GoodDay Terms of Service
Last Updated: 20 December 2024
Welcome to GoodDay ("Platform," "we," "us," or "our"), a clinical trial information platform operated by Xogene Services LLC ("Company"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Xogene regarding your use of our platform.
IMPORTANT NOTICES
1. Arbitration Notice
PLEASE READ THIS SECTION CAREFULLY. Except for certain types of disputes described in the Dispute Resolution section, you agree that disputes between you and Xogene will be resolved by binding, individual arbitration, and YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Medical Disclaimer
THE PLATFORM DOES NOT PROVIDE MEDICAL ADVICE. All content, including clinical trial information, is for informational purposes only. Never disregard professional medical advice or delay seeking it because of information obtained through our Platform.
3. Data Source Attribution
Much of the clinical trial information provided on our Platform is sourced from ClinicalTrials.gov, a service of the U.S. National Institutes of Health. This data is provided "as is" without warranty of any kind.
I. ACCEPTANCE AND PLATFORM OVERVIEW
By accessing or using the Platform, you represent that you:
- Have read and understood these Terms
- Agree to be bound by these Terms
- Are legally capable of entering into a binding contract
- Are at least 18 years of age
GoodDay provides:
- Access to clinical trial information
- Search functionality for finding relevant trials
- Plain Language Summaries (PLS) from select sponsors
- Optional account creation for enhanced features
- Trial tracking and saved searches capabilities
The Platform:
- Does not guarantee trial participation
- Cannot ensure clinical trial availability
- Does not provide medical recommendations
- Is not responsible for trial outcomes
- Does not verify all information provided by trial sponsors
II. USER RIGHTS AND RESPONSIBILITIES
Users may:
- Browse trials without creating an account
- Create one account per individual
- Must provide accurate, current information
- Verify email address for full functionality
Users must:
- Maintain password confidentiality
- Notify us of unauthorized access
- Update account information as needed
- Log out from shared devices
Users agree to:
- Provide accurate information
- Use the Platform lawfully
- Respect other users' privacy
- Report technical issues
- Maintain account security
III. PLATFORM USAGE AND RESTRICTIONS
Users may:
- Search for clinical trials
- Save and track trials of interest
- Download Plain Language Summaries
- Share trial information using platform tools
- Create and maintain one account
Users must not:
- Scrape or bulk download data
- Create automated accounts
- Misrepresent trial information
- Harass other users
- Circumvent security measures
- Upload malicious code
- Sell or transfer account access
- Violate intellectual property rights
IV. INTELLECTUAL PROPERTY RIGHTS
- All platform content, design, and functionality are owned by Xogene or its licensors
- Clinical trial data from ClinicalTrials.gov is subject to their terms of use
- Plain Language Summaries are owned by respective trial sponsors
Users receive:
- Non-exclusive, non-transferable license
- Personal, non-commercial use rights
- No ownership or derivative rights
- Revocable access privileges
V. PRIVACY AND DATA PROTECTION
We collect:
- Account information
- Usage data
- Search preferences
- Technical information
- Communication records
Information is used to:
- Provide platform services
- Improve user experience
- Maintain security
- Communicate updates
- Comply with legal obligations
VI. LIABILITY AND DISCLAIMERS
The Platform is provided "as is" without warranties of:
- Accuracy
- Completeness
- Availability
- Reliability
- Fitness for purpose
Xogene is not liable for:
- Medical decisions
- Trial participation outcomes
- Third-party content
- Service interruptions
- Data loss
VII. TERMINATION OF SERVICE
Xogene may terminate or suspend accounts for:
- Terms violations
- Extended inactivity
- Fraudulent activity
- Legal requirements
- Platform security concerns
Users may:
- Delete their account at any time
- Request data deletion
- Cancel optional services
- Retain access to public content
Upon termination:
- Saved data may be deleted
- Access rights cease
- Legal obligations continue
- Certain Terms remain enforceable
VIII. DISPUTE RESOLUTION
- These Terms are governed by the laws of the State of New Jersey
- Users agree to personal jurisdiction in New Jersey
- Choice of law provisions apply
Users agree to:
- Binding individual arbitration
- Waiver of jury trial
- Waiver of class actions
- American Arbitration Association rules
- Delaware venue for proceedings
The following may be filed in court:
- Intellectual property disputes
- Small claims matters
- Emergency injunctive relief
- Matters specifically excluded by law
IX. CHANGES TO TERMS OF SERVICE
Xogene reserves the right to:
- Modify these Terms
- Update platform features
- Change service offerings
- Adjust pricing (if applicable)
- Revise policies
We will provide notice through:
- Platform announcements
- Email notifications
- Website updates
- Account alerts
- Continued use constitutes acceptance
- Material changes require explicit consent
- Users may terminate service if they disagree
- Previous terms may apply to prior use
X. CONTENT AND DATA SOURCES
- Primary data sourced from ClinicalTrials.gov
- Attribution maintained as required
- Updated periodically as source data changes
- May include international trial databases
- Provided by trial sponsors
- Copyright remains with original owners
- May not be available for all trials
- Subject to separate terms of use
- Users retain ownership of submitted content
- Grant license for platform use
- Must respect third-party rights
- Subject to moderation
XI. ADDITIONAL TERMS
- Invalid terms shall be severed
- Remaining terms remain in effect
- Court may modify unenforceable terms
- Essential terms must remain valid
- Xogene may assign these Terms
- Users may not assign rights
- Notice will be provided of assignment
- Rights transfer with corporate changes
These Terms constitute:
- Complete understanding between parties
- Supersede prior agreements
- Include referenced policies
- Binding legal obligations
XII. CONTACT INFORMATION
For inquiries regarding these Terms:
- Email: [email protected]
For legal notices:
- Email: [email protected]
- Response within 5 business days
- Include account information
ACKNOWLEDGMENT
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ANY FUTURE MODIFICATIONS.
Last Updated: 20 December 2024