Please read these Terms and Conditions (“Terms”) carefully before using the KAPHION platform, website, or any associated services. By accessing or using our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our services.
In these Terms and Conditions, the following definitions apply:
“KAPHION”, “we”, “us”, or “our” refers to KAPHION , a company incorporated under the laws of India, with its registered office at 1304 Westport, Sindhu Bhavan Marg, Thaltej, Ahmedabad, Gujarat 380059, INDIA.
“Platform” means KAPHION’s AI-powered clinical trial recruitment software, tools, APIs, dashboards, and any related technology products made available by KAPHION.
“Services” means all products, services, features, and functionalities offered by KAPHION through the Platform or otherwise.
“User”, “you”, or “your” refers to any individual or organisation accessing or using the Platform or Services, including clinical trial sponsors, contract research organisations (CROs), site management organisations (SMOs), research sites, and their authorised personnel.
“Customer” means an organisation that has entered into a subscription or service agreement with KAPHION.
“Patient Data” means any personal data, health information, or clinical data relating to trial participants processed through the Platform.
“Agreement” means these Terms together with any applicable Order Form, Subscription Agreement, Data Processing Agreement, or any other written agreement executed between KAPHION and the Customer.
By creating an account, accessing the Platform, or using any of our Services, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity and authority to enter into a binding agreement; (c) if acting on behalf of an organisation, you are duly authorised to bind that organisation to these Terms; and (d) your use of the Services will comply with all applicable laws and regulations.
KAPHION provides an AI-powered recruitment automation platform designed for clinical trials. The Services may include, but are not limited to, patient sourcing and identification, AI-assisted eligibility pre-screening, automated multi-channel outreach, appointment and visit scheduling, patient engagement and retention tools, site performance analytics and dashboards, and integration capabilities with Electronic Health Record (EHR), Clinical Trial Management Systems (CTMS), and Electronic Data Capture (EDC) platforms.
The specific Services available to you will depend on your subscription tier and any additional features enabled under your Agreement with KAPHION.
To access the Platform, you must register for an account and provide accurate, complete, and current information. You agree to keep this information up to date throughout the term of your use of the Services.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify KAPHION immediately at contact@www.kaphion.com if you suspect any unauthorised access to or use of your account. KAPHION will not be liable for any loss or damage arising from your failure to maintain account security.
Account credentials are personal to the registered user and must not be shared. Customer accounts may include a set number of authorised user seats as specified in the applicable subscription plan.
Subject to your compliance with these Terms and timely payment of applicable fees, KAPHION grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and Services solely for your internal clinical trial recruitment operations during the subscription term.
You must not, and must not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the Platform or any part thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Platform; (c) sell, resell, sublicense, rent, lease, transfer, or otherwise exploit the Services for the benefit of a third party; (d) use the Platform to build a competing product or service; (e) remove or obscure any proprietary notices, branding, or labels on the Platform; (f) use the Platform in any manner that violates applicable laws, regulations, or the rights of any third party; or (g) access the Services through automated means except as expressly permitted by KAPHION’s API documentation.
As a Customer or User of KAPHION’s Services, you agree to: (a) use the Platform only for lawful clinical research purposes and in compliance with all applicable laws and regulations, including but not limited to GCP (Good Clinical Practice) guidelines, 21 CFR Part 11 (where applicable), GDPR, India’s Digital Personal Data Protection Act 2023, and other applicable data protection legislation; (b) obtain all necessary consents, approvals, and authorisations prior to processing any Patient Data through the Platform; (c) ensure that any data you provide to KAPHION or upload to the Platform does not infringe any third-party intellectual property rights; (d) not upload or transmit any content that is unlawful, harmful, defamatory, or in violation of these Terms; and (e) cooperate with KAPHION in good faith to ensure successful delivery of the Services.
KAPHION’s collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to KAPHION’s data practices as described in the Privacy Policy.
Where KAPHION processes personal data on your behalf as a data processor, such processing will be governed by a separate Data Processing Agreement (DPA). Customers are responsible for ensuring that the use of the Platform and associated processing of Patient Data is lawful and that appropriate consents have been obtained from trial participants.
KAPHION implements reasonable administrative, technical, and physical safeguards to protect data processed on the Platform. However, no system is entirely secure, and KAPHION cannot guarantee absolute security. You are responsible for implementing appropriate security measures on your end, including access controls and endpoint security.
All Customer data and Patient Data uploaded to or generated within the Platform remain the property of the Customer. KAPHION does not claim ownership of your data. KAPHION may use aggregated, de-identified data for the purpose of improving and developing the Platform, provided such use does not identify any individual or organisation.
All intellectual property rights in the Platform, including but not limited to software, algorithms, AI models, designs, trademarks, and documentation, are owned by or licensed to KAPHION. Nothing in these Terms transfers any intellectual property rights to you other than the limited licence expressly granted herein.
You retain all intellectual property rights in any data, content, or materials that you provide to KAPHION or upload to the Platform (“Customer Content”). By submitting Customer Content, you grant KAPHION a limited, non-exclusive licence to use that content solely as necessary to provide the Services to you.
If you provide KAPHION with any feedback, suggestions, or ideas regarding the Platform or Services (“Feedback”), you grant KAPHION a perpetual, irrevocable, royalty-free licence to use, incorporate, and exploit such Feedback without restriction or compensation.
Access to the Platform is subject to fees as set out in the applicable Order Form or Subscription Agreement. All fees are exclusive of applicable taxes unless otherwise stated.
Fees are due and payable in accordance with the payment terms specified in your Agreement. KAPHION reserves the right to suspend or terminate access to the Platform in the event of non-payment.
Subscriptions will automatically renew at the end of each subscription term unless either party provides written notice of non-renewal at least 30 days before the end of the then-current term.
Fees paid are non-refundable except as expressly required by applicable law or as separately agreed in writing.
Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Each party agrees to use Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms, and to protect such information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) was already known to the receiving party at the time of disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law or court order, provided that prompt prior written notice is given to the disclosing party where permitted.
KAPHION’s Platform is designed with clinical research compliance in mind. However, Customers are solely responsible for ensuring that their use of the Platform complies with all applicable regulatory requirements governing their clinical trials, including but not limited to requirements of the Central Drugs Standard Control Organisation (CDSCO) in India, the U.S. Food and Drug Administration (FDA), the European Medicines Agency (EMA), Institutional Review Board (IRB) or Ethics Committee requirements, and any other applicable regulatory bodies. KAPHION does not provide regulatory or legal advice, and nothing in the Platform or these Terms should be construed as such.
The Platform may integrate with or link to third-party platforms and services, including EHR systems, CTMS, EDC platforms, and communication providers. KAPHION does not control third-party services and is not responsible for their availability, content, or practices. Your use of third-party integrations is subject to the applicable third-party terms of service and privacy policies.
The Platform is a technology tool to assist with patient recruitment operations. It does not constitute medical advice, clinical guidance, or a substitute for professional clinical judgment. KAPHION makes no representation that any patient identified or pre-screened through the Platform will meet eligibility criteria for enrolment.
To the maximum extent permitted by applicable law, the Platform and Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, noninfringement, or uninterrupted availability.
KAPHION will use reasonable efforts to maintain Platform availability but does not warrant uninterrupted or error-free access. Planned maintenance windows and unplanned outages may occur. KAPHION will endeavour to provide reasonable advance notice of planned maintenance.
To the maximum extent permitted by applicable law, KAPHION will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform or Services, including but not limited to loss of profits, loss of revenue, loss of data, or business interruption, even if KAPHION has been advised of the possibility of such damages.
KAPHION’s total aggregate liability to you for any claims arising out of or related to these Terms or the Services will not exceed the total fees paid by you to KAPHION in the twelve (12) months preceding the event giving rise to the claim.
The limitations of liability in this section reflect a reasonable allocation of risk and are an essential basis of the agreement between the parties. KAPHION would not have entered into these Terms without such limitations.
You agree to indemnify, defend, and hold harmless KAPHION, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your infringement of any third-party intellectual property or privacy rights; or (d) any dispute between you and a trial participant, site, or other third party.
These Terms commence on the date you first access the Platform and continue for as long as you hold an active account or subscription, unless terminated earlier in accordance with these Terms.
You may terminate your account at any time by providing written notice to KAPHION in accordance with your Subscription Agreement. Termination will take effect at the end of the then-current subscription period.
KAPHION may suspend or terminate your access to the Platform with immediate effect if: (a) you breach any material provision of these Terms and fail to remedy the breach within 14 days of written notice; (b) you fail to pay any amounts due; (c) you become insolvent or subject to insolvency proceedings; or (d) KAPHION is required to do so by law.
Upon termination, your licence to use the Platform will immediately cease. KAPHION will make your Customer Data available for export for a period of 30 days following termination, after which KAPHION may delete your data in accordance with its data retention policies. Sections 8, 10, 13, 14, 15, and 18 will survive termination.
KAPHION reserves the right to update or modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the “Last Updated” date above, or by notifying you via email. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Platform.
These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, it shall be referred to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The seat and venue of arbitration shall be Ahmedabad, Gujarat, India. The language of arbitration shall be English.
Not with standing the foregoing, either party may seek interim or injunctive relief from the courts of competent jurisdiction in Ahmedabad, Gujarat, India to prevent irreparable harm pending the resolution of any dispute.
These Terms, together with the Privacy Policy and any applicable Order Form, Subscription Agreement, or Data Processing Agreement, constitute the entire agreement between you and KAPHION with respect to the subject matter herein, and supersede all prior or contemporaneous agreements, representations, and understandings.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.
KAPHION’s failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of KAPHION.
You may not assign or transfer your rights or obligations under these Terms without KAPHION’s prior written consent. KAPHION may freely assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
KAPHION will not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including natural disasters, acts of government, pandemics, telecommunications failures, or other force majeure events.
All notices under these Terms should be sent in writing to KAPHION at contact@www.kaphion.com or to the postal address below. KAPHION may send notices to you at the email address associated with your account.
For any questions, concerns, or requests relating to these Terms and Conditions, please contact us at:
KAPHION – 1304 Westport, Sindhu Bhavan Marg,
Thaltej, Ahmedabad, Gujarat 380059, INDIA
contact@www.kaphion.com
These Terms and Conditions were last reviewed and updated on 20 February 2026. KAPHION recommends that you review these Terms periodically to stay informed of any updates.
