Terms of Service

1. Definitions and Interpretation

1.1 Definitions

In these Terms of Service:

• "Content" means all text, graphics, images, videos, audio, animations, data, information, software, code, and other materials displayed on, accessible through, or downloadable from the Website, including but not limited to the Proprietary Materials.
• "Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, service marks, trade names, copyright, moral rights, rights in designs, database rights, rights in know-how, trade secrets, and all other intellectual property rights, whether registered or unregistered.
• "Proprietary Materials" means all proprietary content owned by or licensed to Scalable Trials, including but not limited to scientific visualizations, video content (including the exosome visualization), animations, graphics, case studies, methodologies, processes, research findings, and any other original works of authorship.
• "Scalable Trials," "we," "us," "our" means Dr Glenn Fitzpatrick (ABN 69 377 937 786), trading as Scalable Trials, an individual/sole trader registered in Australia.
• "Services" means the consulting and advisory services provided by Scalable Trials, as described on the Website or in separate service agreements.
• "Website" means the website located at www.scalable-trials.com and all associated subdomains, pages, and content.
• "You," "your," "User" means any individual or entity accessing or using the Website.

1.2 Interpretation

In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) the singular includes the plural and vice versa; (c) a reference to a statute includes its amendments and replacements; (d) "including" and similar expressions are not words of limitation.

2. Acceptance of Terms

2.1 Agreement to Terms

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Scalable Trials.

2.2 Capacity

By using the Website, you represent and warrant that:

• You are at least 18 years of age;
• You have the legal capacity to enter into binding contracts;
• If accessing on behalf of an organization, you have the authority to bind that organization to these Terms;
• Your use of the Website does not violate any applicable law or regulation.

2.3 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website, with an updated "Last Updated" date. Your continued use of the Website after any changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

3. Website Use and Access

3.1 License to Access

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Website for your personal, non-commercial use only. This license does not include any right to:

• Download, copy, reproduce, or store any Content (except as explicitly permitted);
• Modify, adapt, translate, or create derivative works from the Content;
• Distribute, display, perform, transmit, or publish any Content;
• Use the Website or Content for any commercial purpose;
• Remove, obscure, or alter any copyright, trademark, or other proprietary notices.

3.2 Availability

We do not guarantee that the Website will be available at all times or without interruption. We may suspend, withdraw, discontinue, or change all or any part of the Website without notice. We will not be liable if the Website is unavailable for any reason.

3.3 Access Security

You are responsible for maintaining the confidentiality of any access credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use.

4. Intellectual Property Rights

4.1 Ownership

The Website and all Content, including but not limited to all Proprietary Materials, are owned by Scalable Trials or our licensors and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Specifically, the following are owned exclusively by Scalable Trials and are protected intellectual property:

• The Scalable Trials name, logo, and all associated branding
• All scientific visualizations and animations, including but not limited to the exosome video visualization
• All video content, animations, and multimedia materials
• Case studies, methodologies, and research presentations
• Website design, layout, and graphical elements
• All text content, articles, and written materials
• Software, code, and technical implementations

4.2 No Right to Download, Copy, or Use

STRICT PROHIBITION: You are expressly prohibited from:

• Downloading any Content from the Website, including images, videos, animations, documents, or any other materials, whether by right-clicking, using browser tools, screen capture, screen recording, or any other method;
• Copying or reproducing any Content in any form or medium, including photocopying, scanning, photographing, transcribing, or digital reproduction;
• Recording any video, animation, or multimedia content using any means, including screen recording software, capture devices, or mobile devices;
• Extracting or scraping Content using automated tools, bots, scripts, or manual extraction;
• Storing any Content on your local device, cloud storage, or any other storage medium;
• Redistributing or sharing any Content through any means, including email, social media, file sharing, or any other distribution method;
• Creating derivative works based on any Content, including modifications, adaptations, or transformations;
• Using any Content for commercial purposes, including in presentations, publications, marketing materials, or any business use;
• Framing or embedding any Content on other websites or applications;
• Using any Content for artificial intelligence training, machine learning, or data mining purposes.

4.3 Limited Exceptions

The only permitted uses of Content are:

• Viewing Content in your web browser in the normal course of accessing the Website;
• Printing a single copy of a page for your personal, non-commercial reference, provided all copyright and proprietary notices are retained;
• Sharing direct links (URLs) to Website pages through normal hyperlinking.

4.4 Trademarks

"Scalable Trials," the Scalable Trials logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Scalable Trials. You may not use such marks without our prior written permission.

4.5 Enforcement

We actively monitor for unauthorized use of our Content and aggressively enforce our Intellectual Property Rights. Violations may result in:

• Immediate termination of your access to the Website;
• Legal action seeking injunctive relief and damages;
• Claims for actual damages, statutory damages, and attorney's fees;
• Reporting to relevant authorities for criminal prosecution where applicable.

4.6 DMCA and Copyright Infringement

If you believe that Content on our Website infringes your copyright, please provide written notice to our Copyright Agent with the following information:

• Identification of the copyrighted work claimed to be infringed;
• Identification of the allegedly infringing material and its location;
• Your contact information;
• A statement that you have a good faith belief that the use is not authorized;
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner;
• Your physical or electronic signature.

Contact: [email protected]

5. Prohibited Uses

In addition to the restrictions in Section 4, you agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website;
• Use the Website in any manner that could disable, overburden, damage, or impair the Website;
• Use any robot, spider, scraper, or other automated means to access the Website;
• Introduce any viruses, trojan horses, worms, or other malicious code;
• Attempt to gain unauthorized access to any part of the Website, other accounts, or computer systems;
• Attack the Website via denial-of-service attacks or distributed denial-of-service attacks;
• Impersonate or attempt to impersonate Scalable Trials, an employee, or any other person;
• Use the Website for competitive intelligence or benchmarking;
• Reverse engineer, decompile, or disassemble any software on the Website;
• Remove, circumvent, or disable any technological measure we use to protect the Website or Content.

6. User Content and Submissions

6.1 Submissions

Any information, feedback, ideas, suggestions, or other content you submit to us through the Website (excluding personal information covered by our Privacy Policy) becomes our property. By submitting such content, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute such content for any purpose.

6.2 Representations

When submitting any content, you represent and warrant that:

• You own or control all rights to the content;
• The content is accurate and not misleading;
• The content does not violate these Terms or any applicable law;
• The content does not infringe any third party's rights.

7. Consulting Services Disclaimer

7.1 Website Information

The information provided on this Website is for general informational purposes only and does not constitute professional advice. The Website describes our consulting services but does not create a consultant-client relationship.

7.2 No Professional Advice

Content on the Website, including case studies and articles, is provided for educational and informational purposes. It should not be relied upon as a substitute for professional advice specific to your circumstances. Before making any decisions relating to clinical trials, regulatory matters, or business strategy, you should consult with qualified professionals.

7.3 Service Agreements

Engagement of our consulting services is subject to separate written agreements. These Terms govern only your use of the Website, not any consulting engagement.

7.4 Regulatory Information

Information about regulatory frameworks, including TGA and HREC processes, is provided for general understanding only. Regulatory requirements change frequently, and you should verify current requirements with appropriate authorities.

8. Third-Party Links and Content

8.1 Third-Party Links

The Website may contain links to third-party websites or services. These links are provided for your convenience only. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites.

8.2 No Endorsement

The inclusion of any link does not imply endorsement by Scalable Trials. You access third-party sites at your own risk and should review their terms and privacy policies.

8.3 Third-Party Content

Where we reference third-party content, including academic publications or external resources, we do so for informational purposes. We are not responsible for the accuracy or availability of such content.

9. Disclaimers

9.1 "As Is" Basis

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Warranties

Scalable Trials does not warrant that:

• The Website will be uninterrupted, secure, or error-free;
• Any defects will be corrected;
• The Website or server are free of viruses or harmful components;
• The Content is accurate, complete, reliable, current, or error-free;
• The results obtained from using the Website will be accurate or reliable.

9.3 Australian Consumer Law

Certain legislation, including the Australian Consumer Law, may imply warranties or conditions or impose obligations that cannot be excluded, restricted, or modified. To the extent permitted by law, our liability for breach of any such implied warranty or condition is limited to the re-supply of the services or payment of the cost of having them re-supplied.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCALABLE TRIALS OR ITS CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use;
• Business interruption;
• Cost of substitute goods or services;
• Any other intangible losses;

ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100).

10.3 Essential Basis

You acknowledge that the limitations in this section are essential elements of the agreement between us and that we would not provide the Website without these limitations.

11. Indemnification

You agree to indemnify, defend, and hold harmless Scalable Trials and its contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Website;
• Your violation of these Terms;
• Your violation of any rights of another party;
• Your violation of any applicable law;
• Any content you submit to the Website.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate fully.

12. Termination

12.1 Our Rights

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

12.2 Effect of Termination

Upon termination:

• Your right to use the Website will immediately cease;
• Sections 4 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and any other provisions that by their nature should survive, will survive termination.

13. Governing Law and Jurisdiction

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

13.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any disputes arising out of or relating to these Terms or your use of the Website.

13.3 Waiver of Jury Trial

To the extent permitted by law, you waive any right to a jury trial in any proceeding arising out of or relating to these Terms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between you and Scalable Trials regarding the Website and supersede all prior agreements.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

14.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision shall not constitute a waiver.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, government actions, or internet failures.

14.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Scalable Trials.

15. Contact Information

For questions about these Terms of Service, please contact us: