RocSite Caliper, 30-Day Trial Terms of Service

These Terms govern your access to and use of the Caliper 30-Day Trial ("Trial"). By creating an account, entering an access key, uploading data, or running any query, you agree to these Terms on behalf of yourself and any entity you represent. If you do not have authority to bind your organization, do not proceed.

1. Trial Access

RocSite grants you a non-exclusive, non-transferable, revocable, limited license to access Caliper for thirty (30) calendar days from the date of first login, solely for internal evaluation of the Service. Access is provided at no charge. RocSite may extend, shorten, suspend, or terminate the Trial at any time, with or without notice, for any reason or no reason.

2. What You Can Upload

You may upload data files in the formats listed in the Caliper interface, subject to the size and content restrictions stated there. You may not upload:

• Protected Health Information ("PHI") as defined under HIPAA, including any data containing patient identifiers.
• Personal data subject to GDPR, CCPA, or any similar privacy regulation, unless that data has been fully and irreversibly de-identified.
• Data subject to export controls, ITAR, EAR, or any classified or controlled-information regime.
• Data subject to a third-party confidentiality obligation that would prohibit the upload, processing, or analysis described in these Terms.
• Trade secrets you are not authorized to disclose, or data your organization's policies prohibit you from uploading to a third-party service.

You represent and warrant that you have the legal right to upload all data you upload, that the upload does not breach any agreement, regulation, or duty, and that you have obtained any required consents from data subjects or rights-holders. RocSite has no obligation to verify the legal status of uploaded data and acts in reliance on your representations.

3. What RocSite Does With Uploaded Data

During the Trial, RocSite processes uploaded data to operate the Service. Specifically:

• Data is processed in session-isolated environments and is not commingled with other users' uploads.
• Underlying raw uploaded data is automatically purged from RocSite production systems within thirty (30) days of Trial expiration or termination, whichever is earlier. RocSite may retain anonymized derivatives as described below.
• RocSite does not redistribute, resell, or share raw uploaded data with any third party.
• RocSite engineering and operations personnel may access uploaded data only as necessary to operate, troubleshoot, or improve the Service.

4. Findings, Insights, and Derived Output

This section governs intellectual property and is intentionally specific. Read it carefully.

4.1 Definitions

"Uploaded Data" means the raw files and records you upload during the Trial. "Findings" means any insight, signal, statistical pattern, correlation, hypothesis confirmation, hypothesis falsification, contradiction, anomaly, methodological observation, validation result, or other output that is generated by the Service in connection with the processing of Uploaded Data. "Methodological Improvements" means any improvement, refinement, calibration, or extension of the Caliper methodology, models, scoring functions, or validation framework that results from operating the Service during the Trial.

4.2 Findings ownership

All Findings generated during the Trial are the property of RocSite. You hereby assign to RocSite, and RocSite hereby retains, all right, title, and interest in and to the Findings, including all intellectual property rights therein. This assignment is irrevocable and applies regardless of whether the Findings have commercial, scientific, or regulatory value, and regardless of whether you would have generated equivalent insights independently.

4.3 Methodological Improvements

All Methodological Improvements are the sole and exclusive property of RocSite. Nothing in your participation in the Trial creates any license, ownership interest, or other right for you in the Caliper methodology, software, models, training data, prompts, weights, or any underlying intellectual property of RocSite.

4.4 Use of Findings by RocSite

RocSite may use the Findings for any purpose, including but not limited to internal research, methodology refinement, marketing in anonymized aggregate form, publication in scientific or research literature with appropriate de-identification of the underlying data source, training and improving the Service, and any other commercial or non-commercial purpose RocSite determines, without obligation of payment, attribution, or notice to you.

4.5 Your residual rights

You retain ownership of your Uploaded Data. Nothing in these Terms transfers ownership of Uploaded Data itself to RocSite. You also retain the right to act commercially within your own organization on the basis of any Finding that pertains to your proprietary data, including in your own internal research, regulatory submissions, or development decisions. However, the Finding itself, as an independent intellectual asset generated by the Service, belongs to RocSite, and your commercial use of insights derived from a Finding does not affect RocSite's ownership of the Finding.

4.6 Publication timing

RocSite will not publish, in identifiable form, any Finding that names your organization or that could be reasonably traced back to your Uploaded Data, for a period of one hundred eighty (180) days following Trial expiration, except where required by law, regulation, or scientific integrity obligations. After that period, RocSite may publish anonymized or aggregated Findings without further notice or consent.

4.7 No expectation of confidentiality

By proceeding with the Trial, you acknowledge that your uploads and the Findings they generate are not subject to a confidentiality agreement, NDA, or other restriction on RocSite's use. If you require confidentiality for your data or exclusivity over Findings, you must contact RocSite for a paid engagement under a separate written agreement before uploading any data.

5. The Path to Confidential Engagement

If your organization requires:

• Confidential handling of uploaded data under an executed Mutual NDA;
• Exclusivity over Findings generated from your data;
• A dedicated, single-tenant instance of Caliper for your organization;
• Custom validation engagements against your proprietary corpus;
• Service Level Agreements, audit rights, or compliance certifications;

then the Trial is not the appropriate engagement. Contact Adam Dickens at [email protected] to discuss a paid engagement under a written contract. Do not upload proprietary or competitively sensitive data to the Trial in the absence of such a contract.

6. No Medical, Clinical, or Regulatory Use

Caliper is a research and exploratory tool. The Service:

• Is not approved, cleared, or authorized by the U.S. Food and Drug Administration or any other regulatory body.
• Is not a medical device.
• Is not validated for clinical decision-making, patient care, treatment selection, or any application that affects an individual patient's health.
• Is not validated for inclusion in regulatory submissions without independent verification.
• May produce results that are inaccurate, incomplete, or misleading.

You agree not to rely on Findings for any clinical, regulatory, safety, or patient-affecting decision without independent validation. Any Finding that you intend to incorporate into a regulatory submission, publication, or commercial product must first be independently replicated and validated under appropriate scientific and regulatory standards by you or under a separate paid engagement with RocSite.

7. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. ROCSITE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ROCSITE DOES NOT WARRANT THAT FINDINGS WILL BE ACCURATE, REPRODUCIBLE, OR SUITABLE FOR YOUR INTENDED PURPOSE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROCSITE'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE TRIAL, REGARDLESS OF THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). IN NO EVENT SHALL ROCSITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF REGULATORY OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE TRIAL.

The Trial is provided at no charge. The foregoing limitations reflect the allocation of risk between the parties and are a fundamental basis of the bargain.

9. Indemnification

You agree to indemnify, defend, and hold harmless RocSite, its officers, directors, employees, and agents, from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your upload or processing of data in violation of any law, regulation, or third-party right; (c) any claim by a third party (including any patient, employee, regulator, or contractual counterparty of yours) related to data you uploaded or actions you took using the Service; (d) your use of any Finding in any clinical, regulatory, or commercial context without appropriate independent validation.

10. Term and Termination

These Terms are effective upon your first access to the Trial and continue until the earlier of (a) the expiration of the 30-day Trial period, (b) termination by RocSite for any reason or no reason, or (c) termination by you by ceasing all use of the Service. Sections 3 (data handling), 4 (Findings ownership), 6 (no medical use), 7 (warranty disclaimer), 8 (liability limits), 9 (indemnification), and 11 (general) survive termination.

11. General Provisions

Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.

Dispute resolution. Any dispute arising out of or related to these Terms shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, in Delaware, conducted in English, before a single arbitrator. Each party waives any right to a jury trial or to participate in a class action.

Entire agreement. These Terms constitute the entire agreement between you and RocSite regarding the Trial and supersede all prior or contemporaneous agreements, communications, or understandings, written or oral, regarding the Trial. These Terms may not be modified except in a writing signed by an authorized representative of RocSite.

No assignment. You may not assign your rights or obligations under these Terms without RocSite's prior written consent. RocSite may assign these Terms freely.

Severability. If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

No waiver. RocSite's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other.

Notices. Notices to RocSite must be sent to [email protected]. RocSite may provide notices to you by email at the address you registered with, or by posting to rocsitediscovery.com.

Contact. Questions about these Terms may be directed to Adam Dickens at [email protected].