Terms of Service
These Terms of Service ("Terms") govern your access to and use of SurveySTATA (the "Platform"), operated by [YOUR COMPANY NAME] ("Provider", "we", "us").
By creating an account or using the Platform, you ("Client", "you") agree to these Terms. If you do not agree, do not use the Platform.
1. Service Description
The Platform is a web-based survey tool for collecting, storing, and exporting structured study data. It is designed for use by healthcare professionals (HCPs) acting in a professional capacity — not patients or study subjects.
The Platform provides a self-service survey builder that allows Clients to create, configure, and deploy surveys independently. The Provider may also assist with survey design and configuration as part of a separate onboarding or managed setup engagement.
HCP-only use. The Platform is designed so that study subjects (patients, research participants) never interact with it directly. Clients agree not to share access credentials, survey links, or any entry point to the Platform with study subjects.
2. Account and Access
- You are responsible for maintaining the confidentiality of your account credentials.
- You must notify us immediately at [EMAIL] if you become aware of any unauthorised access to your account.
- You are responsible for all activities that occur under your account.
- Accounts may only be used by named, identified individuals; shared or automated accounts are not permitted without prior written consent.
- All platform users must be healthcare professionals or authorised study personnel acting in a professional capacity.
3. Acceptable Use
You agree not to:
- Use the Platform for any purpose other than survey-based study and post-market data collection by authorised HCPs.
- Provide direct access to the Platform to patients, research participants, or other data subjects who are not acting in a healthcare professional capacity.
- Enter direct patient identifiers (names, dates of birth, national identification numbers, contact details, medical record numbers, or similar) into any Platform field. Subject codes must be pseudonymous.
- Attempt to circumvent any security measure, rate limit, or access control.
- Upload or transmit malicious code, scripts, or content that could harm the Platform or other users.
- Use the Platform in any way that violates applicable regulations including GDPR.
4. Data Ownership and Processing
- You retain ownership of all survey response data collected through the Platform.
- We process personal data on your behalf as a data processor under a Data Processing Agreement (Art. 28 GDPR). You are the data controller for all personal data collected via surveys you operate.
- You are responsible for ensuring that HCPs using the Platform have the appropriate authorisation to enter study data, and that study subjects have been appropriately informed of the data processing.
- You are responsible for ensuring that subject codes used in the Platform are genuinely pseudonymous and do not constitute directly identifying information.
- You agree not to instruct the Platform to collect, process, or store direct patient identifiers of any kind.
5. Service Availability and Support
- We will use commercially reasonable efforts to keep the Platform available. We do not warrant uninterrupted or error-free service.
- Planned maintenance will be communicated by email with reasonable advance notice where possible.
- Support is provided by email at [EMAIL] on a best-efforts basis.
6. Fees and Payment
Fees are agreed per engagement as set out in the applicable Order Form or Statement of Work. Fees are due within 30 days of invoice. We reserve the right to suspend access for non-payment after reasonable written notice.
7. Confidentiality
Each party agrees to keep the other party's confidential information (including survey schemas, client data, business information, and technical details) confidential and not to disclose it to third parties without prior written consent, except as required by law or regulation.
8. Intellectual Property
- The Platform software, design, and infrastructure remain the exclusive property of the Provider.
- Survey schemas created by the Client within the Platform remain the Client's intellectual property.
- Survey response data collected via the Platform remains the Client's property.
9. Warranties and Disclaimers
The Provider warrants that the Platform will be provided with reasonable skill and care. To the extent permitted by law, the Platform is provided "as is" without warranty of fitness for any particular regulatory purpose. The Client is responsible for ensuring that their use of the Platform meets their own regulatory obligations under applicable frameworks and GCP guidelines.
The electronic attestation feature (referred to as "signature" in the interface) records the HCP's self-reported name, professional role, and a SHA-256 checksum of submitted answers at the time of signing. This constitutes an attestation record only and does not constitute a legally qualified electronic signature under EU Regulation 910/2014 (eIDAS). If a qualified electronic signature is required, the Client must implement additional identity verification measures.
10. Limitation of Liability
To the extent permitted by applicable law:
- Neither party shall be liable for indirect, incidental, consequential, or punitive damages.
- The Provider's total aggregate liability to the Client under these Terms shall not exceed the fees paid by the Client in the twelve (12) months preceding the claim.
- The Provider is not liable for regulatory non-compliance arising from the Client's failure to validate the Platform for their specific regulated use case, or from misuse of the Platform.
11. Term and Termination
- These Terms remain in force for the duration of your use of the Platform.
- Either party may terminate by giving 30 days' written notice.
- On termination, we will provide a full data export and delete all data as described in the Data Processing Agreement, within 30 days of the termination date.
- We may suspend or terminate access immediately for material breach, including non-payment, misuse, security incidents caused by the Client, or violation of the HCP-only use requirement.
12. Governing Law and Disputes
These Terms are governed by French law. Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of [YOUR CITY/JURISDICTION], France, unless mandatory consumer or data protection law provides otherwise.
13. Changes to These Terms
We may update these Terms at any time. Material changes will be communicated by email with at least 30 days' notice. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
14. Contact
For questions about these Terms: [EMAIL]