Effective date: 1 July 2026
Last updated: 1 July 2026
1. Introduction
Welcome to Kitsa. These Terms and Conditions ("Terms") govern your access to and use of Kitsa Inc.'s ("Kitsa," "we," "our," or "us") website, platform, and related products and services (together, the "Services").
Our platform provides AI-powered tools for clinical research, including KScribe (regulatory document authoring), KScout (intelligent site selection), and KScreener (patient pre-screening). The Services are intended primarily for use by organizations engaged in clinical research, such as sponsors, contract research organizations (CROs), and clinical research sites, and by their authorized personnel.
By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you agree to these Terms on that organization's behalf and represent that you have authority to do so. If you do not agree, do not use the Services.
2. Definitions
- "Customer" means the organization or individual that accesses the Services.
- "Authorized User" means a person a Customer permits to use the Services on its behalf.
- "Customer Data" means data, documents, and other content that a Customer or Authorized User submits to, or connects with, the Services.
- "Output" means the results generated by the Services, including document drafts, site scores and shortlists, and pre-screening results and eligibility reasoning.
3. Relationship to Other Agreements
If you have entered into a separate written agreement with Kitsa governing your use of the Services (for example, a Master Services Agreement, order form, Business Associate Agreement (BAA), or Data Processing Agreement (DPA)), that agreement governs your use of the Services. In the event of a conflict between these Terms and such an agreement, the separate agreement controls with respect to its subject matter. These Terms otherwise govern general use of our website and any use of the Services not covered by a separate agreement.
4. Eligibility and Accounts
You represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization.
You are responsible for maintaining the confidentiality of your account credentials, for all activity that occurs under your account, and for ensuring that your Authorized Users comply with these Terms. Notify us promptly of any unauthorized use of your account.
5. Use of the Services
5.1 Permitted Use
You may use the Services only for lawful purposes and in accordance with these Terms and any applicable separate agreement.
5.2 Prohibited Use
You agree not to:
- Use the Services in any way that violates any applicable federal, state, local, or international law or regulation, or any clinical-research, privacy, or data-protection requirement.
- Submit Customer Data to the Services without all rights, authorizations, approvals (including any required institutional review board / ethics approvals), and consents necessary to do so.
- Attempt to re-identify any de-identified data, or otherwise circumvent privacy or security controls.
- Impersonate Kitsa, a Kitsa employee, another user, or any other person or entity.
- Reverse engineer, decompile, scrape, or attempt to extract the source code, models, or underlying technology of the Services, except to the extent this restriction is prohibited by law.
- Use the Services, or any Output, to build a competing product or to train any machine-learning or AI model.
- Interfere with or disrupt the integrity or performance of the Services, or engage in conduct that restricts or inhibits anyone's use of the Services or that may harm Kitsa or its users.
You are responsible for any information you choose to publish or make publicly visible through the Services, including public profile content, and you must have the rights necessary to do so. How public profile visibility works is described in our Privacy Policy.
6. Customer Data and Content
As between you and Kitsa, you (or your organization, licensors, or the applicable data controller) retain all right, title, and interest in Customer Data. Kitsa does not claim ownership of Customer Data.
You grant Kitsa a limited, non-exclusive license to host, process, and use Customer Data solely to provide, secure, and support the Services for you. Kitsa's handling of personal information and Protected Health Information (PHI) contained in Customer Data is described in our Privacy Policy and is governed by any applicable BAA and/or DPA.
You represent and warrant that you have all rights, authorizations, approvals, and consents necessary to submit Customer Data to the Services and to authorize its processing, and you are responsible for the accuracy and legality of Customer Data.
7. AI-Generated Outputs; No Professional or Medical Advice
The Services use large language models and other AI to generate Output. Output is a decision-support aid intended to assist qualified professionals. Output is not a substitute for professional medical, clinical, scientific, regulatory, or legal judgment, and no doctor–patient relationship is created by your use of the Services.
AI-generated Output may contain errors, omissions, or inaccuracies. Although the Services are designed to provide source-traceability and supporting evidence, you are responsible for independently reviewing, validating, and verifying all Output against source data and applicable requirements before relying on or acting on it. In particular, and without limitation:
- KScribe Output consists of draft documents that require review and approval by qualified medical writers and regulatory professionals. Kitsa does not guarantee that any document will be accepted by, or will comply with the requirements of, any regulatory authority.
- KScout Output consists of analytical aids to support site-selection decisions. Final site-selection decisions are your responsibility.
- KScreener Output consists of pre-screening indications only. It does not constitute a determination of patient eligibility, a medical diagnosis, or medical advice. Final eligibility and enrollment decisions must be made by qualified clinical personnel (such as the investigator or study coordinator) in accordance with the study protocol and applicable law.
Where any Kitsa information about clinical trials is made available to patients or the public, it is provided for general informational purposes only, and individuals should seek the advice of a qualified healthcare provider regarding any medical condition or clinical trial.
8. Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use, disclose, and protect information. For Customers whose use involves personal data or PHI, data handling is further governed by any applicable BAA and/or DPA.
9. Intellectual Property
9.1 Ownership of the Services
All content, features, and functionality of the Services — including text, graphics, logos, images, software, models, and the selection and arrangement thereof — are the exclusive property of Kitsa or its licensors and are protected by United States and international intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights in the Services are granted to you.
9.2 Limited License
Subject to these Terms and any separate agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business and clinical-research purposes. You may use Output for those purposes. This license does not permit resale of the Services, or the distribution, public display, or creation of derivative works from the Services or their content, except as expressly permitted.
9.3 Feedback
If you provide suggestions or feedback about the Services, you grant Kitsa a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
10. Disclaimers
The Services are provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, Kitsa disclaims all warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties regarding the accuracy, reliability, or availability of the Services or Output. Your use of the Services is at your sole risk. This Section is in addition to, and does not limit, the Output-specific provisions in Section 7.
11. Limitation of Liability
To the fullest extent permitted by law, Kitsa and its affiliates, directors, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, use, or goodwill, arising out of or relating to your use of or inability to use the Services, any unauthorized access to your data, or any interruption of the Services. Any liability caps and remedies applicable to paid Services are as set out in the applicable separate agreement.
12. Indemnification
You agree to defend, indemnify, and hold harmless Kitsa and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents, from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your Customer Data, or your use of the Services, including your use of any Output and your violation of any applicable law, regulation, or third-party rights.
13. Modifications to the Services and Terms
We may modify or discontinue the Services (or any part) at any time, with or without notice. We may also update these Terms; changes are effective upon posting of the revised Terms, and your continued use of the Services constitutes acceptance. We encourage you to review these Terms periodically.
14. Termination
We may suspend or terminate your access to the Services, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Services will cease. Return, retention, and deletion of Customer Data following termination are handled as described in our Privacy Policy and any applicable separate agreement.
15. Governing Law and Jurisdiction
These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.
16. Severability
If any provision of these Terms is found invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and any separate written agreement between you and Kitsa, constitute the entire agreement between you and Kitsa regarding the Services and supersede any prior agreements on the same subject.
18. Contact Information
If you have questions about these Terms, contact us at:
Kitsa Inc. 200 Connell Dr, Suite 1000 Berkeley Heights, NJ 07922, USA Email: contact@kitsa.com Phone: +1 (908) 280-2100
By using the Services, you agree to these Terms and Conditions.