Terms of Service

Last updated: July 22, 2025

End User License Agreement (EULA)

ERBLUE, INC. LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE

TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT"

OR "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT

CAREFULLY BEFORE USING THIS SOFTWARE AND THE ACCOMPANYING

DOCUMENTATION (THE "SOFTWARE"). THE SOFTWARE IS COPYRIGHTED AND

LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY USING THE

SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO

NOT AGREE, DO NOT USE THE SOFTWARE.

This EULA is a legal agreement between you (as an individual or a business entity) and

erblue, Inc. It supersedes any prior proposals or representations.

Account Terms

1. Users must be 18 years or older to use this Service.

2. Accounts must be registered by humans; bots or automated methods are

prohibited.

3. Accurate information must be provided during account registration.

4. Login credentials must not be shared; one login per user is required.

5. Users are responsible for maintaining the security of their accounts and any

activity under them.

6. Unauthorized reproduction, duplication, or exploitation of the Service is

prohibited.

Terms & Conditions

Customer Data and Third-Party Authorization

1. Authorization to Submit Data

By using the Service, including submitting, uploading, or sharing any data or files

through the platform, you acknowledge and agree that:

• You are solely responsible for the content you submit, including any data

originating from third parties such as clients, customers, or end users.

• Where Customer Data includes information relating to third parties, you are

solely responsible for ensuring that all necessary rights, consents, and

permissions have been obtained prior to submission.

• Your use of the Service and submission of Customer Data will comply with all

applicable laws, regulations, and third-party obligations.

2. Ownership of Data

As between you and erblue, you or your clients retain full ownership of any data

uploaded to the platform. erblue does not claim any ownership rights to the data you

submit. You are responsible for managing permissions and access related to such data.

3. erblue’s Role and Use of Data

erblue acts solely as a service provider and data processor. We will:

• Process data only as necessary to deliver the Service, in accordance with your

account configuration and instructions.

• Not use, disclose, or access your data for any purpose other than to provide the

Service, except as required by law or with your written consent.

• Implement reasonable technical and organizational safeguards to protect the

confidentiality, integrity, and availability of Customer Data.

• Require any subprocessors engaged by erblue to adhere to obligations

consistent with this Agreement.

4. Data Sharing and Retention

• You maintain control over the sharing and accessibility of your data. erblue is not

responsible for access granted or revoked through your user configuration.

• Upon termination or cancellation of your account, your Customer Data will be

deleted in accordance with our data retention policies, unless otherwise

required by law.

• Data previously shared with other users may remain accessible to them

according to their permissions unless explicitly revoked before cancellation.

5. Compliance Responsibility

You are solely responsible for compliance with applicable data protection, privacy, and

confidentiality laws. erblue disclaims liability for any Customer Data submitted without

proper authorization or legal basis.

If your use of the Service involves regulated data or requires a Data Processing

Addendum (DPA), please contact legal@erblue.com.

Privacy and Data Security

1. erblue is committed to protecting user data and complies with applicable

data protection laws and regulations.

2. Personal data will only be used to provide and improve the Service and will

not be shared with third parties without user consent, except as required by

law.

3. erblue employs administrative, physical, and technical safeguards to protect

the confidentiality, integrity, and availability of user data.

4. For additional details on how erblue collects, uses, and protects personal

data, please refer to our Privacy Policy. Your use of the Service is also subject

to the terms of the Privacy Policy.

Payment, Refunds, Upgrading, and Downgrading Terms

1. A valid credit card is required for certain paid accounts. Free accounts are not

required to provide a credit card number.

2. Fee-based services are billed in advance on a monthly basis and are non-

refundable. No refunds will be provided for partial months, upgrades,

downgrades, or unused time.

3. All fees are exclusive of taxes, which are the responsibility of the user, excluding

taxes based on erblue’s income.

4. Plan changes result in billing adjustments applied in the next cycle. erblue is not

responsible for data loss due to downgrades.

Cancellation and Termination

1. Accounts can be canceled at any time through the Account settings.

Cancellation takes effect immediately, and content will be deleted.

2. Upon cancellation, shared content will remain accessible to other active users.

3. erblue reserves the right to terminate accounts at its discretion for any reason,

including violations of this EULA. Termination results in loss of access and

deletion of all associated data.

License Grant and Restrictions

1. erblue grants you a non-exclusive, non-transferable license to use the Software

solely for internal business purposes.

2. You may not modify, redistribute, or use the Software for unlawful purposes.

Unauthorized use is strictly prohibited.

3. Users must accept updates, patches, or changes to the Software to maintain

access and functionality.

Usage Terms for Labs and Field Professionals

Labs:

1. Labs are granted access to the Lab Order Management System (LOMS) for

sample submissions and chain-of-custody management.

2. Labs are billed monthly in advance based on selected plans. Additional usage

may incur supplemental fees.

3. Labs have 30 days post-termination to export data. After this period, erblue may

permanently delete data.

Field Professionals:

1. Field professionals are granted access to the Inspector App and Portal for data

collection, reporting, and collaboration.

2. Fees for field professionals are billed monthly in advance and are non-

refundable. Additional usage may incur supplemental fees.

Authorized Third-Party Submissions

1. If a user authorizes a third party, such as a laboratory, consultant, or service

provider (“Authorized Submitter”), to submit data to the Software on their

behalf, the Authorized Submitter’s use of the Software for such purposes is

deemed to be within the scope of the user’s agreement to this EULA.

2. By authorizing such third parties to submit data, the user acknowledges that

they are solely responsible for:

o Ensuring the Authorized Submitter has obtained all necessary rights,

consents, and legal bases for such submissions;

o Managing permissions and access to any data submitted; and

o Compliance with all applicable laws and regulations governing such data.

3. Authorized Submitters are not required to enter into a separate agreement with

the user, provided they act solely on behalf of a user who has agreed to this

EULA.

4. erblue disclaims all liability for submissions made by Authorized Submitters

without appropriate authorization or legal basis.

User Responsibilities

1. Users must not upload harmful content, including viruses, malware, or malicious

code, into the Service.

2. Users agree to indemnify erblue against any damages, losses, or liabilities

arising from misuse of the Software, including violations of this Agreement or

applicable laws.

Third-Party Integrations

1. If the Software integrates with third-party services or APIs, users are responsible

for complying with the terms and conditions of those third-party services.

2. erblue is not responsible for the performance or availability of third-party

services.

Confidentiality

1. Users agree to keep erblue’s proprietary information confidential, including but

not limited to software designs, algorithms, and documentation.

2. Labs and other users handling sensitive data must ensure that proprietary

information is safeguarded with the same degree of care they use to protect

their own confidential information.

Modifications to the Service and Prices

1. erblue reserves the right to modify or discontinue the Service with or without

notice.

2. Prices for all Services, including subscription fees, are subject to change with 60

days' notice. Changes will be communicated via the website or within the

Service.

Force Majeure

1. erblue is not liable for failure to perform its obligations due to events outside its

control, including natural disasters, acts of God, labor disputes, power outages,

or government actions.

Dispute Resolution

1. Any disputes arising under this Agreement will be resolved through binding

arbitration in accordance with the rules of the American Arbitration Association

(AAA).

2. Arbitration proceedings will be held in Somerset, New Jersey, unless otherwise

agreed by both parties.

3. Each party will bear its own costs and expenses, except as otherwise awarded

by the arbitrator.

License Compliance

1. erblue reserves the right to audit user accounts to ensure compliance with

licensing terms, particularly for labs with multiple users.

2. Users agree to cooperate with reasonable audit requests and provide necessary

information.

Prohibited Uses

1. Users may not:

o Scrape, extract, or harvest data from the Service.

o Violate intellectual property rights.

o Engage in illegal, harmful, or fraudulent activities.

Feedback and Suggestions

1. Users grant erblue the right to use any feedback, suggestions, or ideas provided

about the Software without additional compensation.

2. Feedback may be used to improve the Software or develop new features.

Intellectual Property and Data Usage

1. erblue retains all rights, title, and interest in the Software, documentation, and

associated intellectual property.

2. Aggregated, anonymized data may be used to improve services but will not be

identifiable to specific users.

3. Users retain ownership of their data. erblue will not access or use data beyond

what is necessary to provide the Service.

Disclaimer and Limitation of Liability

1. The Software is provided "as is" without warranties of any kind, including

implied warranties of merchantability or fitness for a particular purpose.

2. erblue is not liable for indirect, incidental, or consequential damages.

3. erblue’s liability is capped at the amount paid by you in the 12 months

preceding the claim.

Governing Law

This Agreement is governed by the laws of the State of New Jersey, without regard to

its conflict of law principles.

Assent to Be Bound

By accessing or using the Software, you agree to the terms of this Agreement. If you

do not agree, do not download, access, or use the Software.