Terms of Use.

1. Acceptance of these Terms

By accessing TrialNotice.com, submitting a form, communicating with us, requesting services, approving a proposal, paying an invoice, using our deliverables, or otherwise using TrialNotice services, you agree to these Terms of Use.

If you use the website or services on behalf of an organization, you represent that you have authority to bind that organization. “You” and “Client” refer to both you and that organization.

If a signed agreement, proposal, statement of work, order form, data processing agreement, business associate agreement, or other written contract between you and TrialNotice conflicts with these Terms, the signed written agreement controls only for the conflicting subject matter.

2. TrialNotice services

TrialNotice provides physician referral outreach and clinical trial recruitment support. Services may include physician discovery, NPI or taxonomy matching, geographic mapping, data enrichment, list building, direct mail, QR tracking, email follow-up, LinkedIn follow-up, SDR or call workflows, social follow-up, copywriting, landing pages, CRM access, notifications, calendar integration, CTMS or CRM routing, reporting, consulting, automation, and related services.

Services may be provided using our own infrastructure, client-approved infrastructure, third-party platforms, client systems, or a combination of these. The exact scope, pricing, timing, and deliverables are determined by the applicable proposal, invoice, statement of work, or written agreement.

TrialNotice is not a healthcare provider, investigator, sponsor, CRO, IRB, ethics committee, CTMS provider, EHR provider, law firm, compliance advisor, or medical decision-maker.

3. Client responsibility

You are solely responsible for your organization, study, protocol, clinical claims, recruitment strategy, regulatory obligations, approvals, data, systems, contacts, lists, instructions, and decisions. This includes responsibility for:

• Determining whether a study, campaign, message, audience, list, channel, or workflow is legally permitted.
• Obtaining and maintaining all required approvals, authorizations, consents, permissions, IRB approvals, sponsor approvals, ethics approvals, institutional approvals, and regulatory approvals.
• Reviewing and approving all outreach materials, study descriptions, eligibility criteria, disclaimers, letters, landing pages, forms, emails, messages, scripts, ads, or communications before use.
• Ensuring all study information, patient profile language, eligibility language, claims, addresses, contacts, and instructions are accurate, current, authorized, and not misleading.
• Ensuring your use of the services complies with applicable laws, regulations, rules, guidance, contracts, platform terms, professional rules, privacy obligations, clinical research obligations, and institutional policies.
• Honoring opt-outs, suppression requests, do-not-contact obligations, unsubscribe requests, consent requirements, and communications preferences.
• Managing your internal team, coordinators, sales staff, recruiters, study staff, vendors, systems, and follow-up responsibilities.

TrialNotice may rely on information, approvals, data, instructions, and materials provided by you. We are not responsible for errors, omissions, delays, noncompliance, claims, or losses caused by inaccurate, incomplete, unauthorized, outdated, or unlawful information provided by you or your representatives.

4. Legal, regulatory, and platform compliance

You are responsible for legal and regulatory compliance connected to your study, outreach, recruitment, and business activities. Depending on your activities, this may include laws, regulations, guidance, contractual obligations, platform rules, and industry requirements relating to:

• Clinical trial recruitment, research advertising, IRB review, ethics approval, study protocol requirements, sponsor requirements, FDA, HHS, NIH, OHRP, and other clinical research rules.
• Privacy, data protection, HIPAA, state health privacy laws, CCPA/CPRA, GDPR, ePrivacy, data processing, data retention, data transfer, and security obligations.
• Email, CAN-SPAM, anti-spam laws, unsubscribe requirements, suppression lists, sender identification, subject lines, opt-out handling, and commercial messaging rules.
• Telephone, SMS, TCPA, consent, autodialing, artificial/prerecorded voice, text messaging, calling, call recording, do-not-call, and A2P or carrier registration requirements.
• Direct mail, postal rules, marketing disclosures, professional solicitation rules, and healthcare or physician marketing restrictions.
• LinkedIn, Meta, Google, email providers, CRM providers, data providers, enrichment tools, hosting providers, CTMS providers, payment processors, and other third-party platform terms.

5. No guarantee of results

TrialNotice does not guarantee leads, referrals, physician responses, patient inquiries, patient enrollment, qualified candidates, screening volume, show rates, conversions, revenue, profit, return on investment, deliverability, inbox placement, mail delivery timing, QR scan volume, click volume, reply volume, study performance, or any specific business, clinical, recruitment, financial, or operational outcome.

Results depend on many factors outside our control, including the study, condition, patient profile, site reputation, geography, market demand, physician interest, sponsor materials, IRB-approved language, list quality, contact availability, practice behavior, email provider filtering, postal handling, platform rules, compliance restrictions, client follow-up, competition, and general market conditions.

Any examples, projections, forecasts, benchmarks, case studies, estimates, or strategy discussions are illustrative only and do not create a promise, warranty, or guarantee.

6. Third-party platforms, vendors, and infrastructure

TrialNotice may use third-party platforms and vendors for hosting, forms, CRM, email, direct mail, tracking, QR codes, automation, data enrichment, scheduling, analytics, calls, SMS, payment processing, reporting, and other services. You understand that third-party platforms may change their pricing, rules, features, APIs, limits, deliverability, availability, terms, approval standards, or enforcement practices at any time.

We are not responsible for downtime, outages, rejections, suspensions, account closures, API changes, policy changes, deliverability issues, moderation decisions, A2P or carrier decisions, platform compliance decisions, data provider inaccuracies, postal delays, or other actions or failures by third parties.

Where services require third-party accounts, domains, mailboxes, numbers, servers, software, data, APIs, postage, print, or platform usage, you are responsible for all third-party costs unless a written agreement expressly says otherwise. Even where TrialNotice manages or includes certain operational costs in a plan, third-party decisions remain outside our control.

7. Data, lists, systems, and access

You represent that you have the right to provide or authorize the use of any data, lists, contacts, study information, content, systems, credentials, accounts, and materials you provide to us. You are responsible for the legality, accuracy, quality, permissions, and use restrictions for any client-provided data.

You must not provide protected health information, patient medical records, identifiable patient health information, sensitive patient data, or regulated research data unless TrialNotice expressly agrees in writing and any required agreements are in place.

If you grant access to your CRM, CTMS, email, domain, hosting, cloud, analytics, calendar, social, LinkedIn, advertising, call, SMS, payment, or other accounts, you authorize us to use that access for the services. You are responsible for maintaining proper permissions, security controls, backups, internal approvals, and access revocation when needed.

We may create or use suppression lists, outreach logs, engagement records, reports, campaign assets, templates, and operational data to provide and improve services, document work performed, maintain compliance records, resolve disputes, and protect service integrity.

8. Content, approvals, and intellectual property

Unless otherwise agreed in writing, TrialNotice owns its pre-existing materials, templates, frameworks, code, processes, systems, prompts, methods, know-how, workflows, and internal tools. You receive only the rights expressly granted in a written agreement or as reasonably necessary to use final deliverables for your own approved business purpose.

You are responsible for reviewing and approving all materials before use. If you approve or instruct us to use any content, claim, list, workflow, offer, study description, eligibility statement, or communication, you are responsible for that approval and the consequences of using it.

You represent that client-provided materials do not infringe, misappropriate, violate rights, violate law, breach contracts, or contain unlawful, misleading, unauthorized, or harmful content.

9. Fees, payment, renewals, and refunds

Fees, payment schedules, included services, renewal terms, and third-party costs are described in the applicable proposal, invoice, statement of work, order form, subscription, or written agreement.

Unless a written agreement says otherwise, fees are due as invoiced, setup fees and monthly retainers are non-refundable, and failure to pay may result in suspension, delay, or termination of services. Client remains responsible for approved third-party costs, platform costs, data costs, postage, print, mail, domains, mailboxes, phone numbers, API usage, software, and other pass-through or external costs.

Renewal terms, minimum commitments, cancellation windows, and notice requirements are governed by the applicable agreement. If no specific cancellation term is stated, you must provide written notice and pay all amounts due for work already performed, committed, scheduled, ordered, or incurred.

10. Confidentiality

Each party may receive non-public business, technical, financial, clinical, operational, strategy, pricing, study, data, or system information from the other party. The receiving party must use reasonable care to protect confidential information and use it only for the purpose of the relationship, except as permitted by law, required by legal process, already known, independently developed, publicly available, or authorized in writing.

11. Prohibited uses

You may not use the website or services to violate law, infringe rights, mislead recipients, send unlawful messages, bypass consent requirements, hide identity, scrape unlawfully, upload malware, interfere with systems, misuse data, impersonate others, make unauthorized medical claims, target individuals unlawfully, or conduct activities that expose TrialNotice or others to unacceptable legal, security, reputational, or operational risk.

We may refuse, suspend, or terminate services if we believe a request, campaign, client, study, list, message, workflow, or use case is unlawful, risky, misleading, noncompliant, reputationally harmful, abusive, or inconsistent with our policies or business judgment.

12. Disclaimers

The website and services are provided “as is” and “as available.” To the maximum extent permitted by law, TrialNotice disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, deliverability, performance, and results.

We do not warrant that the website, services, third-party platforms, email systems, direct mail, tracking, QR codes, data, automations, integrations, or reports will be uninterrupted, error-free, secure, accurate, complete, or meet your expectations.

13. Limitation of liability

To the maximum extent permitted by law, TrialNotice will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, lost profits, lost revenue, lost savings, lost data, lost goodwill, business interruption, recruitment failure, enrollment failure, platform suspension, deliverability issues, compliance violations caused by client instructions, or third-party decisions.

To the maximum extent permitted by law, TrialNotice’s total liability for any claim arising out of or relating to the website, services, agreement, campaign, or relationship will not exceed the amounts paid by you to TrialNotice for the specific service giving rise to the claim during the three months immediately before the event giving rise to the claim, or one hundred dollars if no amount was paid.

14. Indemnification

You agree to defend, indemnify, and hold harmless TrialNotice, its owners, officers, employees, contractors, agents, vendors, and affiliates from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your study, products, services, business, instructions, approvals, data, lists, systems, content, claims, or materials.
• Your violation of law, regulation, contract, platform terms, privacy obligations, clinical research obligations, or third-party rights.
• Your use of the website, services, deliverables, outreach, CRM, CTMS, email, LinkedIn, direct mail, SMS, call, QR, tracking, or reporting workflows.
• Any allegation that client-provided data, content, lists, instructions, or materials are unlawful, unauthorized, misleading, infringing, or noncompliant.

15. Suspension and termination

We may suspend or terminate access to the website or services if we believe you breached these Terms, failed to pay, created risk, misused the services, violated law, violated platform rules, or caused operational, legal, reputational, security, or compliance concerns. Termination does not relieve you of payment obligations, confidentiality obligations, indemnity obligations, or other obligations that should reasonably survive termination.

16. Governing law and disputes

Unless a written agreement states otherwise, these Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. The parties agree to bring disputes in the state or federal courts located in Florida, unless another venue or dispute process is required by an applicable written agreement or law.

17. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date above indicates when this version was last revised. Continued use of the website or services after changes are posted means you accept the updated Terms, where permitted by law.

18. Contact us

Questions about these Terms may be sent to:

TrialNotice
3325 S University Dr, Suite 209
Davie, FL 33328
Email: info@trialnotice.com