1. Introduction and acceptance
In short: These terms govern your use of Castor’s software. By creating an account, clicking a box during registration indicating that you accept them or accessing our services in any way, you agree to these rules. If you do not agree, you must not use our platforms.
These terms of service (“terms“) constitute a binding legal agreement between you (“you“, “patient“, or “participant“) and the Castor entity applicable to your region or study (“Castor“, “we“, “us“):
- Ciwit B.V., a private company with limited liability incorporated under the laws of the Netherlands, for users participating in studies contracted outside of the United States.
- Castor Research, Inc., a corporation organized under the laws of the United States, for users participating in studies contracted within the United States.
These terms govern your access to and use of Castor’s software platforms, including the Castor Connect mobile application, Castor eConsent, and our web-based participant portals such as Castor EDC (collectively, the “services“), regardless of the device or method used to access them. By creating an account, downloading the app, or accessing the services, you confirm that you have read, understood, and agreed to be bound by these terms, and that you have the legal authority to enter into these terms personally or on behalf of the individual for whom you are acting.
2. Use by minors and authorized representatives
In short: If you are accessing the service for a minor (child) or another person, you are responsible for their use of the platform and their compliance with these rules.
If you are accessing the services on behalf of a minor (a person under the age of majority in their jurisdiction) or an individual for whom you have legal authority, you represent and warrant that you are the parent, legal guardian, or Legally Authorized Representative (LAR) of the participant. You accept full responsibility for the participant’s use of the services, including strict compliance with these terms, and agree to supervise their use to ensure safety. You further acknowledge that Castor will process personal data and health information regarding the participant as described in our [privacy statement], solely for the purpose of the clinical study.
3. Important medical disclaimer
In short: Castor provides software, not medical care. We do not offer medical advice. In an emergency, contact your doctor or emergency services immediately.
NO MEDICAL ADVICE: Castor provides the technical infrastructure (software) to collect data for clinical research. We are not a healthcare provider or medical organization. The services are intended solely for data collection and communication related to clinical trials or medical studies. Nothing within the services constitutes medical advice, diagnosis, or treatment; all content is for informational and research purposes only. The services are not monitored in real-time for medical emergencies. Never use the services to report a life-threatening event or urgent medical issue. In the event of a medical emergency, verify with your local emergency services immediately. Always seek the advice of your study investigator, physician, or other qualified health provider with any questions regarding a medical condition or your participation in the study.
4. Account security and access
In short: You must keep your login credentials secure. You are responsible for all activity that occurs under your account.
To participate in a study, you may be required to register an account using credentials such as an email address, phone number, or a unique participant ID provided by your study team. You are responsible for maintaining the confidentiality of your login credentials (username, password, PIN, or biometric authentication) and must not share your account details with any third party. You are fully responsible and liable for all activities that occur under your account, and Castor is not liable for any loss or damage arising from your failure to comply with these security obligations. You agree to notify Castor or your study team immediately of any unauthorized use of your account or any other known breach of security.
5. Privacy and data protection
In short: We provide the secure “pipe” for your data, but your Study Team owns it. We never sell your health data and we comply with strict global laws like HIPAA and GDPR to keep it safe.
Your privacy is our priority. We process two types of data to provide the services: Account Data (technical information needed to run the app securely) and Study Data (the health and medical answers you submit). Castor does not own your health data or make independent decisions regarding its use or disposition. We process it securely on behalf of your Study Team, who retains ownership and control over how it is used for the clinical trial.
We maintain a comprehensive privacy and security program designed to comply with global standards. If you are in the United States, your data is safeguarded in accordance with HIPAA standards for Protected Health Information (PHI). If you are in Europe or the UK, we comply with the GDPR to protect your personal data. We will never sell, rent, or trade your identifiable health information to third parties for marketing purposes. By using the services, you consent to the processing of your data as described in our Patient Privacy Statement.
6. Acceptable use and restrictions
In short: You must use the services lawfully and properly. Do not attempt to compromise the security or integrity of the platform.
You agree to use the services only for lawful purposes related to your participation in the study. You explicitly agree not to:
- Introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful to the services.
- Attempt to gain unauthorized access to the services, the server on which the services are stored, or any server, computer, or database connected to the services.
- Decompile, reverse engineer, disassemble, or attempt to derive the source code of the app or services, except as explicitly permitted by applicable law.
- Use any robot, spider, scraper, or other automated means to access the services for any purpose without our express written permission.
- Copy, modify, or create derivative works based on the services or Castor’s intellectual property.
7. Device requirements and connectivity
In short: You are responsible for obtaining the necessary device and internet connection to use the services. Standard data rates may apply.
You are responsible for obtaining and maintaining all devices, hardware, and software (such as a compatible smartphone, tablet, or web browser) required to access and use the services. You are solely responsible for all telecommunications and internet charges, including data and messaging fees, that may apply when you use the services. Additionally, we may update the application or services to improve performance, enhance functionality, or address security issues; you agree to install applicable updates promptly to ensure the continued security and functionality of the services.
8. Intellectual property and feedback
In short: Castor owns the software platform. The study sponsor retains ownership of the data you submit.
The services, including but not limited to the app, software code, visual interfaces, interactive features, graphics, design, and all other elements, are owned by Castor and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the services solely for your personal participation in the clinical study. We do not claim ownership of the data you enter into the services; ownership of study data is governed by the agreement between you and the study team. If you provide input, suggestions, or feedback regarding the services, you grant Castor an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose.
9. Third-party services
In short: The services may link to external websites. Castor is not responsible for the content or practices of third-party sites.
The services may contain links to third-party websites, services, or resources (such as educational videos or hospital portals) that are not owned or controlled by Castor. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Accessing such third-party services is at your own risk.
10. Availability and disclaimers
In short: We strive for high availability but cannot guarantee uninterrupted service. The services are provided “as is”.
We use commercially reasonable efforts to ensure the services are available. However, we do not guarantee that the services will be uninterrupted, error-free, or free of harmful components. We may temporarily suspend access for maintenance, updates, or operational reasons. To the fullest extent permitted by law, the services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
11. Limitation of liability
In short: Castor provides this app to you free of charge. We cannot accept unlimited financial liability if something goes wrong, like a technical glitch. However, we do not hide from liability if we act fraudulently or cause physical injury due to negligence.
Because the services are provided to you free of charge for research purposes, Castor limits its financial liability to you. To the extent permitted by applicable law, Castor (including our affiliates, directors, and employees) will not be responsible for any indirect, special, or consequential damages (such as loss of profit or business); any loss of data, loss of use, or damage to your device or equipment resulting from your access to or use of the services; or the conduct or content of any third party on the services, including the study team.
Castor is a software provider, not a medical provider. We explicitly disclaim any liability for medical outcomes, diagnoses, or treatment decisions made by your study team based on data collected via the services, or for failure of the services to alert you or your study team to urgent medical conditions. Unless the consumer laws of your country prohibit such a limitation, Castor’s total liability to you for all claims arising out of these terms or your use of the services is limited to fifty U.S. dollars ($50.00) or the equivalent amount in your local currency. Nothing in these terms excludes or limits our liability for any other liability that cannot be excluded or limited by mandatory consumer laws in your jurisdiction.
12. Your responsibility for damage
In short: If you misuse the services or break the law, and that causes us financial loss or legal trouble, you are responsible for those costs.
You agree to compensate Castor for any claims, damages, losses, or legal fees that result from your breach of these terms (for example, if you hack the service or share your account details), your wrongful or illegal use of the services, or your violation of any third-party right, including privacy or intellectual property rights.
13. Termination
In short: We may suspend your access if you violate these rules. You may stop using the services at any time.
Castor or your study team may suspend or terminate your access to the services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms. You may stop using the services at any time by deleting the app or contacting your study team to withdraw from the study. All provisions of the terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. General provisions
In short: The laws governing these terms depend on which Castor entity will provide services to you. We may update these terms occasionally.
If the services are provided by Ciwit B.V., these terms shall be governed by and construed in accordance with the laws of the Netherlands, and any disputes shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands. If the services are provided Castor Research, Inc., these terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, and any disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey, United States. When in doubt about which Castor entity provides the services to you, please reach out to the study team or study sponsor for more information.
Regardless of the governing law above, if you are a consumer, you may benefit from mandatory provisions of the law of the country in which you are resident; nothing in these terms affects your rights to rely on such mandatory provisions of local law. If any provision of these terms is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. We reserve the right to modify or replace these terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of the services after such changes constitutes your acceptance of the new terms.
Contact us
If you have questions about these terms, please contact us at:
Ciwit B.V. (Castor HQ) Fred. Roeskestraat 115, 1076 EE, Amsterdam, the Netherlands. Email: [email protected].