1. Acceptance of These Terms
Welcome to OpenTrials.com ("OpenTrials," "OpenTrials LLC," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the OpenTrials.com website and any related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, please do not use the Service.
If you are using the Service on behalf of an organization (for example, a research institution, sponsor, or site), you represent that you have authority to bind that organization, and "you" refers to both you and that organization.
2. What OpenTrials Is -- and Is Not
OpenTrials is an independent information and matching platform. We are not:
- A hospital, clinic, medical practice, or healthcare provider;
- A doctor, nurse, or other licensed medical professional;
- A clinical research organization (CRO), trial sponsor, or Institutional Review Board (IRB);
- A party to any clinical trial, and we do not conduct, sponsor, oversee, or manage any clinical trial; or
- An agent of the U.S. government or of ClinicalTrials.gov.
We aggregate and present publicly available clinical trial information originally published on ClinicalTrials.gov, a registry maintained by the U.S. National Library of Medicine (NLM), part of the National Institutes of Health (NIH), and we help interested individuals ("Visitors" or "Volunteers") connect with the research teams, sponsors, or sites running those trials ("Research Teams").
We do not determine, verify, or guarantee anyone's eligibility for any clinical trial. Eligibility is determined solely by the Research Team responsible for each trial, based on their own protocol and criteria. Submitting information through our Service does not enroll you in any trial and does not mean you are eligible.
3. No Medical Advice; Not a Substitute for Professional Care
The Service, and any content on it, is provided for general informational purposes only and does not constitute medical advice, diagnosis, or treatment recommendations. Nothing on the Service should be used to make medical decisions. Always seek the advice of a qualified physician or other healthcare provider with any questions you may have regarding a medical condition or a clinical trial.
If you are experiencing a medical emergency, call 911 (or your local emergency number) immediately. Do not use this Service for emergency medical needs.
4. Accuracy of Third-Party Data
Clinical trial listings displayed on OpenTrials are sourced from ClinicalTrials.gov, a public registry that is updated and maintained by third parties (Research Teams and NLM/NIH), not by us. We do our best to keep listings current, but:
- Trial status, eligibility criteria, locations, contacts, and other details may be outdated, incomplete, or inaccurate by the time you view them;
- We do not independently verify, endorse, or guarantee the accuracy, completeness, or reliability of any listing; and
- You should always confirm details directly with the Research Team or on ClinicalTrials.gov before making any decisions.
Our use of data originating from ClinicalTrials.gov does not imply any endorsement, affiliation with, or sponsorship by the U.S. government, HHS, NIH, or NLM, and none should be inferred.
5. Using the Service
5.1 Volunteers and Visitors
You may search or browse trial listings and general information without creating an account. If you submit a request through one of the following, you consent to the specific data practices described in our Privacy Policy. We collect your personal data when you engage with specific features on OpenTrials.com. Your data collection on OpenTrials.com is tied directly to the services you opt into:
- "Get Notified": Collects your information to update you when a "Not yet recruiting" trial changes status to active recruitment.
- "More Info": Collects your information to forward your contact request to the appropriate Research Team for "Recruiting" or "Enrollment by invitation" trials.
- "Notify Me": Collects your information to contact you about future, similar studies if the initial trial you viewed is already "Completed.
- Volunteer Network: Collects your general health conditions, interests, and contact information to check for ongoing study matches. We will never share your personal identity or contact details with any third-party Research Team without your explicit, opt-in consent following a match alert.
For "Get Notified", "Notify Me" and "More Info" requests, by submitting the request you authorize OpenTrials to share the information you provide with the relevant Research Team so that they (not OpenTrials) may contact you. For the Volunteer Network, that authorization applies only on a per-match basis, at the time you affirmatively respond to a specific match notification. We do not screen you for eligibility, and a Research Team's outreach to you is not a determination of eligibility or an offer of enrollment.
You are solely responsible for the accuracy of information you submit and for deciding whether, and how, to engage with any Research Team that contacts you. You may withdraw your consent to future Volunteer Network matching, or request deletion of your information, at any time as described in our Privacy Policy.
5.2 Researchers and Sponsors
If you submit a trial listing or request to advertise on the Service ("Researcher Submission"), you represent and warrant that:
- You are authorized to submit the information on behalf of the sponsor, site, or research organization named;
- The information you provide (including trial subject, goals, timeline, and condition/disease information) is accurate and not misleading; and
- Your recruitment activities, materials, and use of any Volunteer or Visitor contact information provided to you through OpenTrials will comply with all applicable laws, including IRB-approved recruitment procedures, applicable privacy laws, and telemarketing/anti-spam laws (e.g., TCPA, CAN-SPAM).
We reserve the right to reject, edit, suspend, or remove any Researcher Submission at our sole discretion, including for accuracy, quality, or policy reasons, and to charge fees for advertising placements as separately disclosed at the time of submission.
Researchers receiving contact information through OpenTrials act as independent data controllers/processors of that information for their own recruitment purposes and are responsible for their own compliance with privacy and consumer protection laws with respect to their use of that data.
6. Prohibited Conduct
You agree not to:
- Use the Service for any unlawful purpose, or to harass, defraud, or mislead any person;
- Submit false, misleading, or fraudulent information (as a Volunteer or as a Researcher);
- Attempt to scrape, harvest, or bulk-extract data from the Service other than through means we expressly permit;
- Interfere with or disrupt the Service, its servers, or networks;
- Use automated means (bots, scrapers) to access the Service without our prior written consent;
- Impersonate any person or entity, or misrepresent your affiliation; or
- Use contact information obtained through the Service for any purpose other than the legitimate clinical trial recruitment purpose for which it was provided.
7. Intellectual Property
The OpenTrials name, logo, website design, compilation, and original content are owned by us or our licensors and protected by applicable intellectual property laws. You may not copy, reproduce, or create derivative works from our site design or original content without permission.
Underlying clinical trial registry data originating from ClinicalTrials.gov is generally a work of the U.S. federal government and not subject to copyright protection in the United States; however, our organization, presentation, curation, and any added commentary on that data are our own and protected.
8. Third-Party Links
The Service may link to ClinicalTrials.gov, Research Team websites, or other third-party sites. We do not control and are not responsible for the content, privacy practices, or terms of any third-party site. Your use of any linked site is at your own risk and subject to that site's own terms.
9. Disclaimers
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY TRIAL LISTING OR THAT ANY RESEARCH TEAM WILL RESPOND TO YOUR REQUEST OR THAT YOU WILL BE ELIGIBLE FOR OR ENROLLED IN ANY TRIAL.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OPENTRIALS AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON TRIAL LISTING INFORMATION OR ANY INTERACTION WITH A RESEARCH TEAM. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED [$100 / THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, IF ANY].
Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify and hold harmless OpenTrials from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your Researcher Submission, or your misuse of any information obtained through the Service.
12. Changes to the Service or These Terms
We may modify, suspend, or discontinue the Service, or update these Terms, at any time. If we make material changes, we will update the "Last Updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Florida, the United States, without regard to conflict-of-law principles.
14. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms.
15. Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of our right to do so later. These Terms constitute the entire agreement between you and OpenTrials regarding the Service.
16. Contact Us
Questions about these Terms can be sent to:
OpenTrials.comPO Box 54356
Jacksonville, FL 32245
USA
Email: [email protected]