressly permitted by law;
• Use the Service to build a competing product or to benchmark for that purpose.

Commercial use of the Service is governed by a written order form or master services agreement (an “Order”) between Trialion and the customer. Fees, billing, renewal, and cancellation terms are set out in the applicable Order. Unless the Order says otherwise, fees are non-refundable.

As between you and Trialion, you retain all rights, title, and interest in and to your data, including clinical trial data submitted to the Service (“Customer Data”). You grant Trialion a non-exclusive, worldwide license to use Customer Data solely to provide, secure, and support the Service. Our processing of Customer Data on your behalf is governed by our Data Processing Agreement.

Each party will protect the other’s Confidential Information using at least the same degree of care it uses to protect its own (and not less than reasonable care), and will not use or disclose Confidential Information except as needed to perform under these Terms or as required by law.

Trialion and its licensors retain all rights, title, and interest in the Service, including all related intellectual property. No rights are granted to you other than the limited license to use the Service as expressly permitted in these Terms and any applicable Order.

The Service is designed to support customer compliance obligations under 21 CFR Part 11, ICH E6(R3), and similar frameworks. Compliance is a shared responsibility: we provide validated infrastructure, audit trails, electronic signatures, and validation documentation; you are responsible for protocol-specific configuration, process validation, and your own regulatory submissions.

Except as expressly stated in an Order, the Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, Trialion disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, arising out of or relating to these Terms. Each party’s aggregate liability under these Terms will not exceed the fees paid or payable to Trialion in the twelve months preceding the event giving rise to the claim. These limits do not apply to either party’s indemnification obligations, breaches of confidentiality or intellectual-property rights, or liability that cannot be limited by law.

Each party will defend and indemnify the other against third-party claims arising out of its breach of these Terms or its violation of applicable law, subject to the indemnified party providing prompt notice, reasonable cooperation, and sole control of defense and settlement.

These Terms remain in effect while you use the Service. Either party may terminate for material breach if uncured 30 days after written notice. On termination, you must stop using the Service; provisions that by their nature survive termination will survive.

These Terms are governed by the laws of the laws of India, with specific reference to the State of Haryana, without regard to conflict of laws principles. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in the courts in Gurugram, Haryana, India for any dispute arising under these Terms.

These Terms (together with any applicable Order, DPA, and BAA) are the entire agreement between the parties on this subject. If any provision is held unenforceable, the remaining provisions will continue in effect. Failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent (not to be unreasonably withheld), except in connection with a merger or sale of substantially all assets.

For questions about these Terms, contact legal@trialion.com.