SeekTrial Terms of Use

1. DEFINITIONS

For purposes of these Terms:

“SeekTrial,” “we,” “our,” or “us” means SeekTrial.com and its parent company.

“Services” means the SeekTrial website, platform, applications, search tools, matching and search functionality, account features, notifications, communications, and related services.

“User,” “you,” or “your” means any individual who accesses or uses the Services whether for themselves or on behalf of others.

“Clinical Trial Information” means information concerning clinical research studies obtained from ClinicalTrials.gov and other publicly available or publicly accessible sources.

“AI Technology” means artificial intelligence, machine learning, natural-language processing, automated matching, ranking, summarization, classification, or other algorithmic technologies that may be incorporated into the Services.

2. ELIGIBILITY

You must be at least 18 years of age and legally capable of entering into a binding agreement to use SeekTrial. By using the Services, you represent and warrant that you satisfy these requirements. If you search for or submit information on behalf of another individual, you represent that you are legally authorized to provide the information and act on that individual's behalf. SeekTrial is not intended for children under 13. SeekTrial does not knowingly collect personal information from children under 13 in violation of applicable law.

3. DESCRIPTION OF THE SERVICES

SeekTrial is an independent, subscription-based clinical-trial search platform designed to organize publicly available clinical-trial information into a searchable and user-friendly experience. SeekTrial may search, organize, filter, summarize, compare, rank, or otherwise present publicly available information regarding clinical research studies, including information obtained from ClinicalTrials.gov and other publicly accessible research databases. The Services may help users identify clinical trials that may appear relevant based on information and search criteria supplied by the user.

SeekTrial does not:

• conduct clinical trials;
• sponsor clinical research;
• provide medical care;
• provide medical advice or medical opinions;
• diagnose medical conditions;
• prescribe or recommend treatments;
• determine actual clinical-trial eligibility;
• guarantee that a user qualifies for any clinical trial;
• guarantee that a user will be contacted, screened, accepted, or enrolled;
• guarantee that any particular clinical trial will remain available; or
• guarantee any medical, therapeutic, financial, or other outcome.

SeekTrial is a technology and information service and is not a healthcare provider, physician, clinical-trial investigator, research institution, clinical-trial sponsor, or medical advisor.

4. IMPORTANT MEDICAL DISCLAIMER

SEEKTRIAL DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR HEALTHCARE SERVICES. Information provided through the Services is for general informational and educational purposes only and is not a substitute for professional medical advice, diagnosis, treatment, or care. Nothing contained in the Services should be interpreted as:

• a diagnosis;
• a medical opinion;
• medical advice;
• a recommendation to begin, stop, or change treatment;
• a recommendation to participate in or avoid a clinical trial; or
• a representation that any clinical trial is safe, effective, appropriate, or suitable for you.

You should consult your physician or another appropriately licensed healthcare professional regarding your medical condition, diagnosis, treatment options, and whether participation in a clinical trial may be appropriate for you. Do not disregard, delay, or modify medical advice or treatment because of information obtained through SeekTrial. If you believe you are experiencing a medical emergency, immediately contact emergency medical services or obtain appropriate emergency medical care. SeekTrial is not an emergency medical service.

Users acknowledge that any compatibility score, ranking, recommendation, prediction, summary, or AI-generated output is intended solely as an informational tool and shall not be relied upon as the basis for any medical, treatment, diagnostic, or healthcare decision.

5. CLINICAL TRIAL ELIGIBILITY AND PARTICIPATION

SeekTrial helps users discover and explore publicly available clinical-trial information based on user-provided search criteria and information. SeekTrial does not independently determine whether a user qualifies for a clinical trial. Actual eligibility may depend upon information that SeekTrial does not possess, including medical records, laboratory results, imaging, pathology, prior treatment history, physician assessments, protocol-specific requirements, timing, geographic requirements, study capacity, or other criteria. Only the applicable clinical-trial sponsor, investigator, research institution, or authorized study personnel can determine actual eligibility and enrollment. A user may receive a search result, match, ranking, compatibility percentage, or other indication through SeekTrial without being eligible for the underlying study. Participation in a clinical trial is voluntary. Users should review study information carefully and discuss participation with their healthcare professional and the applicable study team.

6. SEARCH RESULTS, MATCHING, AND COMPATIBILITY SCORES

SeekTrial may provide search results, rankings, color-coded indicators, compatibility percentages, matches, summaries, explanations, or other information intended to help users understand how their information may correspond to publicly available clinical-trial criteria. These results are informational estimates only. A compatibility score or matching result:

• is not a medical determination;
• is not a diagnosis;
• is not a prediction of treatment success;
• is not a prediction of a clinical outcome;
• does not establish clinical-trial eligibility;
• does not guarantee acceptance or enrollment; and
• does not constitute medical advice or a treatment recommendation.

A high compatibility percentage does not guarantee eligibility, and a low compatibility percentage does not necessarily mean that you are ineligible. SeekTrial's results may be based on incomplete, outdated, or publicly available information and may not account for all criteria used by a study sponsor or investigator. Services are performed as Best Effort, based upon the publicly available information provided.

7. ARTIFICIAL INTELLIGENCE AND AUTOMATED TECHNOLOGY

Certain Services may use AI or Machine Learning Technology to search, organize, match, summarize, classify, rank, explain, or otherwise process information.

AI-generated or algorithmically generated results may contain errors, omissions, inaccuracies, outdated information, or interpretations that do not reflect the complete clinical-trial protocol. SeekTrial does not represent or warrant that AI-generated or algorithmically generated information is complete, accurate, error-free, or medically authoritative.

AI Technology is not a substitute for the independent judgment of a qualified healthcare professional, clinical-trial investigator, sponsor, or research coordinator. Users should independently verify material information with the applicable clinical-trial sponsor, investigator, research institution, or official clinical-trial registry before relying on it.

8. CLINICAL TRIAL INFORMATION AND DATA SOURCES

SeekTrial organizes information obtained from publicly available clinical-trial registries and other publicly accessible sources, including ClinicalTrials.gov. Clinical-trial information may be supplied, maintained, modified, or removed by study sponsors, investigators, research institutions, registries, or other third parties. Clinical-trial protocols, study status, eligibility criteria, locations, sponsor information, enrollment status, recruitment status, and other information may change at any time. Although SeekTrial strives to present useful, current, and accurate information, we do not warrant or guarantee that Clinical Trial Information is complete, accurate, current, available, reliable, or timely. Users should verify material study information directly with the study sponsor, research institution, investigator, or official clinical-trial registry before making decisions regarding participation.

9. INDEPENDENCE OF SEARCH RESULTS

SeekTrial is committed to providing an independent search experience. SeekTrial does not accept payment from clinical-trial sponsors or research organizations to promote, prioritize, manipulate, or influence the order in which clinical-trial search results are displayed. Search results are generated using publicly available information and SeekTrial's search, filtering, matching, and organizational methodologies. The inclusion of a clinical trial in the Services does not constitute an endorsement, recommendation, verification, approval, or guarantee concerning:

• the study;
• its safety or efficacy;
• its sponsor;
• its investigators;
• its healthcare providers;
• its participating institutions; or
• its likelihood of producing any particular result.

SeekTrial does not guarantee that every potentially relevant clinical trial will be identified.

10. COMMUNICATIONS WITH CLINICAL TRIAL TEAMS

SeekTrial may provide functionality allowing a user to submit information or an inquiry to a clinical-trial sponsor, investigator, research coordinator, or research institution. If you choose to use this functionality, you authorize SeekTrial to transmit the information necessary to facilitate the communication you requested, subject to your choices and our Privacy Policy and Consumer Health Data Notice. Where available, SeekTrial may provide you with a copy of communications sent on your behalf so that you can remain informed and in control of your interaction with the study team. SeekTrial does not guarantee that:

• a study team will receive your submission;
• a study team will respond;
• you will be contacted;
• you will be screened;
• you will be accepted;
• you will be enrolled; or
• the study will remain available.

Any subsequent communication, screening, medical evaluation, informed-consent process, enrollment decision, treatment, or participation occurs independently of SeekTrial.

11. USER INFORMATION, HEALTH INFORMATION, AND PRIVACY

Certain Services may require or allow you to submit personal information, including information relating to your health or medical condition. Our collection, use, storage, disclosure, retention, and protection of personal and health-related information are governed by our Privacy Policy and Consumer Health Data Notice, each of which is incorporated into these Terms by reference.

By using the Services and providing information, you acknowledge that you have reviewed the applicable privacy notices and provided any legally required consents. You represent that information you provide is accurate to the best of your knowledge and that you have the legal right and authority to provide it. You should not submit another person's personal or health information unless you are legally authorized to do so.

12. HIPAA AND OTHER HEALTH-DATA LAWS

SeekTrial may or may not be subject to the Health Insurance Portability and Accountability Act (“HIPAA”) depending on the nature of a particular service, relationship, transaction, or deployment. Nothing in these Terms represents that SeekTrial is universally a HIPAA covered entity or business associate. Where HIPAA does not apply, other federal and state privacy, security, consumer-protection, and health-data laws may apply. SeekTrial will handle personal and health-related information in accordance with its Privacy Policy, Consumer Health Data Notice, and applicable law.

13. DATA SECURITY AND BREACH NOTIFICATION

SeekTrial maintains reasonable and industry standard safeguards designed to protect information processed through the Services. However, no electronic system, internet transmission, database, or storage environment can be guaranteed to be completely secure. If SeekTrial experiences a security incident or unauthorized disclosure that triggers a legal notification obligation, SeekTrial will provide notifications and take other actions as required by applicable federal and state law. Depending upon the circumstances and SeekTrial's regulatory status, applicable requirements may include federal and state breach-notification laws, the FTC Health Breach Notification Rule, HIPAA, or other applicable requirements. Nothing in these Terms limits any legally required notification obligation.

14. SUBSCRIPTION FEES AND PAYMENTS

Certain features of the Services require payment of a subscription fee. Before completing a purchase, the applicable price, subscription period, material terms, and applicable renewal terms will be presented to you. By purchasing a subscription, you agree to pay the applicable fees disclosed at the time of purchase.

Unless otherwise expressly stated at the time of purchase, a subscription provides access to the applicable paid Services for one (1) year from the date of purchase. Search results are best effort based on information provided publicly to SeekTrial and no guarantee is expressed or implied, including the possibility of acceptance in a clinical trial. Access expires at the end of the subscription period unless you purchase another subscription or otherwise renew as expressly provided at the time of purchase. All fees are charged in U.S. Dollars unless otherwise stated.

15. REFUNDS AND CANCELLATIONS

Unless otherwise required by applicable law or expressly stated at the time of purchase, subscription fees are non-refundable. Except where required by law, no refunds, credits, or partial refunds will be issued for unused subscription time, changes in personal circumstances, failure to use the Services, or dissatisfaction with the Services.

Nothing in this provision limits any non-waivable consumer right or remedy provided by applicable law. If a subscription is eligible for cancellation, cancellation will prevent future charges as applicable but does not necessarily entitle you to a refund for the unused portion of an already-paid subscription period unless required by law.

16. AUTOMATIC RENEWAL

SeekTrial subscriptions do not automatically renew unless you expressly authorize automatic renewal at the time of purchase or through an applicable account setting. If automatic renewal is offered, SeekTrial will clearly disclose the material terms of the renewal, including the applicable price or pricing structure and renewal terms, before obtaining payment information and obtaining any legally required consent. Where applicable law requires additional disclosures, reminders, confirmations, or cancellation rights, SeekTrial will provide them.

SeekTrial will provide a simple mechanism for canceling automatic renewal, and cancellation will be available through the same or a comparably accessible method required by applicable law. Where online enrollment is offered, SeekTrial will not require a consumer to complete an unnecessarily burdensome process to cancel an automatically renewing subscription.

17. PAYMENT PROCESSING

Payments may be processed through independent third-party payment processors. SeekTrial does not intentionally store complete payment-card information on its own systems when payment processing is performed by a third-party payment processor. Your payment information may be subject to the terms and privacy practices of the applicable payment processor. By purchasing a subscription, you agree to comply with the applicable terms and conditions of the payment processor.

18. PRICING CHANGES

SeekTrial reserves the right to modify subscription prices, plans, or features. Unless otherwise required by law, pricing changes will apply to future purchases or renewals and will not alter the price of an active, already-paid subscription period. Where legally required, SeekTrial will provide appropriate notice before a price change becomes effective.

19. USER ACCOUNTS

You are responsible for maintaining the confidentiality of your account credentials and for activities occurring under your account. You agree to provide accurate, current, and complete information when creating an account and to update information when reasonably necessary.

You may not:

• impersonate another person;
• create an account using false information;
• access another person's account without authorization; or
• permit unauthorized individuals to use your account.

Your subscription and account are intended for your individual use and may not be shared, transferred, sold, or assigned without prior written consent from SeekTrial. If you believe your account has been accessed without authorization, you should notify SeekTrial promptly.

20. ELECTRONIC COMMUNICATIONS

By creating an account or using the Services, you consent to receive electronic communications from SeekTrial concerning:

• account activity;
• subscription confirmations;
• payment receipts;
• security matters;
• service announcements;
• requested clinical-trial communications;
• changes to the Services; and
• other transactional or service-related matters.

Where required by law, marketing communications will be sent only with appropriate consent. You may unsubscribe from promotional communications at any time using the unsubscribe mechanism provided in the communication. Opting out of marketing communications does not necessarily prevent transactional, security, account, or legally required communications.

21. TEXT MESSAGES AND TELEPHONE COMMUNICATIONS

If you provide a telephone number and consent to receive calls or text messages from SeekTrial, your consent will be handled in accordance with applicable federal and state law. Marketing consent is not a condition of purchasing or using SeekTrial unless otherwise permitted by applicable law. You may opt out of promotional text messages by following the instructions provided in the applicable message. Transactional or service-related messages may continue where legally permitted and reasonably necessary to provide the Services.

22. ACCEPTABLE USE

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:

1. use the Services in violation of any applicable law or regulation;
2. submit false, misleading, fraudulent, or unauthorized information;
3. impersonate another person;
4. attempt to gain unauthorized access to the Services, accounts, servers, databases, or networks;
5. interfere with or disrupt the operation, security, or availability of the Services;
6. copy, scrape, harvest, reproduce, or redistribute SeekTrial content without permission, except as permitted by applicable law;
7. upload or transmit viruses, malicious code, or other harmful technology;
8. use automated tools, bots, scripts, or similar technologies to access, monitor, or extract data without authorization;
9. reverse engineer or attempt to derive source code from the Services except to the extent prohibited by applicable law;
10. use the Services in a manner that could damage, disable, overburden, or impair the platform;
11. use SeekTrial information to make medical decisions for another person without appropriate authority or professional responsibility; or
12. use SeekTrial information or outputs as a substitute for professional medical judgment.

23. INTELLECTUAL PROPERTY

The Services, including their design, software, functionality, user interfaces, text, graphics, logos, trademarks, databases, compilations, and other original content, are owned by or licensed to SeekTrial and are protected by applicable intellectual-property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, reproduce, create derivative works from, publicly display, commercially exploit, or otherwise use protected SeekTrial content without prior written authorization. Clinical-trial information may originate from public or third-party sources and remains subject to any applicable rights, terms, licenses, or conditions governing those sources. Nothing in these Terms grants you ownership of third-party content.

The compilation, selection, coordination, arrangement, presentation, matching methodologies, compatibility algorithms, search methodologies, scoring methodologies, databases, software, data structures, user interface elements, and other proprietary aspects of the Services constitute valuable intellectual property owned by SeekTrial and are protected by applicable intellectual property and unfair competition laws. Users may not reproduce, scrape, harvest, extract, copy, index, mirror, benchmark, train artificial intelligence models upon, create derivative works from, or otherwise exploit any substantial portion of the Services or underlying databases without prior authorized written consent from SeekTrial.

24. USER FEEDBACK

If you voluntarily provide comments, suggestions, ideas, recommendations, or other feedback regarding SeekTrial, you grant SeekTrial a non-exclusive, worldwide, royalty-free right to use, reproduce, modify, and incorporate such feedback into its products and services without compensation or attribution, subject to applicable law and our Privacy Policy.

25. THIRD-PARTY WEBSITES AND SERVICES

The Services may contain links, integrations, information, or references to third-party websites, clinical-trial registries, sponsors, investigators, research institutions, healthcare organizations, payment processors, or other external resources. SeekTrial does not own or control third-party websites or services and is not responsible for their content, accuracy, availability, privacy practices, security, products or services, clinical trials, medical services, or terms of use. Your interactions with third parties are solely between you and the applicable third party and may be governed by separate terms and privacy policies.

26. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SeekTrial makes no express or implied warranties regarding the Services or Clinical Trial Information, including warranties of accuracy, completeness, reliability, timeliness, availability, suitability, merchantability, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation. SeekTrial does not warrant that:

• every potentially relevant clinical trial will be identified;
• Clinical Trial Information will always be current or accurate;
• a particular clinical trial will remain available;
• you will qualify for a clinical trial;
• you will be contacted by a study team;
• you will be accepted or enrolled;
• a clinical trial will be safe or effective;
• participation will provide any particular benefit; or
• any medical or clinical outcome will occur.

Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot lawfully be excluded or limited under applicable law.

27. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, SeekTrial and its respective officers, directors, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, data, goodwill, opportunity, or other intangible losses arising from or relating to your use of or inability to use the Services.

To the maximum extent permitted by law, the aggregate total liability for any claims arising out of or relating to the Services will not exceed the amount you paid SeekTrial for the applicable subscription during the twelve (12) months preceding the event giving rise to the claim. These limitations do not apply to liability that cannot lawfully be excluded or limited.

28. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SeekTrial and its respective officers, directors, employees, contractors, licensors, and service providers from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from:

1. your use or misuse of the Services;
2. your violation of these Terms;
3. information you submit through the Services;
4. your violation of applicable law; or
5. your violation of the rights of another person.

This provision does not require you to indemnify SeekTrial for its own unlawful conduct, negligence, or other liability to the extent prohibited by applicable law.

29. SUSPENSION AND TERMINATION

SeekTrial may suspend, restrict, or terminate your access to the Services where reasonably necessary, including if we reasonably believe that you:

• violated these Terms;
• engaged in unlawful, fraudulent, or abusive activity;
• attempted to compromise the security of the Services;
• interfered with the operation of the Services; or
• used the Services in a manner that could harm SeekTrial, its users, or third parties.

You may stop using the Services at any time. Termination does not entitle you to a refund of previously paid fees except where required by applicable law. SeekTrial may discontinue or materially modify all or part of the Services. Where reasonably practicable and legally required, SeekTrial will provide appropriate advance notice of material changes.

30. CONSUMER RIGHTS AND STATE-SPECIFIC LAWS

Certain federal and state laws provide consumers with rights, remedies, and protections that cannot be waived or limited by contract. Nothing in these Terms is intended to waive, restrict, or eliminate any right or remedy that cannot lawfully be waived. SeekTrial will comply with applicable federal and state consumer-protection, privacy, health-data, data-security, subscription, automatic-renewal, and other applicable requirements. Where required by law, SeekTrial may provide additional state-specific privacy notices, disclosures, rights, or procedures through its Privacy Policy, Consumer Health Data Notice, or other applicable notices.

31. GOVERNING LAW AND DISPUTE RESOLUTION (BINDING ARBITRATION; CLASS ACTION WAIVER)

You agree to comply with applicable United States export-control, sanctions, and other applicable laws and regulations when accessing or using the Services. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles, except to the extent applicable law requires otherwise.

Except for claims that qualify for small claims court and claims seeking injunctive relief for actual or threatened infringement, misappropriation, or violation of intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your use of the Services, the collection or processing of information, or the relationship between you and SeekTrial shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. Arbitration shall be conducted before a single arbitrator. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL ARBITRATIONS SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. YOU AND SEEKTRIAL EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, MASS ACTION, CONSOLIDATED ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PERSONS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS DETERMINED TO BE UNENFORCEABLE, THEN THIS ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID TO THAT EXTENT.

32. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

33. NO WAIVER

The failure of SeekTrial to enforce any provision of these Terms does not constitute a waiver of that provision or its right to enforce it later.

34. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Consumer Health Data Notice, and any other policies expressly incorporated by reference, constitute the entire agreement between you and SeekTrial concerning your use of the Services and supersede prior or contemporaneous communications, understandings, or agreements relating to the subject matter of these Terms.

35. CHANGES TO THESE TERMS

SeekTrial may update these Terms from time to time to reflect changes in the Services, legal requirements, technology, or business practices. When material changes are made, SeekTrial will update the “Last Updated” date and, where required by applicable law, provide additional notice. Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

36. FORCE MAJEURE

SeekTrial will not be liable for delay or failure to perform obligations under these Terms resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, internet or telecommunications failures, cyberattacks, power outages, infrastructure failures, or other events beyond reasonable control.

37. CONTACT INFORMATION

Questions regarding these Terms of Use may be directed to TermsofUse<at>SeekTrial<dot>com

Other inquiries to this email address will not receive replies.