These Terms of Service (the "Terms") govern access to and use of the PEC platform, a software-as-a-service solution that enables pharmaceutical companies to run Patient Support Programs. Please read them carefully: by accepting them, your company enters into a binding agreement with the operator of PEC.
1. Definitions and Acceptance
In these Terms, the following terms have the meanings set out below:
- "Provider" means the operator of the PEC platform.
- "Subscriber" means the pharmaceutical company or other legal entity that registers for the Service and accepts these Terms.
- "Service" means the PEC platform, its modules, updates and related support, as made available by the Provider.
- "Authorized Users" means the employees, contractors and agents of the Subscriber to whom the Subscriber grants access to the Service.
- "Customer Data" means all data, content and documents entered into or uploaded to the Service by or on behalf of the Subscriber, including patient data.
- "Data Processing Agreement" or "DPA" means the agreement concluded between the Provider and the Subscriber governing the processing of personal data.
These Terms apply from the moment the Subscriber accepts them during the onboarding process. The version accepted at that time, together with the applicable order form or offer and the DPA, constitutes the entire agreement between the parties. The person accepting these Terms represents that they are authorized to bind the Subscriber.
2. The Service
PEC provides tools to design and operate Patient Support Programs, including: programs per country, patient journeys, enrollment, electronic consent, activities (calls, visits and tasks), adverse-event reporting with defined response deadlines (SLAs), dispensations, the care network (healthcare facilities, healthcare professionals and service providers), reports and an audit log.
The Service is a management and documentation tool. Accordingly:
- it does not provide medical advice, diagnosis or treatment, and is not a medical device;
- it does not replace the Subscriber's pharmacovigilance system, nor does it relieve the Subscriber of its regulatory obligations, including the reporting of adverse events to the competent authorities within the legal deadlines;
- it does not guarantee any clinical result or patient outcome;
- the Subscriber alone chooses its configuration, programs, workflows, forms and content, and is responsible for their compliance with applicable law.
3. Account Approval
Access to the Service is subject to the Provider's review of the information submitted during onboarding. The Provider may, at its reasonable discretion, approve the account, request additional information or documents, or reject the application. The Provider may also suspend an account where the information provided proves to be inaccurate, where these Terms are breached, or where suspension is necessary to protect the Service, other subscribers or patients. Except in urgent cases, the Provider will inform the Subscriber of the reasons for any suspension.
4. Subscriber Obligations
The Subscriber undertakes to:
- enter patient data only where it has a valid legal basis, including the patient's consent where required, and comply with all laws applicable to its programs;
- keep passwords confidential, enable two-factor authentication for its Authorized Users, and notify the Provider without delay of any suspected unauthorized access;
- manage its Authorized Users and their roles, and promptly revoke any access that is no longer needed;
- keep its account and company information accurate and up to date;
- remain responsible for all actions performed by its Authorized Users.
The Subscriber shall not, and shall ensure that its Authorized Users do not:
- copy, modify, decompile or reverse engineer the Service, except to the extent permitted by law;
- attempt to gain unauthorized access to the Service, probe its vulnerabilities or interfere with its operation;
- carry out load or performance testing without the Provider's prior written consent;
- upload unlawful, harmful or infringing content, or any malicious code;
- share a user account or login credentials between several persons;
- resell or sublicense the Service, or otherwise make it available to third parties.
5. Fees and Payment
Fees for the Service are set out in the applicable order form or offer accepted by the Subscriber. Unless otherwise stated, fees are exclusive of taxes, which are payable by the Subscriber in addition. Invoices are payable within the period stated in the order form or offer. In the event of late payment, the Provider may, after written notice that remains without effect, suspend access to the Service until payment is received, without prejudice to its other rights.
6. Term and Termination
The agreement takes effect upon acceptance of these Terms and continues for the subscription period stated in the order form or offer, and is renewed under the conditions stated therein. Either party may cancel the subscription in accordance with those conditions. Either party may also terminate the agreement by written notice if the other party commits a material breach that is not remedied within thirty (30) days of notification.
After cancellation or termination:
- the Subscriber may export its Customer Data for a period of thirty (30) days;
- at the end of that period, the Provider deletes the Customer Data within the time limit defined in the DPA, except for data that the Provider is required by law to retain;
- provisions which by their nature are intended to survive termination, in particular those relating to liability, intellectual property and confidentiality, remain in force.
7. Availability and Support
The Provider uses reasonable efforts to keep the Service available and secure. Scheduled maintenance is, where possible, performed outside business hours and announced in advance. Emergency maintenance may be carried out without prior notice where required for security or stability reasons. The Provider does not guarantee that the Service will be uninterrupted or error-free. Support is provided through the channels indicated in the Service.
8. Limitation of Liability
To the extent permitted by law:
- the Provider is not liable for interruptions of the Service resulting from maintenance, from events beyond its reasonable control or from the failure of third-party networks;
- the Provider is not liable for errors, omissions or inaccuracies in data entered by Authorized Users, nor for decisions taken on the basis of such data;
- neither party is liable for indirect or consequential damages, including loss of profit, revenue, business opportunity or reputation;
- the total liability of the Provider under the agreement is limited to the fees paid by the Subscriber during the twelve (12) months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, in particular liability for fraud, gross negligence or wilful misconduct.
9. Intellectual Property
The PEC platform, its software, documentation, trademarks and logos, and all related intellectual property rights, belong to the Provider or its licensors. The Subscriber receives a non-exclusive, non-transferable right to use the Service for its internal purposes for the duration of the subscription.
Customer Data belongs to the Subscriber. The Subscriber grants the Provider a limited licence to host, process and display Customer Data solely for the purpose of providing, securing and supporting the Service, in accordance with the DPA.
10. Confidentiality
Each party shall keep confidential all non-public information received from the other party in connection with the agreement, use it solely for the performance of the agreement, and disclose it only to persons who need to know it and who are bound by equivalent obligations of confidentiality. This obligation does not apply to information that is publicly available, that was already lawfully known to the receiving party, or that must be disclosed by law or by order of a competent authority. It continues for five (5) years after the end of the agreement and, in the case of patient data and trade secrets, for as long as the information remains confidential.
11. Data Protection
With respect to patient data and other personal data processed in the Service on behalf of the Subscriber, the Subscriber acts as the controller and the Provider acts as the processor. The obligations of the parties in this respect are set out in the Data Processing Agreement, which forms an integral part of the agreement. The processing by the Provider of personal data relating to Authorized Users and website visitors is described in the Privacy Policy.
12. Changes to the Terms
The Provider may amend these Terms, in particular to reflect changes to the Service or to the law. The Subscriber will be informed of material changes reasonably in advance, by e-mail or through the Service. The new version must be accepted by the Subscriber in order to continue using the Service; if the Subscriber does not accept it, the Subscriber may cancel its subscription before the new version takes effect.
13. Governing Law and Disputes
These Terms are governed by the laws of [governing jurisdiction]. The parties shall first seek to resolve any dispute amicably through good-faith negotiation for a period of thirty (30) days from written notification of the dispute. Failing an amicable settlement, the dispute shall be submitted to the competent courts or to arbitration in accordance with the rules of [governing jurisdiction].
14. Contact
For any question regarding these Terms, please contact the Provider using the contact e-mail address shown at the bottom of this page.