Legal
Terms of Service
Effective date: May 22, 2026
1. Acceptance of Terms
By accessing or using Orbitrials Clinical Solutions (“Orbitrials,” “the Platform,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you are using Orbitrials on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
If you do not agree to these Terms, you must not access or use the Platform.
2. Description of Service
Orbitrials is a cloud-based clinical trial management platform designed to assist sponsors, clinical research sites, and their personnel in managing clinical research operations, including protocol management, participant enrollment, electronic data capture (eCRF), delegation logs, adverse event reporting, and regulatory compliance documentation.
Orbitrials is designed to support compliance with 21 CFR Part 11 (Electronic Records; Electronic Signatures), HIPAA Security Rule (45 CFR Part 164), and Good Clinical Practice (GCP) guidelines. However, you remain solely responsible for ensuring your use of the Platform meets all applicable regulatory requirements for your specific context.
3. Account Registration and Security
You must provide accurate, complete, and current information when registering for an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Multi-factor authentication (MFA) is required for all Principal Investigator, Sponsor Admin, and System Administrator accounts. You must not share your credentials with any other person. Shared logins are strictly prohibited and constitute a violation of 21 CFR Part 11 requirements.
You must notify us immediately at security@orbitrials.com if you suspect any unauthorized access to your account.
4. Authorized Use
You agree to use Orbitrials only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Platform in any way that violates applicable federal, state, or local law
- Enter false, misleading, or fraudulent data into the Platform
- Attempt to circumvent any audit trail, electronic signature, or access control mechanism
- Access, tamper with, or use non-public areas of the Platform or its infrastructure
- Reverse engineer, decompile, or disassemble any portion of the Platform
- Use the Platform to store or transmit malicious code
- Impersonate or misrepresent your affiliation with any person or organization
5. Protected Health Information (PHI) and HIPAA
Orbitrials may process Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA). By using the Platform to process PHI, you confirm that a valid Business Associate Agreement (BAA) has been executed between your organization and Orbitrials Clinical Solutions.
You are responsible for ensuring that all PHI entered into the Platform is handled in accordance with HIPAA requirements, your organization's privacy policies, and applicable IRB protocols. You must obtain valid informed consent from research participants before entering their data.
6. Subscription and Billing
Orbitrials offers subscription plans (Starter, Professional, Enterprise) billed monthly or annually. All fees are non-refundable except as required by law or as expressly stated herein.
Trial accounts are provided at no charge for a limited period. At the end of the trial, you must subscribe to a paid plan to continue using the Platform.
We reserve the right to change pricing upon 30 days' written notice. Continued use after the notice period constitutes acceptance of the new pricing.
We may suspend or terminate your account for non-payment. If your subscription lapses, your data will be retained for 90 days before permanent deletion.
7. Data Ownership and Portability
You retain full ownership of all data you input into the Platform, including clinical trial data, participant records, and organizational information. We claim no ownership of your data.
Upon request and within 30 days of account termination, we will provide an export of your data in a standard machine-readable format (CSV, JSON, or CDISC ODM XML).
8. Regulatory Compliance Disclaimer
Orbitrials provides tools designed to assist with regulatory compliance but does not guarantee regulatory approval or compliance outcomes. You are solely responsible for:
- Validating the Platform for your specific intended use (IQ/OQ/PQ)
- Maintaining your own validation documentation
- Ensuring your use complies with all applicable regulations (FDA, ICH, local law)
- Training your personnel on proper use of the Platform
- Any regulatory submissions or interactions with health authorities
9. Intellectual Property
The Platform and its original content, features, and functionality are owned by Orbitrials Clinical Solutions and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for your internal business purposes.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORBITRIALS CLINICAL SOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless Orbitrials Clinical Solutions and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses arising out of your use of the Platform, your violation of these Terms, or your violation of any applicable law or regulation.
12. Termination
Either party may terminate these Terms at any time. We may suspend or terminate your access immediately for violation of these Terms, non-payment, or if required by law.
Upon termination, your right to use the Platform ceases immediately. Sections 5, 7, 9, 10, 11, and 13 survive termination.
13. Governing Law and Disputes
These Terms are governed by the laws of the United States and the State of Florida, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes by email or in-app notification. Your continued use after the effective date constitutes acceptance of the revised Terms.
15. Contact
For questions about these Terms, contact us at:
Orbitrials Clinical Solutions
legal@orbitrials.com