Our services "Magana Trial Manager", "Magana Contact Tracker", "Magana Patient Zero" and/or other digital services are provided to you by MaganaMed GmbH, Regensburg. Access and use of our services depends on the agreement you enter into with us. Unless otherwise agreed, our services are provided on the basis of this agreement. This agreement applies regardless of the way our services are provided to you. Please read this statement of terms of use carefully. It is intended to promote mutual understanding and to protect the interests of both parties. A violation of these terms may result in temporary or permanent suspension of your account.
To use our services, you must register on our platform (https://maganatrial.com) by creating your own account. For registration, we require your first and last name, a valid email address, and a password of your choice. The password must be chosen as securely as possible. A password is considered secure if it is at least ten characters long, consists of different characters (uppercase, lowercase, special characters, numbers), does not form a word, and is not also used for registrations on other websites. Your password and access data should be treated by you as strictly confidential. If you lose your password, you can reset it yourself. MaganaMed GmbH does not have access to your password.
You may also be given access to an account by a cooperation partner (e.g., in multicenter studies). Even in this case, it is important that you set your own password. You are responsible and liable for the actions taken from your account. You are obliged to inform us immediately if you know or have reason to believe that third parties have gained access to your account or your access data, without prejudice to your own obligation to immediately take effective measures yourself, such as changing the login data to your account.
To use our services, you need an internet connection and a current browser (e.g., Google Chrome, Microsoft Edge, Safari, Mozilla Firefox). By accepting these terms of use, we grant you a non-exclusive, non-transferable, and limited right to access and use our services as they are made available to you. Which services you can use and to what extent is determined by the contract that you (or your contractual partner) have concluded with us. Use of our services is at your own cost and risk. You are responsible for using a secure and protected device with a secure internet connection and a current browser. You are also responsible for the type and content of the data collected. MaganaMed is responsible for software-side data integrity and security. This includes server operation, software security and updates, backups, and other measures to protect data. Further information can be obtained upon request from the TOM (technical and organizational measures). You acknowledge and agree that our services are subject to regulations for medical research. Therefore, you acknowledge and agree that your actions are logged in an audit trail, linked to your username and IP address, and can be viewed by MaganaMed. Such actions may include: logging in or out, creating forms, managing users, entering, removing, or changing data, sending surveys, and changing settings.
You acknowledge and agree that you are solely and fully responsible and liable for the actions taken from your account. In this context, you hereby warrant that you will not violate any laws or regulations that concern you, us, persons whose data you wish to process through our services, or third parties through your actions. Furthermore, you hereby agree not to use or introduce any harmful software, such as viruses or Trojans, to damage, delete, or otherwise make inaccessible the systems or information of us, other customers, or third parties, or to circumvent technical security measures of our systems or the systems of third parties. You further warrant that you will not use our services for sending advertising or junk mail, spam, mass emails, scam emails, and/or phishing emails. You also agree not to violate the intellectual property rights of us or third parties (e.g., by using standardized questionnaires without a valid license) or the right to privacy or other rights, to use our services to advertise illegal behavior or provide information on how to engage in illegal acts, commit illegal activities, or promote physical harm or injury. We particularly point out that actually or attempted reverse compilation, disassembly, reverse engineering, or any other attempt to derive the source code of all or part of our software services is expressly prohibited, unless permitted by mandatory law.
In the event that one or more provisions in these terms of use have been violated by you, we are entitled (but not obliged) to review, edit, restrict, or delete data that you have stored or processed using our services at our sole discretion. Furthermore, in such cases, we are also entitled to restrict or deny your access to our services and to disclose your personal data to relevant third parties.
You and your cooperation partners remain the sole owners of the data that you store and process with our services. However, you must ensure that you are legally authorized to use the data that you process with our services. You warrant that all data stored by you in connection with our services or otherwise processed does not violate applicable law or the rights of third parties. Furthermore, you warrant that you have a valid legal basis for processing the respective personal data. You undertake to thoroughly test our services before use (validation). Only fictitious test data may be processed for validation. At no time may data be stored or otherwise processed that contains directly identifiable personal data (e.g., names, addresses, social security numbers, etc.) without ensuring that you use (additional) security measures to protect this data, e.g., pseudonymization. You are obliged to hold us harmless and indemnify us against all claims, lawsuits, proceedings, losses, damages, expenses, and costs arising from or in connection with your breach of the above warranties and guarantees.
We do not review the content you upload in connection with our services unless you explicitly request us to do so. The content of our services does not constitute medical advice and should not be used as a basis for medical decisions.
You acknowledge and agree that we do not pre-screen your content or your use of our services and that we cannot directly influence the way you use our services. Everything you do with our services and all data you process with our services fall under your sole responsibility.
Our services may contain information derived from and/or referring to third-party websites, products, or services (e.g., through hyperlinks, banners, or buttons). Since we have no control over such third-party websites, products, or services, you acknowledge and agree that we are neither responsible nor liable for the content of this information, websites, products, or services.
We try to keep our services available and performant as much as possible at all times. However, maintenance work must be carried out from time to time. Furthermore, changes or updates to our services may also need to be made, which may result in our services being unavailable for a short time. Whenever possible, we try to carry out all updates and maintenance work outside business hours. The downtime is usually only a few minutes. If we plan or if it is foreseeable that services will be unavailable for more than 30 minutes due to maintenance work or updates, we will inform you about this at least 24 hours in advance. We will make every economically reasonable effort to ensure uninterrupted and consistently high-performance availability of our systems.
If we have reasonable suspicion that there is a danger to our systems, we are entitled to take all measures that we consider necessary to avert the suspected danger (including shutting down all systems). MaganaMed GmbH undertakes to take appropriate security measures, weighing economic, technical, and organizational factors, to prevent foreseeable risks or minimize the risk. We are entitled to change our website and our services at any time (e.g., functionalities, appearance, content).
We are entitled to change these terms of use at any time, but will inform you of all material changes by email or through our services. All changes will take effect subject to a period of 30 calendar days after our notification of the change to you. If you do not wish to accept a change, you can terminate the use of our services until the date on which the amended terms of use become active. Your use of our services after the date of entry into force is deemed to be acceptance of the amended terms of use.
We are entitled to change these terms of use at any time, but will inform you of all material changes by email or through our services. All changes will take effect subject to a period of 30 calendar days after our notification of the change to you. If you do not wish to accept a change, you can terminate the use of our services until the date on which the amended terms of use become active. Your use of our services after the date of entry into force is deemed to be acceptance of the amended terms of use.
Last updated: November 2020