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ARION
ENES

ARION TERMS OF SERVICE

Last Updated: January 15, 2025
Version: v1.0

1. Acceptance of Terms

By accessing and using the Arion platform ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you must not use the Service.

Annex I – Data Processing Agreement (DPA) is an integral part of this agreement and will be binding from the acceptance of the Terms.

2. Service Description

Arion is an electronic Case Report Form (eCRD) data management platform that allows organizations to:

  • Create and manage clinical studies
  • Collect and analyze clinical data
  • Collaborate among research team members
  • Generate reports and statistical analyses
  • Use artificial intelligence functionalities for data extraction

3. Registration and Account

3.1 Registration Requirements

To use the Service, you must:

  • Authenticate via Google Identity Service
  • Provide truthful and updated information
  • Belong to or create an organization
  • Accept these Terms and the DPA

3.2 Organizational Account

  • Each organization has a responsible administrator
  • Administrators can invite and manage members
  • Users can belong to one organization
  • Organizations are independent entities with their own data

3.3 Account Responsibility

You are responsible for:

  • Maintaining confidentiality of your access
  • All activities performed under your account
  • Immediately notifying any unauthorized use

4. Acceptable Use

4.1 Permitted Uses

The Service must be used only for:

  • Legitimate clinical research
  • Clinical data management in accordance with applicable regulations
  • Professional collaboration among authorized researchers

4.2 Prohibited Uses

Expressly prohibited:

  • Uploading personal data without adequate legal basis
  • Sharing access with unauthorized persons
  • Attempting to access data from other organizations
  • Using the Service for illegal or unethical purposes
  • Reverse engineering or attempting to compromise security
  • Intentionally overloading the Service infrastructure

5. Data Protection

5.1 Roles and Responsibilities

  • Arion acts as Data Processor under GDPR
  • Your organization is the Data Controller of the data you introduce
  • Data processing is governed by the DPA (Annex I)

5.2 Your Obligations as Controller

You guarantee that:

  • You have legal basis to process the data you introduce
  • You have adequately informed data subjects
  • You have obtained necessary consents when applicable
  • You comply with GDPR and applicable Spanish regulations

5.3 Data Subjects' Rights

Data subjects can exercise their rights (access, rectification, deletion, etc.) by contacting your organization as the Data Controller.

6. Intellectual Property

6.1 Arion's Property

The software, design, trademarks, and platform content are the exclusive property of Arion.

6.2 Data Ownership

Clinical data introduced by your organization is and remains your property. Arion will not use it for purposes other than Service provision, unless you expressly authorize it.

6.3 License to Use

Arion grants you a non-exclusive, non-transferable, and revocable license to use the Service according to these Terms.

7. Availability and Maintenance

7.1 Service Availability

We strive to maintain the Service available 24/7, but we do not guarantee:

  • Uninterrupted availability
  • Error-free operation
  • That the Service meets all your specific requirements

7.2 Maintenance

We may perform scheduled maintenance with prior notice when possible. In case of emergency maintenance, we will try to minimize interruptions.

8. Limitation of Liability

8.1 Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranties of any kind, express or implied.

8.2 Limitation of Damages

Arion will not be liable for:

  • Data loss attributable to user actions
  • Indirect, incidental, or consequential damages
  • Loss of profits or business opportunities
  • Improper use of the Service by third parties

In any case, our liability will be limited to the amount paid for the Service in the last 12 months.

9. Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue the Service at any time
  • Update these Terms by notifying you with reasonable advance notice
  • Change prices and service plans (applicable to future periods)

In case of substantial changes to the Terms or DPA, explicit re-acceptance will be required.

10. Cancellation and Termination

10.1 User Cancellation

You can cancel your account at any time. After cancellation:

  • Your access to the Service will be suspended
  • You may request export of your data
  • Data will be retained for the legally required period and then deleted

10.2 Termination by Arion

We may suspend or cancel your account if:

  • You breach these Terms
  • You use the Service fraudulently or illegally
  • You do not pay corresponding amounts (paid plans)
  • Required by competent authorities

10.3 Effects of Termination

After termination:

  • Immediate access will be suspended
  • Arion will delete or return data according to the DPA
  • Confidentiality and limitation of liability clauses will survive

11. Communications

11.1 Notifications

Official communications will be made through:

  • Email to the registered address
  • In-platform notifications
  • Notices on the Arion website

11.2 Contact

For any questions about these Terms:

  • Email: [PENDING CONFIGURATION]
  • Postal address: [PENDING CONFIGURATION]

12. Applicable Law and Jurisdiction

These Terms are governed by Spanish law.

For any dispute arising from these Terms, parties submit to the Courts and Tribunals of [CITY, SPAIN], except where mandatory legal provisions apply otherwise.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the DPA and Privacy Policy, constitute the complete agreement between you and Arion.

13.2 Severability

If any provision of these Terms is declared invalid, the rest will continue in force.

13.3 Waiver

Failure to enforce any right under these Terms does not constitute a waiver thereof.

13.4 Assignment

You may not assign these Terms without our prior written consent. Arion may freely assign these Terms.

By using the Service, you confirm that you have read, understood, and accepted these Terms of Service, as well as the Data Processing Agreement (DPA) and Privacy Policy.