PharmasMarket Terms of Service
Last Updated: September 10, 2025
These Terms of Service ("Terms" or "ToS") govern your access to and use of the PharmasMarket website, platform, and services (collectively, the "Platform"), operated by PharmasMarket ("we," "us," "our," or "PharmasMarket"). The Platform connects vetted professionals in the pharmaceutical and biotechnology industries ("Talent" or "Experts") with companies seeking expertise ("Hirers" or "Clients") for projects, consultations, or roles. By accessing or using the Platform, creating an account, uploading content, or engaging in transactions, you agree to be bound by these Terms, our Privacy Policy, and any additional agreements (e.g., Confidential Disclosure Agreements or "CDAs"). If you do not agree, do not use the Platform.
We reserve the right to modify these Terms at any time, with or without notice, effective upon posting. Your continued use constitutes acceptance. We may, at our sole discretion, notify you of material changes via email or Platform notice.
1. Eligibility and Accounts
- Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract. Talent must be qualified professionals in pharma/biotech; Hirers must represent legitimate entities. You represent that all information provided is accurate, current, and complete.
- Account Creation: Register via forms or integrations. Provide accurate details, including CVs for Talent. Accounts are non-transferable. You are responsible for maintaining confidentiality and all activities under your account.
- Verification: We may verify identities, credentials, or backgrounds at our discretion. False information may result in suspension or termination.
- User Types:
- Talent: Upload CVs; answer generated questions; view/post availability; engage in matches.
- Hirers: Post needs; view anonymized matches; initiate engagements.
2. Platform Use
- General Rules: Use the Platform lawfully, ethically, and in compliance with these Terms. Prohibited: Misrepresentation, harassment, IP infringement, off-platform circumvention, unauthorized data scraping, or any illegal activity.
- Talent Services: Talent provides expertise via consultations, projects, or roles. You control your rates, availability, and responses. We facilitate but do not guarantee work or outcomes.
- Hirer Requests: Post accurate needs (e.g., expertise, duration, budget). Matching based on profiles; initial matches anonymized to prevent off-platform contact.
- Engagements: Use in-platform messaging/chat. Contracts/CDAs auto-generated (universal template; adjustable nuances like term length via dropdowns). All transactions must occur on-Platform; off-platform deals violate Terms and may result in bans, fees, or legal action.
- Anti-Circumvention: You agree not to solicit, accept, or engage in off-Platform transactions with matches discovered via the Platform for 12 months post-introduction. Violations incur fees (e.g., 30% of estimated value) and account termination. If a Talent is hired full-time, a conversion fee applies (15% of first-year salary if <6 months; free after). We reserve all rights to enforce, including monitoring and audits.
- Referrals: Our temporary Referral Program ("Program") is promotional and offered at our sole discretion. We may modify, suspend, or terminate it at any time without notice or liability. If you refer a user via your unique referral link and they sign up using that exact link (required; no retroactive credits or adjustments), you may earn 10% of our Platform fees from their earnings (deducted from our share, not theirs) for a period determined by us, subject to our approval and rules. No guarantees; earnings depend on referred user's activity. Program is not a contract; violations (e.g., spam, fraud) void eligibility and may lead to termination.
- Content: You grant us a non-exclusive, royalty-free license to use uploaded content (e.g., CVs, questions) for Platform operations, matching, and anonymized analytics. You retain ownership but warrant accuracy and non-infringement.
3. Payments and Fees
- Payments: Processed via secure providers. Hirers pay agreed rates; Talent receives payouts minus our fees. We reserve the right to change providers, rates, or structures at any time.
- Fees: We set and modify fees at our discretion (e.g., markup on rates: Hirer pays $140/hr, Talent receives $100/hr, we retain $40/hr). Commissions: 20% initial; tiered/flat for commoditized roles. No notice required for changes.
- Escrow/Payouts: Manual capture for escrow; releases on approval. Disputes resolved at our discretion or via arbitration.
- Taxes/Compliance: Users handle taxes; we report as required (e.g., 1099s). No liability for user compliance.
- Refunds: Non-refundable except for our errors, at our sole discretion.
4. Intellectual Property and Confidentiality
- Platform IP: We own all rights to the Platform, models, and aggregated/anonymized data. Limited license for use; no reverse-engineering.
- User IP: Retain rights to your content; grant us license for operations.
- CDAs: Auto-generated universal templates (e.g., 1-year term default; adjustable). Users agree to honor; we facilitate but are not party. Violations between users are their responsibility; report to us for enforcement (e.g., bans). We disclaim liability for breaches.
- Data Ownership: We own de-identified/aggregated data for improvements; no sale of personal data.
5. Warranties and Limitations
- No Warranties: Platform "as is"; no guarantees of matches, earnings, or outcomes. We disclaim all warranties (express/implied, merchantability, fitness).
- Liability Limitation: Our liability limited to fees paid in prior 12 months. No indirect/consequential damages (e.g., lost profits). Not liable for user disputes, IP breaches, or off-Platform actions.
- Indemnification: You indemnify us against claims from your use, content, or violations.
- Force Majeure: No liability for events beyond control (e.g., pandemics, hacks).
6. Termination and Disputes
- Termination: We may suspend/terminate accounts for any reason, including violations. Upon termination, settle outstanding payments; no refunds.
- Disputes: Binding arbitration (AAA rules) in Delaware; class actions waived. Governing law: Delaware, USA (without conflicts).
- Severability: Invalid provisions severed; remainder enforceable.
7. Miscellaneous
- Entire Agreement: These Terms supersede prior agreements.
- Assignment: We may assign; you may not without consent.
- Contact: support@pharmasmarket.com.
By using the Platform, you acknowledge understanding these Terms.