Last updated November 2, 2023

AGREEMENT TO TERMS OF SERVICES
This Agreement to terms of services (“Agreement”) is entered into by and between you (“User”) and Dynamed Clinical Research, LP, a Texas-based company with its registered address at 7908 N. Sam Houston Parkway, Suite 200, Houston, TX 77064, (“Company” or “we”). This Agreement governs your use of the DM Nexus mobile application (“App”) and any related services provided by Dynamed Clinical Research, LP (“Services”). By accessing and using the App, you agree to be bound by the following terms and conditions:

ACCEPTANCE OF TERMS
BY CLICKING THE “I AGREE” BUTTON, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

APPLICATION USE

License:  Company grants you a limited, revocable, nonexclusive and non-transferable license to use this application solely for your own personal use. You hereby agree that the license for the use of App shall only be used in accordance with the terms and conditions of this Agreement.

Restriction: This license does not grant you any right to  republish, distribute, assign, sublicense, sell, prepare derivative works, or engage in any other unauthorized use. You agree not to copy materials on the App, reverse engineer or break into the App, or use materials, products, or services in violation of any law.

Termination: The use of the App is at the discretion of Dynamed Clinical Research, LP, and Dynamed Clinical Research, LP, may terminate your use of this application at any time.

Biometric Identification: Client opting for the Facial Identification Feature in Application, grants consent for their device to conduct a facial scan, storing biometric ID data locally. By selecting this feature, Client expressly approves associated storage, collection, use, disclosure, and destruction /retention policies, benefiting both the App and Application Owner. Abstaining from utilizing this feature or subjecting themselves to its designated terms of use are advised against selecting it within the App. The selection and utilization of the Facial Identification Feature signify acknowledgment and unequivocal acceptance of these stipulations.

Security of Sign-In Information: The Client’s credentials for signing in via social accounts are collected to establish the User’s identity, ensuring secure access to the App. These credentials are neither stored nor utilized for any other purpose.

Privacy: Your use of the App is also governed by our Privacy Policy which can be reviewed at https://www.dmclinicalresearch.com/app-privacy-policy/

In addition, when using the App, you shall be subject to any posted policies, guidelines or rules applicable to use of the Application and any service provided by the Application.

User’s personal information may be used to verify prospective eligibility for specific clinical trials, communicate with Client about study-related aspects, and provide Client with updates on trial progress. Application notifications are meant to enrich the User at any time. User(s) may opt in or opt out to receive the notifications.

INTELLECTUAL PROPERTY

Ownership: Company owns and retains all proprietary rights to the DM Nexus service, its trademarks and copyrights exclusively.

Restriction: Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of DM Nexus and Application Owner. By posting information to DM Nexus and Application Owner you represent that you have the right to grant permission for use by DM Nexus and Application Owner.

UPDATES AND MAINTENANCE
 Company may, and at its sole discretion, from time to time provide enhancements or improvements to the features/functionality of the App, which may include patches, bug fixes, updates, upgrades, and other modifications

DISCLAIMER OF WARRANTIES
 THE USE OF THE APP AND ANY OF THE SERVICES IS AT YOUR SOLE RISK. THE LICENSE FOR THE USE OF THE APP AND APPLICATION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE OR FITNESS FOR ANY PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY THAT (1) THE APP/SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE APP/SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE APP/SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF APP/SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE APP UTILIZED BY THE SERVICES WILL BE CORRECTED.

LIMITATION OF LIABILITY & INDEMNIFICATION
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, BY USING THIS APP, YOU AGREE THAT IN NO EVENT WILL DM NEXUS, THE APPLICATION OWNER, ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO THE APP AND/OR THE USE OF APP/SERVICES.

SEVERABILITY
If any provision is found to be invalid, the remaining provisions will be in full force and effect.

CERTIFICATION
 YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PROVIDED BY THIS APPLICATION. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS APPLICATION FOR ANY PURPOSE.

RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement, or your use of the Application shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

WAIVER
 The failure of the Application or Application Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Application or Application Owner must be in writing and signed by an authorized representative of the Application Owner.

MODIFICATION, SUSPENSION OR TERMINATION OF THE APPLICATION
 DM Nexus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the application or any service provided by the application (or any part thereof) with or without notice. You agree that DM Nexus will not be liable to you or any third party for any modification, suspension or discontinuance of the application or any service.

MODIFICATIONS IN APPLICATION
We reserve the right to modify these terms at any time without notice. Your continued use of the App after such modifications constitutes acceptance of the updated terms.

ENTIRE AGREEMENT
This Agreement constitutes your entire Agreement with DM Nexus and Application Owner with respect to any services.

You understand and agree that acceptance of the Terms of Conditions of Use in the Application is the electronic equivalent of a written signature on this document.

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE ABOVE TERMS & CONDITIONS.

In case of any query, feel free to reach out at info@dmclinical.com