1.1. These general terms and conditions (the `Terms`) apply to all services delivered by Trialtree ApS, Tagensvej 16a, DK-2200 Copenhagen, CVR no. 42285005 (“Trialtree”) to you or your research department (the `Customer`) via www.trialtree.io (the “Website”).
2.1. Subject to the Customer agreeing to these Terms, the Customer may use the Website to create one or more research projects and to receive request from test subjects for such research projects (the 'Service'). By placing and order for the Service or otherwise using the Website, the Customer unconditionally acknowledges and accepts these Terms as applicable from time to time.
2.2. No order placed on the Website or otherwise shall be binding upon Trialtree unless the Customer has received a written order confirmation from Trialtree.
2.3. Certain bespoke or complex orders may not receive a price calculation from the calculator on the Website. The Customer will instead receive a price quote from Trialtree directly, which shall be regarded as an invitation to submit an offer.
3.1. The Customer’s account on the Website is subject to password protection. The Customer undertakes to diligently safeguard its account from any unauthorized access including but not limited to keeping the password confidential. The Customer explicitly recognizes that Trialtree shall not be liable for any unauthorized access to the Customer’s account on the Website unless such access is directly attributable to gross negligent acts or omissions of Trialtree.
3.2. Trialtree may, in its discretion, condition the use of Service upon the Customer providing customer verification documentation acceptable to Trialtree.
3.3. Each research project requires the Customer to provide information on the relevant research department and the project identification number (as applicable). Projects or studies requiring approval from any public authority or agency under relevant law or regulation may not be created on the Website prior to such approval being obtained. Trailtree reserves the right, without refund, to reject or cancel any research project where the Customer is unable to produce a written approval from a competent authority or evidence that such approval is not required. The Customer shall indemnify and hold Trialtree harmless from any loss or liability resulting from an approval not being obtained.
3.4. Upon submitting the creation of a research project on the Website, the research project will be made available for all users/registered test subjects on the Website. The Customer is solely responsible and liable for the legality and accuracy of the information provided with respect to the research project, including that the research project contains sufficient information for users/test subjects to assess whether the project is of interest and that it does not appear offensive or encourage illegal activities. Trialtree reserves the right to remove research projects (or project descriptions) that violate applicable laws and regulations or the consideration of users/test subjects. Trialtree accepts no responsibility for displaying research projects that violate any law, and the Customer shall indemnify and hold Trialtree harmless from any loss or liability resulting from any non-compliance of the Customer’s research project(s) with relevant law and regulation.
3.5. The research project will automatically be removed from the Website upon expiry of the recruitment period or no later than 24 months after publication unless (i) the Customer deletes it earlier or (ii) the Customer requests an extension.
4.1. All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights, related to the Service, the Website, and any materials provided by Trialtree, remain exclusively with Trialtree or its licensors. No transfer or assignment of any intellectual property rights to the Customer shall occur as part of the relationship governed by these Terms.
4.2. The Customer retains ownership of any intellectual property rights related to the content, data, or materials provided by the Customer for use within the Service (e.g., research project descriptions, logos, images). By submitting such content, the Customer grants Trialtree a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content solely for the purposes of providing the Service and fulfilling our obligations under these Terms.
4.3. Except as expressly provided in this clause 4, no intellectual property rights of either party are transferred, licensed, or otherwise assigned to the other party as a result of entering into the agreement governed by these Terms or using the Service.
5.1. The price for our service is dependent on the given research project and is provided by our price calculator on the Website, in connection with the Customer's placement of an order, cf. however clause 2.3. Prices are stated in Danish kroner (DKK) excluding VAT.
5.2. The Customer will be invoiced upon delivery of the Service, unless otherwise is specifically agreed. Also, unless otherwise specifically agreed the Customer will receive the invoice via EAN number. Invoices are due 30 days from the invoice date.
5.3. Overdue invoices and amounts are subject and interest p.a. of the applicable lending rate of the Danish National Bank from time to time plus 8% (2024 level) as set out in the Danish Act on Interests (in Danish: Renteloven).
6.1. Trialtree shall be liable in accordance with the general Danish rules on liability.
6.2. Notwithstanding clause 6.1, If Trialtree becomes liable for damages suffered by the Customer, Trialtree shall only be held liable for direct losses suffered by the Customer including, without limitation, lost profits, goodwill, image, loss of data etc. Further, the maximum liability of Trialtree shall in no event exceed the amount paid to Trialtree by the Customer in the previous 12-month period.
6.3. Trialtree shall in no event be liable for any loss suffered by a user/test subject in connection with such user/test subject’s participation in a research project created by the Customer. The Customer shall indemnify and hold Trialtree harmless from any loss or liability resulting from a user/test subject’s participation in a research project created by the Customer.
7.1. The Customer becomes the independent data controller for the personal data collected/received from test subjects and is obliged to comply with relevant data protection regulations, including fulfilling the duty to inform the test subjects.
7.2. When the Customer creates an account, the Customer must provide personal information of the physical person who will act as the contact person. Trialtree is in this respect the independent data controller of such personal data which is kept and treated in accordance with Trialtree’s privacy policy. The Customer is obligated to ensure that the physical person registered as contact person is informed of the registration.
8.1. Trialtree may terminate the relationship with the Customer for convenience by providing 1 month written notice to the end of a calendar month.
8.2. Notwithstanding clause 8.1, in the event of a material breach of the Terms by the Customer, Trialtree shall be entitled to terminate the relationship with the Customer with immediate effect unless such material breach can be remedied within 5 days after the Customer has been notified hereof. For the avoidance of doubt, non-performance of payment obligations, use of the Website contrary to the intended use shall always constitute a material breach.
9.1. If any provision of these Terms or the agreement of which they are an integral part is deemed entirely or partly invalid or unenforceable, then this shall not affect the general validity or enforceability of the other provisions or the Terms or the agreement with the Customer in its entirety. The invalid or unenforceable provision is deemed to be replaced by such valid and enforceable provision that reflects to the closest extent possible the intention that the parties hereto had pursued with the invalid or unenforceable provision.
9.2. Trialtree reserves the right to transfer, fully or partially, rights and obligations relating to the Terms to a third party.
9.3. Any amendments to the Terms must be made in writing to be effective. Trialtree may amend the Terms from time to time always provided that the Customer is given notice of the amendment at least 1 month prior to the amendment taking effect.
10.1. The Terms shall be governed by the laws of the Kingdom of Denmark excluding (CISG). Any dispute arising out of or in connection with the Terms, which cannot be amicably settled between the parties shall exclusively be brought before the Danish courts.
@ 2025, Trialtree
