Online Subscription Terms
Effective date: November 13, 2026
These Online Subscription Terms (these “Terms”) are a binding agreement between XCancer Software, LLC, a Nebraska limited liability company doing business as TheranosticTrials.Org (“Company,” “we,” “us,” or “our”), and the individual or organization making the purchase (“Client” or “you”). Company maintains a website at www.theranostictrials.org (the “Website”) that lets the public search for and obtain information about current or pending clinical trials (“Clinical Trials”). These Terms apply to each subscription to the Services (defined below) that Client purchases through the Website and pays for through Paddle.com, Company’s online reseller (see Section 8) (each, a “Subscription”), including any Free Trial.
1. ACCEPTANCE OF TERMS; CLICKWRAP AGREEMENT
(a) Acceptance. Before Client may start a Free Trial or Subscription, the Website will require Client to check a box confirming that Client has read and agrees to these Terms and the Privacy Policy located at https://www.theranostictrials.org/privacy-policy (the “Privacy Policy”). By checking the box and clicking the button to complete the purchase, Client acknowledges that Client has read, understood, and agrees to be bound by these Terms. If Client does not agree, Client must not check the box or complete the purchase.
(b) Eligibility and Authority. Client represents and warrants that: (i) the individual completing the purchase is at least eighteen (18) years old; (ii) the Subscription is for business, professional, academic, or research purposes and not for personal, family, or household purposes; and (iii) if the individual is purchasing on behalf of an organization, he or she has full authority to bind that organization to these Terms, in which case “Client” and “you” refer to that organization.
(c) Electronic Acceptance. Client’s electronic acceptance is Client’s valid, binding, and enforceable signature and assent to these Terms to the same extent as a handwritten signature, consistent with the U.S. Electronic Signatures in Global and National Commerce Act and the Nebraska Uniform Electronic Transactions Act. Company’s electronic records of the version of these Terms presented, the date and time of acceptance, the IP address, and the email address or account used to accept are prima facie evidence of Client’s acceptance. Company will email Client a confirmation that includes or links to these Terms, and Client should save a copy.
(d) Relationship to Other Agreements. These Terms apply only to Subscriptions. If Client and Company have signed or electronically accepted a Master Services Agreement or Statement of Work that covers the same Services, that agreement governs and these Terms do not modify it.
2. THE SUBSCRIPTION
(a) Services. Company offers organizations and individuals interested in Clinical Trials a subscription that gives one (1) individual access to the Analytics on the monthly or annual plan Client selects at checkout, as described on the checkout page and in the confirmation email (the “Order”) (the “Services”). Each monthly or annual billing period is an “Access Period.”
(b) Automatic Renewal; Cancellation. Client’s Subscription renews automatically at the end of each Access Period for another Access Period of the same length, and Paddle will charge Client’s payment method on file the then-current Fees at the start of each renewal, until Client cancels. The current Fees are US$79 per month for the monthly plan and US$750 per year for the annual plan, plus applicable taxes. Client may cancel at any time through Client’s account on the Website, through the link in any Paddle receipt or email, or at paddle.net. Cancellation stops future renewals and takes effect at the end of the current Access Period; Client keeps access until then, and Fees already paid are not refunded except as provided in Section 8(d). For annual plans, Company will email Client a reminder between fifteen (15) and forty-five (45) days before each renewal. Company will email Client at least thirty (30) days before any increase in the Fees takes effect, and the increase will apply starting with the first renewal after that notice period.
(c) Access. Access to the Analytics under a Subscription begins when Paddle confirms payment. Access under a Free Trial begins when Client starts it. Client must provide accurate contact information.
(d) Certain Definitions. In these Terms: “Analytics” means the Data Explorer platform, dashboards, custom reports, alerts, and related tools, together with the compiled factual data and metrics regarding Clinical Trials and Website visitor engagement, that Company makes available through the Website. “Analytics Outputs” means all data, tables, charts, maps, dashboards, summaries, metrics, reports, snapshots, exports, and other outputs made available to Client through the Services or the Analytics, in any form and however generated. “Company Data” means the compiled factual data, databases, and datasets that Company collects, compiles, organizes, curates, normalizes, tags, and enriches from Public Source Data and other sources, including the structure, selection, and arrangement of them, but excluding Public Source Data as such. “Company IP” means the Website, the Services, the Analytics, the Analytics Outputs, the Company Data, the Aggregated Statistics (defined below), and Company’s software, algorithms, statistical and artificial-intelligence tools, methods, and technology, together with all improvements and derivative works of any of them and all intellectual property rights in them, but excluding Public Source Data as such. “Derived Findings” means any findings, conclusions, charts, statistics, or other work product created by Client from Analytics Outputs, to the extent they reproduce, summarize, or are derived from Analytics Outputs. “Public Source Data” means raw data that is publicly available from its original source (for example, ClinicalTrials.gov or the EU Clinical Trials Register), in the form in which that source makes it available, before any compilation, organization, normalization, or enrichment by or for Company.
(e) Free Trial. A new Client may start one free trial of the Analytics (a “Free Trial”). The Free Trial lasts seven (7) days from the first time Client opens the Analytics and includes up to five (5) searches, and some Analytics features may be limited during it. No payment method is required, no Fees are charged, and the Free Trial does not convert into a paid Subscription: Client becomes a paid subscriber only by purchasing a plan at checkout. When the Free Trial ends, Client’s access to the Analytics under it ends. Free Trials are limited to one per individual, and Company may decline or end a Free Trial that it reasonably believes is being misused.
3. LICENSE; PERMITTED USE
(a) License. Subject to Client’s payment of the Fees and compliance with these Terms, Company grants Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services and the Analytics Outputs, during the Free Trial and each paid Access Period, by one (1) individual, solely for Client’s own internal business, professional, academic, or research use to: (i) plan, benchmark, and evaluate Client’s own clinical trial recruitment, site selection, timelines, and patient-engagement strategy; (ii) assess the competitive landscape, pipeline, and deal or partnering opportunities for Client’s own programs or investments; and (iii) inform Client’s internal regulatory planning (the “Permitted Purpose”), and, except as permitted by Section 3(c), not for the benefit of any third party. The Services and Analytics Outputs are licensed, not sold.
(b) Credentials. Access to the Analytics is limited to the one (1) individual who registered for the Subscription, using only his or her own unique login credentials. Client must not share or transfer credentials or permit use by anyone else, and must notify Company immediately of any unauthorized access or credential compromise.
(c) Presentations and Publications; Attribution. Client may use Analytics Outputs and Derived Findings, including charts, graphics, images, tables, and data excerpts, in Client’s presentations and publications (for example, journal articles, conference and congress presentations, posters, white papers, and slide decks), if each use (i) credits “Source: TheranosticTrials.org, data as of [date]” prominently and adjacent to the chart, graphic, image, table, or excerpt, (ii) keeps all watermarks, logos, and source lines intact, (iii) does not state or imply that Company reviewed, endorsed, or verified Client’s analysis, products, or services, and (iv) uses only the portion of the Analytics Outputs reasonably needed for the presentation or publication, and does not make available full datasets, exports, or reports, or enough of the Analytics Outputs to substitute for the Services. Any other disclosure of Analytics Outputs outside Client’s organization, and any use in a product, database, or service that Client sells or provides to others, requires Company’s prior written permission.
4. RESTRICTIONS
Except as expressly permitted in Section 3 or by Company in writing, Client shall not, and shall not permit any other person to: (a) sell, resell, license, sublicense, rent, lease, syndicate, distribute, publish, or otherwise make available the Services, the Company Data, or the Analytics Outputs (or any portion of them) to any third party, it being agreed that data resale is not permitted under any circumstances; (b) share login credentials or permit use by more than one individual; (c) scrape, crawl, harvest, or bulk-download Company Data, use any automated means or API to access the Analytics, or exceed or circumvent any search, query, or export limit; (d) use the Analytics Outputs or Company Data to build, train, fine-tune, test, validate, benchmark, ground, or improve any artificial-intelligence, machine-learning, or large language model, or any competing trial registry, database, dataset, or product; (e) reverse engineer or attempt to derive the software, algorithms, or methodologies behind the Services, or the structure, schema, or organization of the Company Data, or reconstruct Company Data by aggregating Analytics Outputs; (f) remove, alter, or obscure any copyright notice, attribution line, logo, watermark, or digital fingerprint included in any Analytics Output; (g) attempt to identify any individual Website visitor or patient, or combine Analytics Outputs with other data to do so; or (h) use the Services for any unlawful purpose or in violation of Section 9. Company embeds visible watermarks and invisible digital fingerprints in Analytics Outputs to trace the source of any unauthorized disclosure.
5. OWNERSHIP; PUBLIC SOURCE DATA
(a) Company IP. As between the parties, Company retains all right, title, and interest, including all intellectual property rights, in and to the Company IP, whether or not created or suggested by Client, and Client irrevocably assigns to Company any right, title, or interest Client may acquire in the Company IP. Company reserves all rights not expressly granted in these Terms, and nothing in these Terms grants any right by implication, estoppel, or otherwise.
(b) Public Source Data. Company does not claim ownership of Public Source Data as such, and nothing in these Terms restricts Client from obtaining and using Public Source Data that Client lawfully obtains directly from its original public source independently of the Services. The restrictions and confidentiality provisions of these Terms apply to the Services, the Analytics Outputs, the Company Data, and Company’s methods and technology, and Client may not use the Services to extract, reproduce, or reconstruct Company Data or Analytics Outputs.
(c) [Reserved].
(d) Aggregated Statistics. Company may monitor Client’s use of the Services and collect and compile aggregated and anonymized statistics regarding that use (“Aggregated Statistics”). Company owns the Aggregated Statistics and may make them public, provided they do not identify Client.
(e) Feedback. If Client suggests or recommends changes to the Company IP or provides comments or ideas about the Services (“Feedback”), Company may use the Feedback for any purpose without attribution or compensation, and Client grants Company a perpetual, non-exclusive, royalty-free license to do so.
6. CONFIDENTIALITY OF ANALYTICS OUTPUTS
The Analytics, the Analytics Outputs (including any non-public report or snapshot), the Company Data as compiled, organized, and enriched by Company, and the non-public features of Company’s tools and methods are Company’s confidential information and trade secrets, whether or not marked confidential. They do not lose that status merely because individual data points are publicly available or because Client could independently compile them, because their value comes from Company’s compilation, selection, organization, and presentation of the data. Public Source Data as such is not Company’s confidential information. Client may disclose Analytics Outputs only as permitted by Section 3, and a disclosure that complies with Section 3(c) does not breach this Section 6. Client shall promptly notify Company of any unauthorized use or disclosure and cooperate to remedy it. Client’s obligations under this Section 6 survive for as long as the information remains protectable as a trade secret under applicable law and, in any event, for not less than seven (7) years.
7. COMPILED FACTUAL DATA ONLY; NO ADVICE; INDEPENDENT VERIFICATION
Client acknowledges that Company does not provide scientific, clinical, or statistical analysis of Clinical Trial outcomes or efficacy. The Analytics Outputs consist solely of compiled factual data and metrics (such as the number and location of Clinical Trials, phases, targets, isotopes, sponsors, sites, investigators, reported timelines, and Website traffic) aggregated from multiple sources, including public registries, third parties, other users, and Website visitors, that may be incomplete, delayed, inaccurate, or inconsistent. The Services are provided for general informational purposes only and are not medical, clinical, scientific, legal, regulatory, tax, financial, or investment advice. Client is solely responsible for independently verifying all Analytics Outputs against primary sources before relying on them, and for its own analysis, decisions, and actions based on them or on any Derived Findings, including trial design, site selection, patient recruitment, partnering or acquisition diligence, regulatory submissions, public or investor disclosures, and business or investment decisions. Client shall not include Analytics Outputs in a regulatory submission, patient-facing material, or public statement as a statement of fact without that independent verification.
8. FEES; PAYMENT THROUGH PADDLE; AUTOMATIC RENEWAL; TAXES; REFUNDS
(a) Fees. The fees for the Subscription are the prices for the plan stated in the Order, in United States Dollars or, where Paddle offers it, the local currency shown at checkout (the “Fees”). Fees are charged in advance: first at checkout, and then at the start of each renewal Access Period.
(b) Paddle as Merchant of Record; Payment. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries about payments and handles returns and refunds, and Client’s payment transactions are also subject to Paddle’s buyer terms, which are shown at checkout. Client authorizes Paddle to charge the payment method Client provides for the Fees, including the recurring charges described in Section 2(b), and any applicable taxes. Client represents and warrants that Client is authorized to use that card and that the information Client provides is accurate and complete. Company does not receive or store full card numbers. If a renewal charge fails, Paddle may retry it and ask Client to update the payment method, and Company may suspend access until payment succeeds. Company or Paddle may cancel any Order if payment is declined or either reasonably suspects fraud.
(c) Taxes. The Fees are exclusive of taxes unless the checkout page states otherwise. As Merchant of Record, Paddle calculates, collects, and remits any sales, use, value-added, goods and services, and similar taxes that apply to Client’s purchase, and Client is responsible for paying them. If Client provides a valid business tax identification number at checkout, Paddle may apply a reverse charge or exemption where the law allows.
(d) Refunds. Client may request a full refund of any charge, for any reason, within fourteen (14) days after the date of that charge. Refunds are processed by Paddle; Client may request one through the link in Client’s Paddle receipt, at paddle.net, or by contacting Company at TheranosticTrials@xcancer.com. Company will also correct and refund any duplicate or erroneous charge. When the most recent charge is refunded, the Subscription is cancelled and Client’s access ends, and Client shall stop using and delete all Analytics Outputs exported during that Access Period. Nothing in these Terms limits any refund, cancellation, or withdrawal right that Client has under mandatory consumer protection law where Client lives.
(e) Disputed Charges. Before disputing a charge with its card issuer, Client shall contact Company at TheranosticTrials@xcancer.com or Paddle at paddle.net, and give Company and Paddle a reasonable opportunity to resolve the issue. Company may suspend access to the Services affected by a disputed charge until it is resolved.
9. PRIVACY AND COMPLIANCE
Company’s collection and use of personal information that Client provides in connection with a Subscription (such as name, email address, and payment information) is described in the Privacy Policy, which is incorporated into these Terms. As Merchant of Record, Paddle collects and processes payment and billing information under its own privacy notice, and Company and Paddle share the information needed to complete, support, and refund each purchase. Client shall use the Services and Analytics Outputs in compliance with all applicable data protection, privacy, breach notification, and data security laws (including, where applicable, the EU General Data Protection Regulation, the UK GDPR, and U.S. federal and state privacy laws) and all other applicable laws, including those governing the promotion of investigational products, interactions with healthcare providers, investigators, and patients, and clinical trial recruitment. To the extent Analytics Outputs include names, institutional affiliations, or business contact information of investigators or site personnel, Client shall use it only as those laws permit and not for unsolicited mass marketing or unlawful profiling. Client shall not submit to the Website, and Company does not request, any protected health information or other individually identifiable patient health information. If Client believes any Analytics Output identifies an individual patient or Website visitor, Client shall promptly notify Company and shall not retain, use, or disclose it.
10. TERM; SUSPENSION; TERMINATION
(a) Term. These Terms take effect when Client accepts them and continue for as long as Client has access to, or retains, any Services or Analytics Outputs.
(b) Suspension and Termination. Company may immediately suspend or terminate Client’s access to any or all of the Services, without refund, if Company determines or reasonably suspects that: (i) Client has breached these Terms (including Sections 3, 4, or 6); (ii) there is a threat or attack on any Company IP or Client’s use poses a security risk to Company or others; (iii) Client is using the Services for fraudulent or illegal activity; or (iv) providing the Services is prohibited by law. Company has no liability for any loss resulting from a suspension or termination under this Section.
(c) Effect. Access ends when a cancellation takes effect under Section 2(b) or 2(e), when a refund ends the Subscription under Section 8(d), or when the Subscription is terminated. When access ends or these Terms are terminated, Client shall stop using the Analytics and delete all exports and copies of Analytics Outputs obtained through that access. Presentations and publications that Client created in compliance with Section 3(c) before then may continue to be used and distributed with the required attribution.
(d) Survival. Sections 1(c), 3(c), 4 through 8, and 10(c) through 18, and any other provision that by its nature should survive, survive the end of these Terms.
11. DISCLAIMER OF WARRANTIES
THE SERVICES, THE COMPANY IP, AND ALL ANALYTICS OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET CLIENT’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE SECURE OR ERROR FREE, OR PRODUCE ANY INTENDED RESULT. THE ANALYTICS OUTPUTS CONSIST OF COMPILED FACTUAL DATA AGGREGATED FROM PUBLIC AND THIRD-PARTY SOURCES AND DO NOT INCLUDE SCIENTIFIC OR CLINICAL OUTCOME ANALYSIS. COMPANY DOES NOT WARRANT THEIR ACCURACY, COMPLETENESS, TIMELINESS, OR FITNESS FOR ANY CLINICAL, REGULATORY, INVESTMENT, OR BUSINESS DECISION, AND CLIENT ASSUMES ALL RISK OF RELIANCE ON THEM AS PROVIDED IN SECTION 7. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
12. LIMITATION OF LIABILITY
EXCEPT FOR (A) CLIENT’S BREACH OF SECTION 3, 4, OR 6, (B) CLIENT’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13, AND (C) A PARTY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT WILL: (i) EITHER PARTY OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR LOST PROFITS, LOSS OF DATA, OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THEM; OR (ii) EITHER PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE FEES ACTUALLY PAID BY CLIENT DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY DECISION MADE, ACTION TAKEN OR NOT TAKEN, OR LOSS INCURRED BY CLIENT OR ANY THIRD PARTY IN RELIANCE ON THE ANALYTICS OUTPUTS OR DERIVED FINDINGS, EXCEPT TO THE EXTENT CAUSED BY COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THESE LIMITATIONS REFLECT AN AGREED ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN.
13. INDEMNIFICATION BY CLIENT
Client shall indemnify, defend, and hold harmless Company, its affiliates, and its and their officers, directors, members, employees, and agents from and against all losses, damages, liabilities, and costs (including reasonable attorneys’ fees) resulting from any third-party claim, suit, or proceeding to the extent it arises from or relates to: (a) Client’s use of the Services in a manner not authorized by these Terms, including any breach of Section 3, 4, or 6; (b) any Derived Findings, or any decision made or action taken by Client in reliance on Analytics Outputs; or (c) Client’s violation of applicable law. Company will give Client prompt notice of the claim and reasonable cooperation at Client’s expense. Neither party may settle a claim in a way that admits fault on behalf of the other, or publicize a settlement, without the other’s prior written consent, which shall not be unreasonably withheld.
14. EQUITABLE RELIEF
Client acknowledges that a breach or threatened breach of Section 3, 4, or 6 would cause Company irreparable harm for which money damages would not be an adequate remedy. Company is entitled to seek an injunction, restraining order, specific performance, or other equitable relief from any court, without posting a bond or proving actual damages. These remedies are in addition to all other remedies available at law or in equity.
15. GOVERNING LAW; VENUE
These Terms are governed by the laws of the State of Nebraska, without reference to its choice of law principles. Before filing any lawsuit (other than a claim for equitable relief under Section 14), a party shall give the other written notice of the dispute and the parties shall attempt in good faith to resolve it for thirty (30) days. Each party irrevocably consents to the personal jurisdiction and exclusive venue of the state and federal courts located in Douglas County, Nebraska for any lawsuit arising from or relating to these Terms or the Services. Nothing in this Section deprives a Client who is a consumer of the protection of the mandatory laws of the country where Client lives, or of any right to bring proceedings in the courts there.
16. CHANGES TO THESE TERMS AND THE SERVICES
Company may update these Terms from time to time. Company will email Client at least thirty (30) days before an update takes effect for an existing Subscription, and the update will apply starting with Client’s first renewal after that notice period. If Client does not agree to the update, Client may cancel before that renewal. Updates required by law, or that do not reduce Client’s rights, may take effect when posted. Company may modify, update, or discontinue any dashboard, feature, filter, data source, or tool of the Analytics at any time, and does not guarantee that any Analytics Output will be reproducible over time as underlying Clinical Trial data is updated.
17. NOTICES; CONTACT
Company may give notice to Client by email to the address Client provided at checkout or in Client’s account. Notices to Company must be sent by email to TheranosticTrials@xcancer.com or by courier or certified mail to XCancer Software, LLC, d/b/a TheranosticTrials.Org, Attn: President, 17607 Gold Plaza, Omaha, NE 68130. Email notice is effective on the date of transmission (or the next business day, if sent outside normal business hours) if sent without bounce-back. Questions about a Subscription may be sent to TheranosticTrials@xcancer.com.
18. GENERAL
These Terms, together with the Order and the Privacy Policy, are the entire agreement between Client and Company regarding the Subscription and supersede all prior and contemporaneous understandings. Paddle’s buyer terms govern the payment transactions between Client and Paddle. Any purchase order or other terms submitted by Client are rejected and have no effect. Client may not assign or transfer these Terms without Company’s prior written consent; Company may assign them to an affiliate or to a successor to all or substantially all of its business or assets. If any provision is held invalid or unenforceable, the court should reform it to the narrowest extent necessary to make it enforceable, and the remaining provisions will remain in effect. No waiver is effective unless in writing, and no waiver of one breach waives any other. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control. The parties are independent contractors, and nothing in these Terms creates a partnership, agency, joint venture, or employment relationship. These Terms do not create any third-party beneficiary rights. Section headings are for convenience only.
XCancer Software, LLC, d/b/a TheranosticTrials.Org · 17607 Gold Plaza, Omaha, NE 68130 · Version 2026-11-13