Website Terms of Use

IMPORTANT NOTICE: SECTION 15 OF THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND ACROVA ARE RESOLVED. PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 15.8.

1. Acceptance of These Terms#

These Website Terms of Use (these “Terms”) are a binding agreement between you and Plinthos Holdings LLC, a Florida limited liability company doing business as “Acrova” (“Acrova,” “we,” “us,” or “our”). These Terms govern your access to and use of the Acrova website located at www.acrova.ai, together with any pages, content, features, and forms that link to these Terms (collectively, the “Site”).

By accessing or using the Site, by submitting a form on the Site, or by clicking to accept these Terms where that option is presented, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Site. If you are using the Site on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

2. Scope: These Terms Govern the Website, Not the Platform#

These Terms govern the public Site only. Access to and use of Acrova’s software platform for clinical-research organizations (the “Platform”), including any content uploaded to or generated on the Platform, is governed by the written customer agreement between Acrova and the applicable customer (the “Customer Agreement”), not by these Terms. If there is any conflict between these Terms and a Customer Agreement with respect to the Platform, the Customer Agreement controls. Customer content submitted to the Platform is processed under the Customer Agreement and the Privacy Policy does not apply to it, as described in Section 4 of the Privacy Policy.

References in these Terms to the Site do not include the Platform. Any trial, demonstration, or beta access to the Platform that we may offer is provided under the Customer Agreement or a separate written agreement, even if it is reached through the Site.

3. Eligibility and Business Use#

The Site is intended for use by business professionals who are at least 18 years old and capable of forming a binding contract. The Site is offered from the United States and is intended for users in the United States. By using the Site, you represent that you meet these requirements and that you are not barred from using the Site under applicable law. You further represent that you are not located in a country subject to a United States government embargo and are not named on any United States government list of prohibited or restricted parties. The Site is not directed to children, and we do not knowingly collect personal information from children, as described in the Privacy Policy.

4. No Medical Advice; Not Directed to Patients or Study Participants#

The Site provides information about Acrova’s business-to-business software for clinical-research organizations. Acrova is not a health care provider, and nothing on the Site is medical advice, a diagnosis, a treatment recommendation, or an offer to provide clinical care. Use of the Site does not create a provider-patient relationship. Always seek the advice of a qualified health professional with any questions regarding a medical condition.

The Site is not intended for patients, study participants, or prospective participants, and it does not recruit, screen, or enroll participants for any clinical study. Any sample study materials, recruitment copy, or imagery displayed on the Site are illustrative examples of the Platform’s output for business evaluation only. They do not describe an actual enrolling study, and they are not claims about any drug, device, or treatment. If you are a patient or prospective participant, please direct questions about a study to the study team identified in that study’s own materials.

5. Changes to These Terms and to the Site#

We may update these Terms from time to time. If we make changes, we will post the updated Terms on the Site and update the “Last Updated” date above, and we will provide additional notice of material changes as required by law, such as by email or a notice on the Site. Changes take effect when posted unless the notice states otherwise, and your continued use of the Site after changes take effect constitutes acceptance of the updated Terms. Changes to Section 15 (arbitration) are subject to the rejection right in Section 15.9. Except through updates posted under this Section, these Terms may be amended only by a written instrument signed by authorized representatives of both parties. We may also change, suspend, or discontinue any part of the Site at any time without liability to you.

6. Intellectual Property and Limited License#

The Site and all of its content, features, and functionality, including text, graphics, logos, images, page designs, software, and the selection and arrangement of the foregoing (collectively, “Site Content”), are owned by Acrova or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual-property laws. “Acrova,” the Acrova logo, and related names and marks are trademarks of Plinthos Holdings LLC; you may not use them without our prior written consent.

Subject to these Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and view the Site and to print or download a reasonable number of pages for your internal business evaluation of Acrova. No other right or license is granted. All rights not expressly granted are reserved by Acrova and its licensors.

7. Acceptable Use#

You agree that you will not, and will not permit or enable any third party to:

• use the Site in violation of any applicable law or regulation, or for any unlawful, deceptive, or fraudulent purpose;
• scrape, crawl, harvest, index, or otherwise collect the Site or Site Content by automated means, including through robots, spiders, or similar tools, except that public search engines may use standard, non-burdensome indexing technologies to create publicly available searchable indices;
• use the Site or Site Content to develop, train, fine-tune, or improve any artificial-intelligence or machine-learning model, or to create a dataset for those purposes, without our prior written consent;
• access or use the Site to develop, market, or benchmark a product or service that competes with the Site or the Platform, or for any other competitive purpose, without our prior written consent;
• copy, reproduce, republish, distribute, sell, resell, frame, mirror, or commercially exploit the Site or Site Content, or create derivative works from them, except as expressly permitted in Section 6;
• reverse engineer, decompile, or disassemble any software forming part of the Site, or attempt to discover its source code, except to the extent this restriction is prohibited by law;
• probe, scan, or test the vulnerability of the Site, breach or circumvent any security or authentication measure, or interfere with or disrupt the Site, any server, or any network, including through denial-of-service attacks or the introduction of viruses or other malicious code;
• impersonate any person or entity, misrepresent your affiliation, or submit information to the Site that is false or misleading;
• remove, alter, or obscure any copyright, trademark, or other proprietary notice on the Site; or
• use the Site to send unsolicited commercial messages or to collect contact information for that purpose.

If you access or interact with the Site through an artificial-intelligence agent or other automated tool acting on your behalf, that tool’s actions are attributed to you, and you are responsible for its compliance with these Terms. We may investigate suspected violations, may involve law enforcement, and may suspend or terminate access as described in Section 16.

8. Demo Requests, Communications, and Accounts#

The Site may allow you to request a demonstration, contact sales, or subscribe to updates. You agree to provide accurate, current information in any form you submit and to keep it updated. Please do not include sensitive personal details, health information, or confidential information of any third party in free-text fields. By submitting a form, you ask us to contact you about your inquiry and about the Platform, and you consent to receive communications from us electronically, including by email; you may opt out of marketing communications at any time as described in the Privacy Policy. Communications we send electronically satisfy any legal requirement that a communication be in writing.

If we make Site accounts available, you are responsible for maintaining the confidentiality of your credentials and for all activity under your account, and you agree to notify us promptly at legal@acrova.ai of any suspected unauthorized use. Accounts used to access the Platform are governed by the applicable Customer Agreement.

9. Feedback#

If you submit questions, comments, ideas, suggestions, or other feedback about the Site or the Platform (“Feedback”), you grant Acrova a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, fully paid, royalty-free license to use, reproduce, modify, and otherwise exploit that Feedback for any purpose, including to train, develop, and improve machine-learning and artificial-intelligence systems, without compensation or attribution to you. We may treat Feedback as non-confidential. Do not submit Feedback that is subject to a third party’s rights or to any confidentiality obligation.

10. Third-Party Sites and Content#

The Site may contain links to third-party websites and resources, such as ClinicalTrials.gov or a customer’s own sites. We provide these links for convenience only. We do not control third-party sites, we are not responsible for their content, products, services, or privacy practices, and a link does not imply our endorsement. Your use of a third-party site is at your own risk and subject to that site’s terms and privacy policy.

Any dispute you have with a third party arising out of a third-party site, third-party content, or your dealings with a third party is between you and that third party. You release Acrova and its members, managers, officers, employees, and agents from all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with any such dispute. If you are a California resident, you waive California Civil Code § 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

11. Copyright Policy (DMCA)#

We respect intellectual-property rights and expect Site users to do the same. If you believe that material on the Site infringes your copyright, you may send a notification under the Digital Millennium Copyright Act, 17 U.S.C. § 512, to our designated agent: Peter Adamis, Plinthos Holdings LLC d/b/a Acrova, 382 NE 191st St #105769, Miami, FL 33179, telephone (914) 519-7231, email legal@acrova.ai. Your notice must include the elements required by 17 U.S.C. § 512(c)(3), including identification of the copyrighted work and the allegedly infringing material, your contact information, the required good-faith and accuracy statements, and your physical or electronic signature. We will respond to valid notices, which may include removing or disabling access to the identified material, and we will terminate the access of repeat infringers in appropriate circumstances. If material you posted was removed in error, you may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g).

12. Disclaimer of Warranties#

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ACROVA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ACROVA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SITE CONTENT, INCLUDING ANY ILLUSTRATIVE OR MACHINE-GENERATED EXAMPLES, IS ACCURATE, COMPLETE, OR CURRENT. WE MAY CORRECT ERRORS AND UPDATE OR REMOVE SITE CONTENT AT ANY TIME WITHOUT NOTICE, AND WE HAVE NO OBLIGATION TO UPDATE ANY CONTENT. NO ADVICE OR INFORMATION OBTAINED FROM THE SITE CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO STOP USING IT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability#

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER ACROVA NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ACROVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) ACROVA’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID ACROVA FOR USE OF THE SITE IN THE 12 MONTHS BEFORE THE CLAIM AROSE. THIS LIMIT APPLIES IN THE AGGREGATE TO ALL CLAIMS, AND THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE IT. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ACROVA. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

14. Indemnification#

You agree to indemnify, defend, and hold harmless Acrova and its members, managers, officers, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your access to or use of the Site in violation of these Terms, (b) information you submit through the Site, or (c) your violation of applicable law or of any third party’s rights. We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense. This Section does not apply to the extent a claim results from our own gross negligence or willful misconduct.

15. Governing Law; Dispute Resolution; Arbitration; Class Waiver#

15.1 Governing Law and Venue#

These Terms and any dispute arising out of or relating to them or the Site are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to the arbitration provisions below, any dispute that is not subject to arbitration will be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you and Acrova each consent to personal jurisdiction and venue there.

15.2 Informal Resolution First#

Before filing a claim, you and Acrova each agree to try to resolve the dispute informally. Either party may begin the process by sending the other a written notice that includes the sender’s name and contact information, a description of the dispute, and an itemized statement of the relief requested, including any damages calculation; notices to Acrova go to legal@acrova.ai or the mailing address in Section 18. The parties will confer in good faith. Completion of this process is a condition precedent to filing any claim, and all applicable limitation periods are tolled while it is pending. If the dispute is not resolved within 45 days after the notice is received, either party may proceed under this Section 15.

15.3 Binding Arbitration#

Except as provided in Section 15.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Site will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules (the Commercial Arbitration Rules or, where they apply, the Consumer Arbitration Rules), as modified by these Terms. There will be one arbitrator. The arbitration will be conducted in English. Unless the parties agree otherwise, hearings will be held by videoconference or, if an in-person hearing is required, in Palm Beach County, Florida, or, where the AAA Consumer Arbitration Rules apply and require it, in your home county. Payment of filing, administration, and arbitrator fees is governed by the applicable AAA rules. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides the enforceability of the class waiver in Section 15.5. The arbitration, including all filings, evidence, and the award, will be kept confidential except as necessary to enforce the award or as required by law. If the arbitrator finds that a claim or defense was frivolous or was asserted for an improper purpose, the arbitrator may require the party that asserted it to reimburse the other party’s reasonable attorneys’ fees and costs; this authority runs equally in favor of both parties.

15.4 Exceptions#

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of its intellectual-property rights or a violation of Section 7. Doing either does not waive the right to arbitrate all other disputes.

15.5 Class Action Waiver#

YOU AND ACROVA EACH AGREE THAT DISPUTES MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PARTIES AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF. If this class waiver is found unenforceable as to a particular claim, then that claim, and only that claim, must proceed in court under Section 15.1, and the waiver remains enforceable as to all other claims.

15.6 Mass Filings#

If 25 or more arbitration demands raising similar claims and coordinated by the same or related counsel are submitted against either party, the demands will be resolved in stages: the first 25 demands will proceed to arbitration first, and no other demand in the group may be filed or advanced while they are pending. After those demands conclude, the parties will mediate the remaining demands in good faith for 90 days, and any demands still unresolved will then proceed in further stages of up to 50 demands each. Applicable limitation periods are tolled for queued demands from the time they are first properly noticed under Section 15.2. This subsection sequences arbitration; it does not deprive any party of it.

15.7 Jury Trial Waiver#

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ACROVA EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.

15.8 Your Right to Opt Out#

You may opt out of the arbitration agreement and class waiver in Sections 15.3 through 15.5 by sending written notice to legal@acrova.ai or to the mailing address in Section 18 within 30 days after you first accept these Terms. Your notice must include your name, your organization, the email address you use with the Site, and a statement that you opt out of arbitration. If you opt out, Section 15.1 governs where disputes are heard, and neither party will be bound by the arbitration and class-waiver provisions.

15.9 Changes to This Section#

If we change this Section 15 after you first accept these Terms, you may reject the change by sending written notice to legal@acrova.ai within 30 days after the change takes effect, in which case the version of this Section you previously accepted continues to apply.

15.10 Time to File#

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED. Where applicable law does not permit a limitation period to be shortened, the shortest period that law permits applies instead.

16. Suspension and Termination#

We may suspend or terminate your access to the Site at any time, with or without notice, including if we reasonably believe you have violated these Terms. You may stop using the Site at any time. These Terms continue to apply to your prior use of the Site after termination. Upon termination, the license in Section 6 ends, but Sections 2, 4, 6 (as to Acrova’s ownership), 7, 9, and 10 through 18 survive, along with any other provision that by its nature should survive.

17. General Terms#

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Acrova regarding the Site and supersede all prior understandings on that subject. They do not modify any Customer Agreement or other signed agreement between you or your organization and Acrova. In agreeing to these Terms, you have not relied on any statement or representation not set out in these Terms or the Privacy Policy, and these Terms will be construed without any presumption against the drafting party.
• Severability; no waiver. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be enforced to the maximum extent permitted. Our failure to enforce any provision is not a waiver, and any waiver must be in a writing signed by an authorized representative of Acrova.
• Assignment. You may not assign or transfer these Terms without our prior written consent, and any attempted assignment without consent is void. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
• Force majeure. We are not liable for any delay or failure to perform caused by circumstances beyond our reasonable control.
• Notices. We may provide notices to you by posting on the Site or by email to an address you provide. Notices to Acrova must be sent to Plinthos Holdings LLC d/b/a Acrova, 382 NE 191st St #105769, Miami, FL 33179, or by email to legal@acrova.ai, and are effective on receipt.
• No third-party beneficiaries. These Terms do not create any right in any person other than you and Acrova.
• California users. Under California Civil Code § 1789.3, California users are entitled to know that they may file complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, telephone (800) 952-5210.
• Headings. Headings are for convenience only and do not affect interpretation.

18. Contact Us#

Questions about these Terms may be directed to:

Acrova, Attn: Legal

Plinthos Holdings LLC d/b/a Acrova

382 NE 191st St #105769, Miami, FL 33179

Email: legal@acrova.ai