Terms of Use

1. Acceptance and Authority

By accessing and using the Caliber AI LLC (“Caliber”) portal or any related services, the entity accepting these Terms of Use (“Customer”) agrees to be bound by them. The individual accessing them on behalf of a Customer represents they have the authority to bind the Customer. These Terms of Use (“Terms”) govern Customer’s access to and use of the Services, including account administration, use conduct, acceptable use, upload of Customer Materials, AI output (“Output”) review obligations, and other operational matters not addressed in a signed agreement between the parties.

2. Services

2.1 Provision of Services. Caliber provides AI-assisted tools and related functionality through a secure online portal (the "Portal") designed to help Life Care Planners, Qualified Medical Evaluators, independent medical examiners and other professionals by developing medical chronologies and related documentation in connection with their work as expert witnesses (collectively, the "Services").

2.2 Scope. The Services enable Authorized Users to upload, organize, and process Customer Materials to generate AI-assisted draft medical chronologies and supporting work product. Caliber may update, modify, or enhance the features and functionality of the Services from time to time in its sole discretion, provided that any material reduction in core functionality during an active subscription term will be communicated to Customer in advance.

2.3 Access. Subject to Customer's compliance with these Terms and any applicable Customer agreement, Caliber grants Customer a limited, non-exclusive, non-transferable right to access and use the Services through the Portal during the applicable subscription term solely for Customer's internal business purposes.

2.4 Availability. Caliber will use commercially reasonable efforts to maintain the availability of the Portal; however, the Services may be subject to scheduled maintenance windows, temporary interruptions, or downtime. Caliber shall not be liable for any unavailability resulting from circumstances outside its reasonable control.

3. Accounts and Authorized Users

3.1 Account Registration. To access the Services, Customer must register for an account on the Portal by providing accurate and complete information as requested by Caliber. Customer shall keep its account information current.

3.2 Authorized Users. Customer is responsible for designating and managing all authorized users under its account (the “Authorized Users”). Customer shall ensure that each Authorized User: (a) is an employee, contractor, or agent of Customer with a legitimate need to access the Services; (b) has agreed to terms at least as protective as those set forth in these Terms; and (c) uses the Services solely within the scope permitted by these Terms.

3.3 Credential Security. Customer shall ensure that all login credentials, passwords, and authentication tokens are kept confidential and not shared among individuals. Each Authorized User must maintain unique credentials. Customer shall notify Caliber promptly upon discovering any unauthorized use of credentials or any other breach of account security.

3.4 Responsibility for Account Activity. Customer is solely responsible for all activity conducted under its account, whether or not authorized by Customer. Caliber shall not be liable for any loss or damage arising from unauthorized access resulting from Customer's failure to safeguard its credentials or manage its Authorized Users.

3.5 Suspension for Credential Compromise. Caliber reserves the right to suspend access to any account or Authorized User credentials if Caliber reasonably believes that such credentials have been compromised or are being used in violation of these Terms.

4. Customer Materials and PHI

4.1 Customer Materials. Customer retains all right, title, and interest in and to all data, documents, records, and other materials that Customer or its Authorized Users upload, transmit, or otherwise submit to the Portal (collectively, "Customer Materials"). Customer is solely responsible for the accuracy, legality, and completeness of all Customer Materials.

4.2 Protected Health Information. Customer Materials submitted through the Portal may contain Protected Health Information ("PHI") as defined under HIPAA. Customer shall submit PHI to the Portal or other secure method as determined solely by Caliber. Customer shall not submit PHI to Caliber unless the parties have executed a Business Associate Agreement (“BAA”).

4.3 HIPAA Compliance. Each party shall comply with its respective obligations under the Health Insurance Portability and Accountability Act of 1996, the HITECH Act, and their implementing regulations (collectively, "HIPAA"), to the extent applicable. Customer is responsible for obtaining all necessary consents, authorizations, or permissions required under applicable law before submitting PHI to the Portal.

4.4 BAA Precedence. In the event of any conflict or inconsistency between these Terms and the executed BAA with respect to the use, disclosure, protection, or handling of PHI, the terms of the BAA control.

4.5 Prohibited Submissions Without BAA. If no BAA is in effect, Customer shall not upload, transmit, or otherwise provide any PHI through the Portal. Caliber disclaims all liability arising from Customer's submission of PHI in the absence of an executed BAA.

4.6 Subcontractors. Caliber may use third-party service providers in delivering the Services. Where required by a BAA or applicable law, Caliber will impose appropriate written obligations on subcontractors that create, receive, maintain, host, or transmit PHI on Caliber’s behalf.

5. AI-Assisted Outputs and Professional Responsibility

5.1 AI-Assisted Drafts. Customer acknowledges and agrees that all Outputs generated through the Services are AI-assisted drafts produced by automated tools. Outputs are not, and shall not be construed as, medical opinions, legal advice, or final work product. Caliber does not exercise independent medical or legal judgment in generating any Output.

5.2 Independent Review Required. Customer and its Authorized Users are solely responsible for reviewing, verifying, and validating all Outputs before any use, including use in connection with expert witness testimony, life care plans, litigation support, or any other professional engagement. No Output may be relied upon or submitted in any proceeding without independent professional review by a qualified individual.

5.3 Expert Responsibility. Customer represents and warrants that each Authorized User who accesses or uses an Output possesses the professional qualifications, licensure, and expertise necessary to evaluate the accuracy, completeness, and appropriateness of such Output for its intended purpose. The decision to adopt, modify, or reject any Output rests exclusively with Customer and its Authorized Users.

5.4 No Liability for Output Use. Caliber shall have no liability arising from or related to (a) any inaccuracy, omission, or error contained in an Output, or (b) Customer's or any Authorized User's reliance on, use of, or submission of an Output in any professional, legal, or clinical context.

6. Acceptable Use

Customer agrees that it will not, and will ensure that its Authorized Users do not, engage in any of the following activities in connection with the Services or the Portal:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying architecture of the Services or any component thereof.
• Access or attempt to access the Services, the Portal, or any Caliber systems or networks by any means other than through the interfaces expressly provided by Caliber.
• Use the Services for any purpose beyond the scope authorized under these Terms, including any use unrelated to the development of medical chronologies for expert witness engagements.
• Sublicense, resell, distribute, lease, or otherwise make the Services available to any third party that is not an Authorized User under Customer's account.
• Upload, transmit, or introduce any virus, worm, Trojan horse, ransomware, or other malicious code or disabling mechanism to the Portal or the Services.
• Interfere with or disrupt the integrity, performance, or availability of the Services or the data contained therein.
• Use the Services in any manner that violates applicable federal, state, or local law or regulation, including (without limitation) HIPAA, state privacy laws, and export control regulations.
• Remove, alter, or obscure any proprietary notices, labels, or markings on or within the Services.

Any violation of this Section 6 may result in immediate suspension or termination of Customer's access to the Services.

7. Suspension

Caliber may suspend Customer's and any Authorized User's access to the Services, in whole or in part, immediately upon written notice if: (a) Customer breaches any material provision of these Terms; (b) Customer fails to pay any undisputed amount when due and such failure continues for ten (10) days after written notice; (c) Caliber reasonably determines that Customer's use poses a security risk to the Portal or any third party; or (d) suspension is required by applicable law or regulation. Caliber will restore access promptly once the condition giving rise to the suspension is resolved.

8. Changes to Terms

Caliber may modify these Terms by posting an updated version on the Portal with a revised effective date. Continued use of the Services after the effective date of any modification constitutes Customer’s acceptance of the modified Terms. If Customer objects to a modification, Customer’s sole remedy is to stop using the Services and terminate its account before the modification takes effect, subject to any rights or obligations under the applicable Customer agreement.

Effective Date. These Terms are effective as of June 12, 2026.