Terms of Use

Information of the company that manages the services:

The services are provided by Avicenna Research Services, Inc. (hereinafter referred to as “Avicenna Research”), a Canadian-controlled private corporation with registered address at 273 Lawrence Ave E, North York, ON M4N 1T6, Canada, and Business Number 847090834RC0001.

1. Access and Use of the Services

1.1. Access to the Services

1.1.1. These general terms and conditions of use "General Terms and Conditions of Use") shall govern the use of the website www.avicennaresearch.com and related platform ("Website"), which belongs to Avicenna Research. The purpose is to provide information about the activity of the Company and enable the use of the services offered by Avicenna Research ("Service" or "Services"), consisting in the creation and deployment of different types of scientific observational studies (hereinafter referred to as "study", plural as "studies") and, where appropriate, the subsequent storage of the same.

1.2. Agreement to the General Terms and Conditions of Use and, where appropriate, the Specific Conditions

1.2.1. By accessing the Services, you, the User, whether Researcher or Participant (as defined in 2.3.1) agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the studies or its contents.

1.2.2. Some of the above-mentioned Services may be subject to specific conditions established at any time. From now on, such conditions, or any other specific conditions for the Services offered on the Website at any time, shall be referred to as "Specific Conditions".

1.2.3. In addition, Avicenna Research informs the users of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. Therefore, Avicenna Research will provide the User with reasonable prior written notice of any change. If the User does not want to agree to any changes made, the User should stop using that Service, because by continuing to use the Services the User indicate their agreement to be bound by the updated terms.

1.3. Services Use Legal Age

1.3.1. The User creating an Avicenna Research Account (Researcher) declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to use the Services and the information contained therein properly, and to comply with any given applicable regulation.

1.3.2. Exception for Research Participants: The age requirement in Section 1.3.1 applies to Researchers creating accounts, not to research participants. Researchers may conduct studies involving participants of any age, including children, provided that: (a) The study has been approved by an appropriate Research Ethics Committee (REC) or Institutional Review Board (IRB); (b) Appropriate consent has been obtained per applicable law; (c) For children, parental/guardian consent has been obtained where required by law; (d) The study complies with HIPAA (where applicable), PIPEDA (Canada), UK GDPR Article 8, EU GDPR, and other relevant regulations. For detailed requirements regarding research involving children, see Privacy Policy Section 6.8.

2. Avicenna Research Account and Registration

2.1. Registration and Use of Electronic Signature

2.1.1. To access the full functionality of the Service, you must create an account with which your Registration Data (as defined below) or other information will be associated (an "Avicenna Research Account"). Once the registration form has been filled out, the User must agree to the Privacy Policy and the appropriate Specific Conditions.

2.1.2. The User must activate a username and password in order to fully use and enjoy some of the Services. This identification system shall have the status of electronic signature of the User in every way when dealing with Avicenna Research and the rest of the users of the Services ("Electronic Signature").

2.1.3. The Electronic Signature of each User shall be personal and non-transferable. The User is responsible for preventing unauthorized access and/or use of the Electronic Signature by a third party on his or her behalf. In addition, the User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom.

2.1.4. In any case, the User shall be responsible for using the Services properly and safekeeping the Electronic Signature and shall refrain from using the Electronic Signature for illicit purposes or for any purpose that violates these General Terms and Conditions of Use or any Specific Conditions.

2.2. Creating an Account

2.2.1. By creating an Avicenna Research Account, you agree to: (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the "Registration Data"); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) provide, if applicable, a valid payment method for paying any fees associated with the Service; (iv) use only the Avicenna Research Account you created to access the Service; (v) not allow your Avicenna Research Account to be used by anyone else to access the Service; and (vi) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account.

2.2.2. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, including organizations or entities, or if Avicenna Research has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, Avicenna Research may suspend or terminate your Avicenna Research Account and refuse to allow you to use the Service at any time. All Registration Data will be stored and used in accordance with the Avicenna Research Privacy Policy.

2.2.3. You hereby consent to the use of your activities on the Service by Avicenna Research to optimize the availability and presentation of Content to you.

2.3. Researcher Responsibility in Connection With Participants

2.3.1. The Researcher is the person who creates and conducts studies online, and the Participant is the person who enrols in those studies. To such extent, the Researcher is responsible (1) to ensure the study is approved by his or her institution’s Ethics Review Board (2) the approval includes the explicit consent form to be present to the Participant (3) for informing and notifying the Participant of any studies that are created by the Researcher through the Services about how Avicenna Research may use the Participants’ study data and personal data as described in the Terms of Use and Privacy Policy; and (2) for obtaining the consent by Participants for the Terms of Use and Privacy Policy.

2.3.2 The consent obtained by the Researcher from the Participant should include (1) what is the purpose of the study (2) what are the potentials risks or benefits to the Participant (3) what type of data is being collected (4) how the data will be handled and who will have access to the data (5) how the Participant can contact the Researcher (6) what is the withdrawal process.

2.3.3. Additional Requirements for Research Involving Children: When conducting research involving children (under 18), the Researcher is additionally responsible for: (a) Obtaining ethics approval specifically covering research with minors; (b) Compliance with applicable regulations including HIPAA Privacy Rule for minors' ePHI (where applicable), PIPEDA (Canada), UK GDPR Article 8, EU GDPR, and ISO 27001:2022; (c) Obtaining parental/guardian consent where required by applicable law; (d) Providing age-appropriate privacy information to child participants; (e) Implementing verification mechanisms for parental consent; (f) Ensuring clear consent forms explaining children's data collection; (g) Implementing enhanced safeguards as specified in Privacy Policy Section 6.8.

2.4. Data Removal and Avicenna Research Account Termination

2.4.1. You may terminate your Avicenna Research Account at any time by using the account termination option. If you terminate your Avicenna Research Account you may still be able to access certain portions of the Service, but you will not have access to certain features and Content that are available to Avicenna Research Account holders.

2.4.2. We may also terminate your Avicenna Research Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability. In the event that your Avicenna Research Account is terminated, we will cease charging you any fees.

2.4.3. Termination of your account does not cause the data you have provided up until the time of termination to be deleted.

2.4.4. As a Participant, you can delete all or part of the data you have provided, at any time, by using the "Delete Data" option in the "My Profile" section of your account. Avicenna Research will not store any copy or backup of the deleted data. In the case that your account is terminated and you do not have access to the "My Profile" section of your account, you can delete your data by contacting us through email to support@avicennaresearch.com.

2.4.5. The Researcher may create a backup of your data outside of Avicenna Research servers, as long as it is in accordance with the consent form you have agreed to prior to joining his or her study. In such case, your request to delete the data only removes the copy stored by Avicenna Research, and not the copy owned by the Researcher. You must contact the Researcher to request deleting the copy owned by him or her.

2.4.6. Upon termination of your account, unless explicitly requested by you for immediate data deletion, Avicenna Research will retain your data for a minimum period of two (2) years following contract termination, in accordance with our Data Management Policy. If you request data deletion before the end of this retention period, you can delete your data by contacting us through email to support@avicennaresearch.com. After the two-year period, data may be retained if necessary for legal and regulatory reasons, or it will be scheduled for deletion according to our internal processes and technical considerations.

3. Fees and Payments

3.1. Fees for Services

3.1.1. Avicenna Research reserves at any time the right to require payment of fees for certain or all Services. You shall pay all applicable fees (including any overage fees), as described on the Specific Conditions in connection with such Services selected by you.

Avicenna Research reserves the right to change its price list and to institute new charges at any time upon notice to you (i.e. on the website and/or by email) provided that, for Services billed on per-study basis, the old pricing will apply until the end of the currently defined studies.

3.1.2. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges, for all the studies defined after the change. Any fees paid hereunder are non-refundable, except as provided in these General Terms and Conditions of Use, in the Specific Conditions or when required by law.

3.2. Failure to Pay Fees

3.2.1. Failure to pay fees (including any overage fees) when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.

4. Prohibited User Conduct

4.1. Prohibited Activities While Using the Service

You Agree Not to Engage in Any of the Following Prohibited Activities:

1. Use, display, mirror, or frame the Service, any individual element within the Service, the Avicenna Research name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without Avicenna Research’s express written consent.
2. Access the Service by any means other than through interfaces provided by Avicenna Research and as otherwise expressly authorized under these Terms of Service.
3. Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers.
4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Avicenna Research or any of our providers or any other third party (including another user) to protect the Service.
5. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
6. Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Avicenna Research or other generally available third party web browsers or search engines.
7. Send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation.
8. Use any meta tags or other hidden text or metadata utilizing the Service or a Avicenna Research trademark, logo, or URL without Avicenna Research’s express written consent.
9. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
10. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your Avicenna Research Account) or your access to or use of the Service.
11. Collect or store any personally identifiable information from other members of the Service without their express permission.
12. Stalk or otherwise harass another person or entity.
13. Impersonate or misrepresent your affiliation with any person or entity.
14. Violate any applicable law or regulation.
15. Without limiting any other provision of these Terms of Service, allow any other person or entity to use your Avicenna Research Account.
16. Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.

4.2. No Reverse Engineering

In particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the studies, Services or Contents.

5. Privacy policy

5.1. When the User provides personal data to Avicenna Research, either during registration, navigation, when using the Services, making inquiries, requests or simulations through the Website, the Privacy Policy shall apply, which must be previously accepted by the User.

6. Industrial and Intellectual Property

6.1. All Website contents other than User Content (including but not limited to databases, images, photographs, patents, utility and industrial models) are the property of Avicenna Research or its content providers, in which case those contents have been licensed to Avicenna Research, and they are protected by Canadian or international regulations governing industrial and intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Website is exclusively owned by Avicenna Research and is protected by the applicable laws governing industrial and intellectual property.

6.2. All the software utilized for the use and development of the Services is the property of Avicenna Research or its software providers, and is protected by the laws governing industrial and intellectual property.

6.3. All brands, labels, distinguishing symbols or logos that appear on the Services are the property of Avicenna Research and are duly registered or in the process of registration. The names of other products, services and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners.

6.4. All texts, graphs, drawings, videos or audio supports are the property of Avicenna Research or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents.

6.5. The fact that Avicenna Research makes available to the users the information, databases, images, photographs, patents, utility and industrial models, drawings, graphs, text files, audio files, video files and software owned by Avicenna Research or its content providers that appear in the Services, does not mean, in any case, the assignment of their ownership or any right of exploitation in favour of the User, other than the rightful use of the Services consistent with its purpose.

6.6. It is strictly prohibited to use the contents of the Services without the authorization of Avicenna Research. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of Avicenna Research’s intellectual property rights, and shall be punished according to applicable laws.

7. Users Content

7.1. The User accepts that the Services may display content provided by others that is not owned by Avicenna Research. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Avicenna Research is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

7.2. The User acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, Avicenna Research may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. Avicenna Research reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that Avicenna Research has no obligation to monitor or review any content submitted to the Services.

8. Use of Researcher's Institution Logo

8.1. Researcher hereby grants Avicenna Research the non-exclusive right and license to use and display the Researcher’s institution name, logo and similar indicia ("Researcher Marks") (a) to the extent any customization or implementation of the Services involves the incorporation of Researcher Marks in furtherance of the Services and (b) on the Website and marketing collateral identifying the Researcher as a user of Avicenna Research. Avicenna Research obtains no rights in the Researcher Marks except for the limited right described in the preceding sentence, and Researcher's institution retains all right, title and interest in the Researcher Marks. All use of the Researcher Marks by Avicenna Research will inure to the Researcher.

9. Links to Third Parties

9.1. Avicenna Research may, when applicable, publish links in its Services to internet websites maintained by third parties. Avicenna Research assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that Avicenna Research supports, promotes, guarantees or recommends the linked websites or platforms.

9.2. Likewise, any third party who wishes to link its website to the Website must obtain the express written consent of Avicenna Research. In any case, Avicenna Research does not assume any liability derived from the connection to or the contents of third parties’ hyperlinked websites to the Website.

10. Disclaimer of Warranties

10.1. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Avicenna Research AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND ALL OWNERS OF THE CONTENT (COLLECTIVELY, THE "Avicenna Research PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE Avicenna Research PARTIES DO NOT WARRANT THAT USE OF THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE CONTENT WILL BE CORRECTED, THAT THE SERVICE OR CONTENT OR THE SERVERS THAT MAKE THE SERVICE AND THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OF THE SERVICE OR THE CONTENT ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.

10.2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE Avicenna Research PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR TRANSFER ANY CONTENT OR PERSONALIZATION SETTINGS.

11. Limitation of Liability

11.1. YOU UNDERSTAND AND AGREE THAT THE Avicenna Research PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A Avicenna Research PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE CONTENT.

12. Suspension of Access

12.1. Please report problems and policy violations to us by using Contact Us page. We reserve the right, but have no obligation, to remove any Content from the Service at any time in our discretion.

12.2. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and Avicenna Research Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).

13. Indemnity

13.1. You agree to indemnify and hold the Avicenna Research Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.

14. Applicable Law and Jurisdiction

14.1. The access to and use of the Services shall be governed and construed in accordance with Canadian law.

14.2. Any dispute that may arise from or in connection to Avicenna Research and the Services users shall be settled in the Courts of Toronto, Canada. To this end, the parties expressly renounce their own jurisdiction and submit to the jurisdiction of the Courts of Toronto, Canada.