1. Article – Introductory remarks
1.1. These Terms of Use (“ToU”) apply to the use of our website www.rapidusmr.com (“Website”) and to the use of our software on the adress https://app.rapidusmr.com/#/(“Software”) (hereinafter: the Website and Software jointly referred to as: the “Platform”), as well as the use of our services via Platform, and represent a legally binding agreement between:
1) Rapidus s.r.o., Lannova 2061/8, Nove Mesto (Prague 1) Prague 110 00,Czech Republic, registration no. 03880052, contact email address: info@rapidusmr.com (“Rapidus”), and
2) User of the Platform, as defined in Article 3 of ToU (“User”).
1.2. Rapidus is a company incorporated in Czech Republic, therefore it undertakes business activities in accordance with relevant Czech laws.
1.3. By accessing the Website or by creating a Platform account, Users state that they have read this ToU, that they agree with its provisions in full, and that they conclude a binding agreement with Rapidus. This ToU governs User’s access to and the use of the Platform, i.e. both the Website and the Software. The Platform is available to use only under the condition that Users agree to these ToU.
1.4. Rapidus encourages the Users to periodically check the content of this ToU, given that Rapidus reserves the right to make amendments to it without prior notice. If such amendments occur, they will be featured on the Website on a prominent place, easily accessible to Users. In any way, Users’ continued usage of Platform after ToU amendments will be deemed as acceptance of such changes. Any aspect of both Website and/or Software may be amended, deleted or updated without prior notice, at Rapidus’ sole discretion.
1.5. For the avoidance of any doubt, this ToU shall apply to any and all content published on the Platform and to all connected services.
1.6. Any use of the Platform contrary to ToU, shall be considered a breach thereof.
2. Article – Scope of ToU
2.1. This ToU governs Users’ access and use of Website and/or Software, creating a Platform account, as well as the use of services and features available via Platform.
2.2. Platform’s goal is to enable medical professionals/health care professionals (“MPs” or “HCPs”) to visit the Website, create a Platform account via Software, and participate in various medical studies they choose, for specified, previously defined monetary compensation („Study“) .
2.3. Website may be accessed by every person who may or may not be a MP, however, solely MPs may create a Platform account using the Software and participate in Studies.
2.4. This ToU applies to general conditions for Platform registration, rights and obligations of Users, limitations of liability, ways of conducting services and participations in Studies, compensation to MPs for completion of available Studies, as well as other relevant issues regarding the usage of the Platform.
3. Article – Categories of Users
3.1. As per this ToU, the term “Users” shall collectively apply to following categories:
1) Natural persons who have solely accessed the Website for informational purposes, without creating a Platform account, regardless of whether such persons are MPs or not (“Guest Users”); and
2) MPs who have created their Platform account using the Software, with the purpose of participating in Studies available via Platform, and who have been verified as MPs by Rapidus, in accordance with Article 4, point 4.2 of ToU (“Registered Users”).
3.2. For the avoidance of any doubt, ToU applies to both Guest Users and Registered Users appropriately.
4. Article – Registration procedure
4.1. If Users wish to participate in Studies available via Platform, they need to be MPs and create a Platform account.
4.2. In order to create a Platform account, Users need to select the ‘Join panel’ option available on the Website, fill-in a registration form detailing their personal data such are email, country of residence, phone number, medical license number and other, as well as upload a scan of their license/medical diploma, in order to enable Rapidus to verify their MP status. MPs that created a Platform account may be subsequently contacted by Rapidus agent in order to verify their MP status.
4.3. Users are obligated to provide complete and accurate information required for creating a Platform account, otherwise, they will not be able to use the Platform, nor to participate in Studies. If Rapidus discovers that a User has provided false registration information, Rapidus is entitled to refuse the registration of such User’s account, or to delete an already registered account, as well as to undertake all other actions Rapidus deems necessary, in accordance with the law. User which has created a Platform account under false information shall be liable to Rapidus for any caused damages.
4.4. After Rapidus comes to the conclusion that User is, indeed, a MP, based on User’s account information, Rapidus shall send a confirmation email to the User, which must be confirmed by the User for activation of their Platform account. Once the account is activated, the User becomes a Registered User and is able to participate in medical studies available on the Platform. Each Registered User has its own chosen account user name and password. Rapidus does not have access to the chosen password and MP may choose to change it at any time.
4.5. Once the Registered User accesses their account, they will be able to see which Studies are available for participation, which is the compensation for each study, as well as the data on previous studies in which the Registered User in question has already participated, or they will be invited to participate in a Study via email.
4.6. For the avoidance of any doubt, a Registered User is completely free to decide whether to participate in a Study via Platform or not, as well as to determine the frequency of such participation, in accordance with available Studies. Completion of each Study results in monetary compensation for the Registered User, as described in more detail in Article 5 of ToU.
4.7. Rapidus has the right to refuse the registration request or the access to the Platform to any User in any moment, without any prior notice, without any particular reason, but especially in case of User’s breach of this ToU. User to whom the registration request was denied or to whom the access to the Platform was denied does not have the right to register on the Platform, without prior Rapidus’ written consent. As of the moment in which the access to the Platform was denied to the Registered User and their account was deleted by Rapidus, all of the Registered User’s rights as per this ToU cease, however, Rapidus undertakes to compensate such User for the Studies they have previously completed, if there is any outstanding debt in the moment of account deletion, provided that the compensation is requested by the User within the term described in point 5.2, Article 5 of this ToU.
4.8. Registered User has the right to delete his or hers Platform account in any moment, without any prior notice, by sending a request to Rapidus via email support@rapidusmr.com, in which case Rapidus shall settle the remaining compensation to such Registered user within 30 days as of their account deletion.
5. Article – Payment request and methods of payment
5.1. When opening a Platform account, the User must choose the default currency in which they wish their compensation to be settled. Once chosen, such currency cannot be further switched to another one. Besides this, a User who wishes to open a Platform account must choose a method of payment for the compensation earned. Once chosen method of payment may be later edited by the User.
5.2. Registered User who completed a Study may issue a request for payment of the dedicated compensation in any moment after the completion of either 1) each particular Study, or 2) two or more Studies have been completed. Either way, the request for payment must be issued by the Registered User within one year as of the day on which a particular Study (or one year as of the day of earliest Study in case the compensation is requested for multiple Studies at once) is completed. Registered User is not entitled to compensation if they issue a request for payment after the expiry of one-year term prescribed in the previous sentence of this point 5.2.
5.3. There are several methods of payment to be chosen by the Registered User:
1) Via Amazon voucher. In this case, Registered User must have a valid Amazon account.
2) Via prepaid Visa or Maestro card. Registered User may chose that Rapidus sends a physical payment card to their specified physical address, or that Rapidus sends an electric payment card to their email address.
3) Via check, if a Registered User is a USA resident, in which case the check shall be delivered to their physical address;
4) Via wire transfer, in which case Registered User must provide payment instructions.
5.4. Rapidus undertakes to make the payment of the compensation within three weeks since Registered User issues the request for payment.
5.5. The compensation payable to the MP by Rapidus is in gross amount and includes all taxes and other payable public fees. It is MP’s responsibility to submit tax returns to appropriate jurisdictions and settle the taxes prescribed by the local law. Rapidus does not take any responsibility for payment of taxes on MP’s behalf.
5.6. Rapidus reserves the right to amend the compensation amount for participation in specific Sudy. In this case, such modification shall be timely indicated on the Platform.
5.7. If an MP applies to participate in a Study which is later cancelled, MP will have no right for any kind of compensation for the canceled Study.
5.8. If an MP applies to participate in a Study which is already “quota full” (i.e. the dedicated number of MPs have already applied to participate in a Study), such MP will not have the opportunity to participate and will not be compensated.
5.9. For the avoidance of any doubt, Registered Users shall have the right to ask compensation solely for the Studies they have fully completed, in accordance with point 5.2.
5.10. If Registered User has any questions, complaints or suggestions regarding the Platform and participation in medical studies, they can address Rapidus via email: support@rapidusmr.com .
6. Article – Rules of User’s Conduct and Users’ guarantees
6.1. By accepting this ToU, Users agree to refrain from following actions and respect the following restrictions when using the Platform:
1) Publishing any content that is unlawful, untrue, harmful, threatening, offensive, disturbing, vulgar, rude, and leads to hate speech, racial, sexual, religious or other forms of discrimination – IS STRICTLY FORBIDDEN.
2) Publishing any information that may endanger someone’s privacy or that may in any other way violate rights of any other User or any third party IS STRICTLY FORBIDDEN.
3) Publishing any information that is confidential and/or commercially sensitive or information that is considered to be a business secret IS STRICTLY FORBIDDEN. For the avoidance of any doubt, any information which relates to a Study available via Platform will be considered as confidential, and Registered Users are forbidden from disclosing them to any third party, except if they obtain a prior written consent given by Rapidus.
4) Publishing any content that violates any intellectual property rights, and in particular any patent, trademark or copyright of any third party, unless there is a license allowing such publishing – IS STRICTLY FORBIDDEN.
6.2. Users are specifically agreeing not to publish same or similar content multiple times, or promote some other content within their content, which includes placing links from other companies, online stores, and especially to the competing platforms and such.
6.3. Registered Users guarantee to Rapidus that they have provided true, accurate and complete information for the creation of Platform account and compensation payment.
6.4. Registered Users guarantee to Rapidus that they possess the expertise and experience necessary to participate and complete medical studies available via Platform, and that they shall adhere to highest professional and ethical standards when participating in medical studies.
6.5. If an event occurs which may have an adverse effect on Registered User’s ability to participate in Studies via Platform, including, but not limited to, loss of reputation, revocation of medical license and such, such Registered User shall immediately inform Rapidus, after which Rapidus may delete their account and undertake other necessary actions.
6.6. In case of breach of any provision of this Article by the Users, Rapidus has the right to suspend (ban) such User from accessing the Platform or delete their account, as well as to seek compensation of all damages caused by such User’s behavior, without any limitations, in accordance with the law.
7. Article – Limitations of Liability
7.1. Rapidus does not guarantee the continuity of Website and Software usage, nor is it in any way responsible for the possible temporary unavailability of any specific part of Website and Software, nor for partial or complete failure or malfunctioning thereof, nor for the consequences that might arise from the use of the Website and Software due to possible technical problems or force majeure.
7.2. Rapidus shall not be responsible for any technical problems arising out of issues with electronic communications services provision, which may lead to delays and/or wrong processing of data, including the system clock, given that this is the responsibility of the electronic communications operators, in accordance with relevant electronic communications regulations.
7.3. If some content on the Platform was entered or created by a User, Rapidus does not guarantee the accuracy and reliability of such data, and is not responsible for any such content published or shared by the Users themselves (including, but not limited to, photographs, case descriptions, comments, and other User-generated content).
7.4. Rapidus shall not be liable for violations/breaches of intellectual property rights by the User.
7.5. Rapidus shall not liable for any damage or injuries that might arise from hidden defects, errors, interruptions, deletions, malfunctions, delays or the transmission of computer viruses, interruptions in communications, termination of the contract, behaviors that are contrary to the ToU, negligence, etc.
7.6. By accepting the ToU, Users agree that the Rapidus shall not be held responsible for the behavior of other Users or third parties, and that the risk of possible damage is entirely on Users that made the breach and in accordance with the applicable legislation of the Czech Republic.
7.7. The Website and/or Software may be temporarily unavailable or available on a limited scale due to regular maintenance of the system or in case of its improvement, on which the Users will be duly notified.
7.8. Rapidus reserves the right to modify, or to terminate (temporarily or permanently) any element of Website and/or Software and offer other features on the Platform, in which case, Rapidus shall adhere to good business practices.
7.9. In any event, sole liability of Rapidus shall be to compensate Registered Users for their completion of medical studies in a timely manner.
8. Article – Data Protection
8.1. Rapidus processes necessary Users’ personal data in accordance with relevant data protection laws, and in accordance with its Privacy Policy published on the Platform. For further information on how personal data is processed when User creates a Platform account or requests a monetary compensation, kindly refer to our Privacy Policy.
9. Article – Intellectual property rights
9.1. The content shown on the Platform, including design elements, texts, photos, logos, audio, video, software, and any other intellectual property right associated with the Platform, as well as the Website and Software are the sole property of Rapidus, and cannot be used without its prior consent.
9.2. Except as otherwise expressly authorized by Rapidus, Users may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute Platform (Website or Software) content or any parts of the Platform. Rapidus does not grant to Users any express or implied intellectual property rights on Platform, any part thereof, or any Platform content.
10. Article – Jurisdiction and Governing law
10.1. This ToU shall be governed and construed in accordance with the laws of Czech Republic.
10.2. In case of any dispute between the parties, competent Prague court shall be the venue of dispute resolution.
The terms of this ToU are effective and were last updated on January 10th, 2021.