Terms of Service

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.

1.1 Acceptance of Terms

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

1.2 Platform Description

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

1.3 Platform Limitations

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

2.1 Account Creation

Users may:

• Browse trials without creating an account
• Create one account per individual
• Must provide accurate, current information
• Verify email address for full functionality

2.2 Account Security

Users must:

• Maintain password confidentiality
• Notify us of unauthorized access
• Update account information as needed
• Log out from shared devices

2.3 User Obligations

Users agree to:

• Provide accurate information
• Use the Platform lawfully
• Respect other users' privacy
• Report technical issues
• Maintain account security

3.1 Permitted Uses

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

3.2 Prohibited Activities

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

4.1 Platform Content

• 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

4.2 Limited License

Users receive:

• Non-exclusive, non-transferable license
• Personal, non-commercial use rights
• No ownership or derivative rights
• Revocable access privileges

5.1 Data Collection

We collect:

• Account information
• Usage data
• Search preferences
• Technical information
• Communication records

5.2 Data Usage

Information is used to:

• Provide platform services
• Improve user experience
• Maintain security
• Communicate updates
• Comply with legal obligations

6.1 Service Disclaimer

The Platform is provided "as is" without warranties of:

• Accuracy
• Completeness
• Availability
• Reliability
• Fitness for purpose

6.2 Limitation of Liability

Xogene is not liable for:

• Medical decisions
• Trial participation outcomes
• Third-party content
• Service interruptions
• Data loss

7.1 Account Termination

Xogene may terminate or suspend accounts for:

• Terms violations
• Extended inactivity
• Fraudulent activity
• Legal requirements
• Platform security concerns

7.2 User-Initiated Termination

Users may:

• Delete their account at any time
• Request data deletion
• Cancel optional services
• Retain access to public content

7.3 Effect of Termination

Upon termination:

• Saved data may be deleted
• Access rights cease
• Legal obligations continue
• Certain Terms remain enforceable

8.1 Governing Law

• 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

8.2 Arbitration Agreement

Users agree to:

• Binding individual arbitration
• Waiver of jury trial
• Waiver of class actions
• American Arbitration Association rules
• Delaware venue for proceedings

8.3 Exceptions to Arbitration

The following may be filed in court:

• Intellectual property disputes
• Small claims matters
• Emergency injunctive relief
• Matters specifically excluded by law

9.1 Modification Rights

Xogene reserves the right to:

• Modify these Terms
• Update platform features
• Change service offerings
• Adjust pricing (if applicable)
• Revise policies

9.2 Notice of Changes

We will provide notice through:

• Platform announcements
• Email notifications
• Website updates
• Account alerts

9.3 Acceptance of Changes

• Continued use constitutes acceptance
• Material changes require explicit consent
• Users may terminate service if they disagree
• Previous terms may apply to prior use

10.1 Clinical Trials Data

• Primary data sourced from ClinicalTrials.gov
• Attribution maintained as required
• Updated periodically as source data changes
• May include international trial databases

10.2 Plain Language Summaries

• Provided by trial sponsors
• Copyright remains with original owners
• May not be available for all trials
• Subject to separate terms of use

10.3 User-Generated Content

• Users retain ownership of submitted content
• Grant license for platform use
• Must respect third-party rights
• Subject to moderation

11.1 Severability

• Invalid terms shall be severed
• Remaining terms remain in effect
• Court may modify unenforceable terms
• Essential terms must remain valid

11.2 Assignment

• Xogene may assign these Terms
• Users may not assign rights
• Notice will be provided of assignment
• Rights transfer with corporate changes

11.3 Entire Agreement

These Terms constitute:

• Complete understanding between parties
• Supersede prior agreements
• Include referenced policies
• Binding legal obligations

For inquiries regarding these Terms:

• Email: [email protected]

For legal notices:

• Email: [email protected]
• Response within 5 business days
• Include account information