Terms of Use (Platform)

We are Impatients N.V. (“myTomorrows”, “us”, “we”, or “our), incorporated and existing under the laws of the Netherlands. We have our registered office at Anthony Fokkerweg 61, 1059 CP Amsterdam, The Netherlands.

These Terms of Use (“Terms”, “Terms of Use”) are applicable to you:
• each time you use myTomorrows’ platform (the “Platform”);
• each time you interact with one of our employees or representatives or online tools;
• each time you use our search engine (the “Search Engine”).
 
Below you find a few other definitions that help you understand these Terms of Use:
• the Platform and the Search Engine, together with support offered by us, are collectively referred to as the ‘Services’ throughout these Terms of Use. When we mention ‘using the Services’ this includes ‘accessing’ the Services;
• our Services are offered through our websites, including [https://mytomorrows.com/], and any other website operated, controlled, or owned by us (each a “Site” and collectively referred to as the “Sites”);
• these Terms of Use also apply to all information, materials, and documents that are made available on or through the Services (the “Content”).
 
Users of our Services are typically patients (and if underaged – see below – their parents and/or legal guardians), healthcare professionals and BioPharma companies for whom our Services are intended. However, if you do not fall under one of these categories but you are using our Services, these Terms still apply to you. If you fall within one of the categories mentioned above, additional terms may be applicable to you as indicated below.
 
The Services are provided in the interest of health, with the aim to improve patient care, in an innovative manner. The information resulting from the Services is unbiased, “as is” and is generally retrieved from publicly available sources. We make no guarantees regarding the accuracy or availability of the search results. Using the Services will not impose any obligations on you (save to the limitations of use as set out in Articles 6 and 11-14 hereafter), explicitly no obligation to dispense, prescribe and/or use a medicinal product.

Please read these Terms carefully because to use our Services, you must first agree to these Terms. If you do not agree to these Terms, you cannot and should not use our Services.

By accessing or using our Services, by accepting our Terms of Use or by otherwise signifying your acceptance of the Terms, you agree to the terms of the Terms of Use including the annex documents (data processing addendum and/or business associate agreement, as applicable) (together “the Annexes”), if applicable, on behalf of yourself, on behalf of the person you represent, the practice or other entity that may be listed in your account creation (the “Institution”).

If you are an individual healthcare professional accessing or using our Services on behalf of an Institution, you represent and warrant that you have the legal authority to bind the Institution to this Agreement. References to “you”, “your”, or a similar term in these Terms of Use and the Annexes refers to both you and the Institution you so represent.

If you are a healthcare professional accessing our Services, you warrant that to the extent required, you have requested and received consent for use of our Services, from the Institution as detailed below.

If you are under the age of 16 you must have your parent or legal guardian’s permission to use our Services. You may live in a country that applies a higher minimum age (> 16) for entering into agreements. In that case, the minimum age requirement applicable in your country prevails. This means that you must be that older age to lawfully use our Services to you without parental consent (for your use of our Services includes our use of your personal data).

If you are under the applicable minimum age, please have your parent or legal guardian read these Terms with you and accept them on your behalf. If your parent or legal guardian does not accept these Terms, you cannot proceed to use our Services.

If you’re a parent, legal guardian, or when you otherwise use our Services on behalf of someone else, then:
• these Terms apply to you;
• you are responsible for the use of our Services, including compliance with these Terms; and
• you are responsible for all information submitted through our Services by the person on whose behalf you are consenting to these Terms. It is important that you make sure that such information is true, complete and (kept) up-to-date and can be lawfully submitted.

Your privacy and the security of your data is of the utmost important to us. We process your personal data, or personal data of your patient(s) or the person under your care, for instance:
• when you fill out search criteria by using our Search Engine;
• when you decide to insert or upload personal data on the Platform, including when you create a profile to use our Platform; or
• when you generate or request an overview of CTs and EAPs. We may also process your personal data to assess eligibility for pre-approval options and to provide support in accessing pre-approval options.
 
If you have questions about how we process or protect your personal data, please read our Privacy Statement. Our Privacy Statement also explains how you can exercise your data subject rights. If we qualify as data processor with regard to the processing of personal data of your patient(s), meaning we process the personal data on your behalf, we need to enter into an additional data processing agreement, as further described below.

We use artificial intelligence (“AI”) to provide information on pre-approval options, such as CTs and EAPs. Even though you can view all potential pre-approval options, we provide results based on the information you provided on a disease condition. The pre-approval options for which a person may be potentially eligible are then automatically identified with the help of AI based on the alleged eligibility (match) of a patient’s medical information with a pre-approval option. Our Search Engine and services search clinicaltrials.gov, the ISCRTN registry and the EU Clinical Trials register for available CTs and EAPs.

For all users who request a search with direct support from a myTomorrows contact person: myTomorrows has employed or otherwise engaged medically trained professionals with medical background (our “Medical Team”) dedicated to help patients find potential pre-approval options. Our support involves the use of AI to automatically generate an overview including CTs and EAPs. This makes it possible to help patients in less time without compromising on the quality of the matches. Our Medical Team assists patients by gathering information about their medical history, and then uses AI to generate an overview of potential pre-approval options.The Medical Team will also review each overview before sharing it with the person who has requested such overview. This may for instance mean that our Medical Team will check if the overview contains matches which are relevant based on the information received on the patient’s medical information and make changes when deemed appropriate.

The document provided contains more information about how AI is used to generate the overview. The overview does not constitute medical advice: they should always be reviewed by a healthcare professional who is aware of the patient’s medical history.

For users that are medical professionals: By accepting these Terms, you acknowledge, understand, and agree that when you are automatically generating an overview of potential CTs and EAPs for a patient under your care through Services, our Medical Team will not be involved in the output provided to you, nor in the medical treatment and/or diagnosis in any way. This means you are and remain solely responsible for providing and uploading true, complete, and up-to-date information regarding the disease condition of your patient when generating an overview, and for performing a final review of the information provided to you. You understand and agree that the materials or results you obtain using our Services (the “Results”) do not constitute medical advice or can substitute your medical assessment in any way. Under no circumstances should you represent the Results as being medical advice or an original work or a wholly human-generated work.

For all users: Our Services are constantly being further developed and as such more AI solutions and tools may be added to our Services, for example (but not limited to) AI-tools which optimize search results. We will provide information on the AI being used in our Services from time to time on our Site and/or through our Services. We put in reasonable and due care in selecting proper AI for use within the Services, however we disclaim any and all liability in relation to the AI used within our Services including the outcome and results generated by such AI and any third party terms and conditions applicable to such AI. By accepting these Terms, you acknowledge, understand and agree that your use of AI integrated in our Services is at your own risk and responsibility.

myTomorrows’ Services are designed for informational purposes only. myTomorrows is not a healthcare professional and our employees cannot and do not give medical advice or diagnoses.

Our Services are provided “as is” and “as available”. Our Services should not be interpreted as substitute for professional medical advice or diagnoses. If you are concerned about your health, please contact your healthcare professional, or call 112 in case of emergency.

If you are a healthcare professional, then you are encouraged to use our Services for general information purposes. However, you should not rely on the Content made available through our Services to diagnose a medical condition or initiate or modify any medical treatment, and we are not responsible if you do. You remain solely responsible for determining whether any pre-approval option is safe and appropriate for your patient(s).

We provide the Services described in section 1.1 of these Terms free of charge to (i) patients (including their parent(s) and/or legal guardian(s)) and (ii) healthcare professionals to discover and access treatment in development.

We are committed to providing the best possible Services in a professional manner. In return, we expect you to treat our employees with respect and courtesy. We ask you to refrain from any form of harassment, abuse, discrimination, or inappropriate conduct, whether verbal, written or physical. If you do not adhere to this standard of conduct, we reserve the right to suspend, block or remove your access to the Services in accordance with applicable laws.

We also provide other services which require payment before they can be used (“Paid Services”), for instance, to BioPharma companies (“Clients”) to connect with patients with an unmet medical need through our Services. These Paid Services are subject to a separate legal agreement and / or additional terms and conditions (“Separate terms”). If there is any contradiction between provisions of these Terms and the Separate terms, then the Separate terms shall prevail if the provisions in these Terms and the Separate terms expressly conflict. Nothing in the Separate terms should be interpreted as invalidating these Terms.

Our Services may be integrated with, or may otherwise interact with, third-party software, website(s), and services (“Third-party content”). Your use of such Third-party content may be subject to additional terms, conditions, and policies provided to you by the applicable third-party.

We have no control over, and assume no responsibility for the content, policies, (continued) availability or practices of any Third-party content. You acknowledge and agree that we are not responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-party content.

We use commercially reasonable efforts to keep our Services operational and we are constantly developing new technologies and features to make relevant and often complex information easy to access.

We may make changes to the features and functionality of the Services at any time at our sole discretion. This may mean that:
• our Services may experience temporary interruptions;
• we may modify, suspend, or stop (permanently or temporarily) providing all or part of our Services;
• we may (permanently or temporarily) remove certain Content without prior notice to you.

When you create an account with us, you must provide us information that is true, accurate, complete, and up to date at all times. It is your responsibility to update your information if anything changes. Failure to do so constitutes a breach of these Terms and may lead to the termination of your account.

Your username and password are for your personal use only and should be kept confidential. You are solely responsible for all use (including any unauthorized use) of your username and password.

Please notify us immediately upon becoming aware of any breach of security or unauthorized use of your account by contacting us at security@mytomorrows.com or the contact information provided at the end of these Terms.

You may upload information to your account, for instance contact information, personal information, a medical profile, individual medical files, and other relevant information uploaded by you or on your behalf (“User data”).

You are solely responsible for the information that you upload. In the context of the information that you upload to our Services, you represent and warrant that:
• you own or otherwise have the right to upload such information;
• such information is true, complete and (kept) up-to-date and can be lawfully submitted and processed; and
• such information, or its use by myTomorrows, does not violate applicable laws- and regulations or any rights of third parties.
 
If you upload medical information on behalf of a third party, additional terms as described below apply to you. Please make sure to read and understand these terms before you make medical information available.

When using our Services, you must comply with the following principles of acceptable use:
 
• You shall always respect the intellectual property rights, privacy, confidentiality, and any other rights of third parties, including the terms and conditions applicable to the use of third-party tools integrated in our Platform and/or Search Engine;
• You shall not use the Services for any commercial purpose without our prior written approval;
• You shall not use the Services in any way that may harm, interfere with, or otherwise disrupt the Services, for instance by using them in fraudulent or deceptive ways, introducing malware, viruses or other, or spamming, hacking, or bypassing our systems or protective measures, including: reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, copying, reproducing, redistributing, transferring, performing, framing, linking to, or any other use which is not expressly permitted under these Terms or applicable law, or which otherwise infringes intellectual property rights.

 
You will indemnify and hold us harmless against all damages suffered, and costs incurred by us if you do not comply with this section 12.

myTomorrows or myTomorrows’ licensors remain the sole owner of any right, title, and interest, including related to intellectual property rights, in and to our website, assets, know-how, trade secrets, software, trademarks (including trade names, logos, domain names, and other features of the myTomorrows brand) and the Content provided through our Services. This includes for instance, rights in copyright, patents, database rights, trademarks, and other intellectual property rights.

These Terms do not grant you any rights to use any myTomorrows trademarks for commercial or non-commercial use without our prior written approval.

You will not use our Services or any part thereof in any manner not expressly permitted by these Terms. Subject to your compliance with these Terms, including any other Applicable terms, the license we give you is limited, non-exclusive and revocable and gives you permission to make personal, non-commercial use of our Services.

These Terms will continue to apply to you until terminated by either you or myTomorrows.

We may terminate your account or suspend your access at any time, without assuming any liability or responsibility to you, if we believe:
• your account has been inactive for over three years;
• you have breached any of these Terms;
• if we stop providing our Services, or any material component thereof;
• as we believe necessary for security reasons; and/or
• to comply with applicable laws- and regulations.
 
You may terminate your account at any time by discontinuing your use of our Services by contacting us to delete your account and deleting any User data from your portal. If you use our Services without an account, you can stop using our Services at any time.

You acknowledge and agree that myTomorrows has the right to delete any User data from its servers within thirty (30) days following suspension or termination of your account provided that myTomorrows may retain User data to comply with applicable laws- and regulations or otherwise in accordance with our retention policy. If you want to learn more about how long we store your data, please read our Privacy Statement (as referred to above under section 3).

Any section of these Terms that by its nature is intended to remain applicable after the termination of your account or after you stop using our Services, will remain in full effect. Examples of such sections are the sections on ‘Limitation of Liability’ and ‘Applicable Law and jurisdiction’.

Your use of our Services is at your own risk.

myTomorrows, its affiliates and its licensors provide no warranties of any kind regarding the Content and/or Services. Thus, we do not warrant that (i) the Services will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results of using the Services will meet your requirements.

You agree to indemnify and hold myTomorrows harmless from and against all damages, losses, and expenses of any kind, including reasonable attorney fees and costs, arising out of, or related to:
• your breach of these Terms;
• any information you upload or otherwise contribute;
• any activity in which you engage on or through our Services; and
• your violation of applicable laws- and regulations or any rights of third parties.

In no event shall myTomorrows, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use our Services; (ii) any conduct or content of any third party on our Services; (iii) any content obtained from our Services; and (iv) unauthorized access, use or alteration of your transmissions or User data, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

myTomorrows’ liability will, under any circumstances in connection with the Services and/or Content, not exceed the greater of five hundred euros (EURO 500,-) or the amount recovered by us from insurance.

For the avoidance of doubt, these Terms do not limit myTomorrows’ liability for fraud, fraudulent misrepresentation, death, or personal injury to the extent that applicable law would prohibit such a limitation.

Any claim arising under these Terms must be initiated within one (1) year after the occurrence of the event giving rise to such claim or when you first become aware or reasonably should have become aware of the act, omission, or default giving rise to the claim, whichever is later, and there shall be no right to any remedy for any claim not initiated within that period.

These Terms are governed by Dutch law. The court of Amsterdam shall have exclusive jurisdiction over any disputes in relation to, arising from or in connection with the Services and/or Content provided by myTomorrows, if and to the extent permitted by applicable law. The latter means that if you are a consumer, applicable mandatory law may appoint another court to have exclusive jurisdiction over a dispute that has arisen between you and us. In such case, the dispute may only be submitted to this court.

Should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, unless stated otherwise in these Terms, the remaining provisions shall not be affected, and the application of that provision will be enforced to the extent permitted by applicable law.

We may revise and update these Terms at any given time at our sole discretion. The revised and applicable version shall always be available on the applicable myTomorrows Services. Your continued use of our Services following any changes to these Terms, will constitute your acceptance of such changes. If you are no longer willing to accept our Terms (prior or after we have changed our Terms) your sole option is to stop using our Services and Content.

The date at the top of this document indicates when these Terms were last revised and updated.

21.1. Healthcare professionals

If you use our Services as the representative of a team, the institution you work for or in any other context where you might display the results you obtained by using the Services, these terms apply to you. In that case, you guarantee that you have obtained the necessary authorisations to use our Services. In such case, you represent and warrant that you are allowed to legally represent the Institution.

You agree and declare that our Services, that are offered free of charge, are not and cannot be financed by you/your institution out of other regularly available means.

a) Use of our Services for clinical trial site referrals

If you use the functionality of our Services that enables you to refer one of your patients (“Patient”) to a clinical trial site (“Site”) (“Referral Services”), the following obligations apply:

– If the General Data Protection Regulation [1] (“GDPR”) is applicable to you: By using the Referral Services, you understand and agree that you act as a data controller with respect to your Patient’s personal data (as this term is defined in the GDPR) and you appoint myTomorrows as a Data Processor (as this term is defined in the GDPR). The following Data Processing Agreement, available here: https://mytomorrows.com/data-processing-addendum/ is applicable. If you would like to receive a signed copy, please send a request to dataprotection@mytomorrows.com

– If you are a covered entity under the Health Insurance Portability and Accountability Act [2] (“HIPAA”) (“Covered Entity”): By using the Referral Services, you understand and agree that you act as a Covered Entity with respect to your Patient’s Protected Health Information (“PHI”) as this term is defined in HIPAA. In that case, you appoint myTomorrows as a business associate under HIPAA and you automatically enter and agree to the terms of the Business Associate Agreement, available here: https://mytomorrows.com/business-associate-agreement/. If you would like to receive a signed copy, please send a request to dataprotection@mytomorrows.com

– You represent and warrant that you have sufficiently informed the Patient (or their legal representative if they’re a minor) and, where applicable according to your legal and ethical obligations, obtained their consent prior to sharing any of their personal data.

– You are solely responsible for ensuring the adequacy, reliability and accuracy of the information and documents shared, and to ensure you are legally allowed to share such information and documents. You agree to inform myTomorrows immediately in the event that you upload or otherwise give access to information or documents for which you do not have permission to share.

– You agree to indemnify and hold myTomorrows harmless from and against all damages, losses, and expenses of any kind, including reasonable attorney fees and costs, arising out of, or related to a breach of applicable data protection laws, in particular, but not limited to, in the event you disclose a third party’s personal data without an adequate legal basis.

– The use of the Referral Services is exclusively intended for healthcare professionals who hold a valid registration license in the country in which they practice medicine. By signing up to use our services, you represent and warrant that you hold such a license.

– You understand and agree that making your Patient’s personal data available to a clinical research team via our platform means you authorize and instruct myTomorrows to make your Patient’s data available to a third party who qualifies as an independent controller. This means that the recipient of the data will be independently responsible for the handling and protection of your Patient’s data, and myTomorrows will not be responsible for any data that has been disclosed to such third parties upon your instructions.

[1] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance)

[2] Health Insurance Portability and Accountability Act of 1996 and the associated standards issued by the U.S. Department of Health and Human Services (“HHS”).

b) Use of our Services to review clinical trial site referrals

If you use the functionality of our Services that enables your clinical trial research team to receive a clinical trial referral and screen a Patient for the applicable study, the following obligations apply to you:

– You understand and agree that any information shared with you in the context of the Referral Services is privileged, confidential and protected by applicable data protection laws. As such, you shall only grant access to such information to persons who have committed to themselves to confidentiality or are under an appropriate statutory obligation of confidentiality and only on a need-to-know basis.

– You agree to indemnify and hold myTomorrows harmless from and against all damages, losses, and expenses of any kind, including reasonable attorney fees and costs, arising out of, or related to:
o Breach of these terms, including the Data Processing terms;
o Breach of applicable laws, including but not limited to applicable data protection laws;

– You shall not, under any circumstances, use the documents and information that have been shared with you under the Referral Services for other purposes. In particular, you shall always request the patient’s or their physician’s consent before you consider the patient’s eligibility for a trial other than that for which the patient has been referred to you.

– If you download or otherwise use or make available the information or documents that have been shared with you on myTomorrows’ platform, you are solely responsible for the confidentiality and security of such information and documents.

c) International transfers of data

We may transfer personal data to a country outside the European Economic Area (“Third Country”) in accordance with the purposes described in our Privacy Statement.

If you are a healthcare professional using our Services to assess the potential eligibility of a patient for a clinical trial, we may share personal data with you, for instance, when we refer a patient that may be eligible for a trial conducted by you. If you are located in a Third Country, any (onward) transfer of personal data between you and myTomorrows shall take place in compliance with Chapter V of the GDPR.

To the extent the European Commission has decided that the Third Country where the personal data is transferred ensures an adequate level of data protection in accordance with Article 45 GDPR, the (onward) transfer of personal data will rely on such an adequacy decision.

In the absence of an adequacy decision of the European Commission personal data may only be transferred to a recipient in a Third Country if adequate transfer mechanisms in accordance with Chapter V of the GDPR are in place.

Under these circumstances, in the cases where myTomorrows acts as Controller of the data transferred, the Standard Contractual Clauses (“SCCs”), available here, shall apply by reference to these Terms. These SCCs and the annexes thereof form an integral part of the agreement between you and myTomorrows and are hereby entered into by you and MyTomorrows.
For such transfer, when you (“Data importer”) are based outside the EEA and we (“Data exporter”) transfer personal data to you for the purpose of referring a patient who may be eligible for a trial conducted by you, the terms of the Controller-Controller SCCs (module one) shall apply.

For the purpose of the SCCs (module one) the following shall apply:
 
• the option under clause 7 “docking clause” shall not apply;
• the option under clause 11 “redress” shall not apply;
• for the purpose of clause 13 “supervision” the Dutch Data Protection Authority (“DDPA”) is responsible for ensuring compliance with Regulation (EU) 2016/679;
• for the purpose of clause 17 “governing law”, you and myTomorrows agree that the governing law shall be the Dutch law in accordance with section 19 of these Terms;
• for the purpose of clause 18 “choice of forum and jurisdiction” the courts of the Netherlands shall have exclusive jurisdiction in accordance with section 19 of these Terms.
 
The information required for the purposes of the Annexes to the SCCs is set out in our Privacy Statement available here.

If at any time you cannot ensure compliance with the SCCs or if you become aware that the transfer of personal data may result in an increased risk of any public, private or governmental body in any Third Country mandating or obtaining access to personal data, you shall promptly inform MyTomorrows and shall agree to cooperate in good faith to promptly terminate the transfer or to pursue a suitable alternative mechanism that can lawfully support the transfer.

To the extent that the relevant transfer mechanism that is used to legitimize the transfer to a Third Country is subsequently modified, revoked, or held in a court of competent jurisdiction to be invalid, MyTomorrows may implement any additional measures or safeguards that may be reasonably required to enable the lawful transfer of personal data.

21.2. Patients and their caregivers

If you use our Services as a Patient, or as the Patient’s primary caregiver, the following additional terms apply to you.

If you are a Patient, you understand that our Services are not to be considered as medical advice. You should always discuss any information you receive from us with your treating physician.

If you upload documents on our platform, you are solely responsible for ensuring that they are reliable, accurate, relevant and sufficient to assess your situation.

If you are a caregiver acting on behalf of a Patient, you understand and agree that:
• You should only act on behalf of a Patient upon the Patient’s specific request. By using our Services, you represent and warrant that you act upon the Patient’s specific request and with their explicit consent to share their sensitive personal data.

 
21.3. BioPharma companies and Patient Advocacy Group

If you access our Services to receive information about the performance of one of our activities or the programs we manage and in which you are involved, you understand and agree that:
• Your access is personal and shall not be shared with third parties within or outside of your organization. If you believe another person should receive access to the program overview, please contact the responsible program manager;
• The information you receive is confidential and privileged. As such, you agree to only disclose it to persons who have a need-to-know and access such information in relation to activities or the program you are involved in;
 
These terms are in addition to any contractual agreement that may exist between the organization that you represent and myTomorrows. In case of contradiction between such contractual agreement and these terms, the contractual agreement shall prevail.

ANNEXES
Annex I: Data processing addendum (DPA) [https://mytomorrows.com/data-processing-addendum/]
Annex II: Business Associate Agreement (BAA) [https://mytomorrows.com/business-associate-agreement/]