Enterprise Terms of Service

1. Nature of the Platform

CDMOHUB is a neutral technology platform that facilitates introductions and communications between pharmaceutical companies, biotechnology companies, and contract development and manufacturing organizations (CDMOs).

CDMOHUB is not a broker, agent, distributor, representative, manufacturer, testing laboratory, auditor, or contracting party to any agreement between users.

CDMOHUB does not vet, audit, validate, or verify user-provided information, certifications, GMP status, inspection history, regulatory compliance, or technical capabilities.

All negotiations, due diligence, quality agreements, regulatory submissions, manufacturing activities, and commercial contracts occur solely between users.

2. No Manufacturing or Regulatory Warranty

CDMOHUB does not guarantee:

• Batch success
• Process validation outcomes
• Regulatory approval or inspection outcomes
• GMP compliance
• Technology transfer success
• Clinical trial outcomes
• Commercial scale-up performance
• Supply continuity

All manufacturing, regulatory, and quality outcomes remain solely the responsibility of the contracting parties.

3. No Agency or Partnership

Nothing in these Terms creates any partnership, joint venture, employment, agency, fiduciary, franchise, or brokerage relationship between CDMOHUB and any user, or between users themselves.

4. User Accounts and Eligibility

Users must be authorized representatives of legally registered business entities. Users are responsible for maintaining accurate account information and safeguarding login credentials.

CDMOHUB may suspend or terminate accounts for breach, misrepresentation, regulatory risk, or non-payment.

5. User Content and Intellectual Property

Users may upload capabilities descriptions, regulatory certifications, manufacturing specifications, proprietary process information, and related materials (“User Content”). Users retain ownership of User Content.

By uploading User Content, users grant CDMOHUB a limited, worldwide, non-exclusive, royalty-free license to host, display, process, and distribute such content solely for operation of the Platform.

Users represent that:

• They have lawful rights to upload such content.
• The content does not infringe third-party intellectual property.
• Regulatory claims are accurate and not misleading.

CDMOHUB does not verify or guarantee the accuracy of User Content.

6. Confidentiality and Proprietary Information

The Platform is not a secure data room unless expressly agreed in writing.

Users share confidential or proprietary information at their own risk and are responsible for executing NDAs with counterparties.

CDMOHUB is not liable for misuse, unauthorized disclosure, or economic loss arising from information exchanged between users.

6.1 Smart RFI Platform Mutual NDA

By using the CDMO Hub Smart RFI feature, every user agrees to this mutual non-disclosure covenant (the “Platform Mutual NDA”):

• Any Request for Information (“RFI”) content, buyer identity, project scope, supplier responses, question-and-answer threads, engagement analytics, and files exchanged through Smart RFI are confidential.
• The fact that an RFI has been issued (including buyer and supplier identities) is itself confidential.
• Confidentiality obligations persist for five (5) years from disclosure, and indefinitely for trade secrets.
• Information that is already publicly known, independently developed without reference to the disclosed information, or required by law to be disclosed is excluded from these obligations.
• This Platform Mutual NDA is the default confidentiality layer for every RFI issued in “Platform ToS” mode. Buyers may elect a per-project NDA (CDMO Hub Mutual NDA template or their own custom PDF), which supersedes this clause for the relevant RFI.

By clicking “I accept the Terms of Use” at signup or when prompted to re-accept after a material amendment, you acknowledge you have read, understood, and agreed to this Platform Mutual NDA.

7. Subscription, Billing, and Termination

CDMOHUB offers monthly and annual subscriptions billed in advance.

Subscriptions automatically renew unless terminated with sixty (60) days written notice prior to renewal.

Failure to pay within thirty (30) days of invoice due date may result in suspension or termination of access.

Fees are non-refundable except as required by law.

CDMOHUB may terminate access for material breach, regulatory risk exposure, sanctions violations, or misuse of the Platform.

8. Acceptable Use

Users may not:

• Scrape, harvest, or extract platform data
• Reverse engineer platform functionality
• Upload false certifications
• Misrepresent regulatory status
• Use the Platform for unlawful or sanctioned activities
• Build competing databases using platform data

9. Dispute Responsibility

All disputes between users—including those related to manufacturing, quality, regulatory compliance, intellectual property, payment, or contractual performance—are solely between those users.

CDMOHUB is not obligated to mediate, investigate, or resolve user disputes.

10. Indemnification

Users agree to indemnify and hold harmless CDMOHUB from claims arising from:

• Regulatory violations
• False certifications or misrepresentations
• Intellectual property infringement
• Product liability claims
• Recalls
• Export control or sanctions violations
• Data protection violations caused by user misconduct
• Breach of agreements between users

11. Limitation of Liability

To the maximum extent permitted by law, CDMOHUB shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, regulatory delays, recalls, clinical delays, or business interruption.

Total aggregate liability shall not exceed subscription fees paid in the twelve (12) months preceding the claim, regardless of legal theory.

12. Export Control and Sanctions Compliance

Users agree to comply with:

• U.S. Export Administration Regulations (EAR)
• OFAC sanctions regulations
• EU Dual-Use Regulation
• Applicable restricted party screening requirements

Users may not use the Platform in violation of applicable export control or sanctions laws.

13. No Warranty and Platform Availability

The Platform is provided “as is” and “as available.” CDMOHUB disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and security guarantees.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware.

Any dispute shall be resolved by binding arbitration in Delaware under the rules of the American Arbitration Association.

Users waive jury trial and class action rights.

15. Survival

Sections relating to Intellectual Property, Confidentiality, Indemnification, Limitation of Liability, Export Control, Governing Law, and Survival shall survive termination.