Terms of Service

• Users must be 18 years or older to use this Service.
• Accounts must be registered by humans; bots or automated methods are prohibited for account registration. This does not restrict API keys, service accounts, or system integrations (for example, LIMS connectors) that erblue issues or approves.
• Accurate information must be provided during account registration.
• Login credentials must not be shared; one login per user is required. Where a plan is priced per user, each named user requires a separate seat.
• Users are responsible for maintaining the security of their accounts and any activity under them.
• Unauthorized reproduction, duplication, or exploitation of the Service is prohibited.

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.

Ownership of Data

As between you and erblue, you or your clients retain full ownership of any data uploaded to the platform and of Output generated from it. erblue does not claim any ownership rights to the data you submit. You are responsible for managing permissions and access related to such data.

erblue's Role and Use of Data

erblue acts as a service provider and data processor with respect to Customer Data. We will:

• Process data only as necessary to deliver the Service and as described in Section 17, in accordance with your account configuration and instructions.
• Access Customer Data only as needed to provide support, troubleshoot issues, maintain security, provide reports and insights to you, as described in Section 17, or as you instruct, including through AI-assisted tools used under commercial terms that prohibit training on Customer Data.
• Not use, disclose, or access your data for any purpose other than to provide, support, secure, and improve the Service (including as described in Section 17), except as required by law or with your written consent.
• Not use Customer Data to train artificial intelligence or machine learning models that are made available to other customers or third parties, and use third-party AI providers only under commercial terms that prohibit them from using Customer Data to train their models.
• 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, and make a current list of subprocessors (including hosting and AI service providers) available on request.

AI-Assisted Features

The Service uses artificial intelligence, including models provided by third-party AI service providers, to digitize documents, draft content, and verify citations, which may include web search queries. AI-generated content is presented as proposed changes that take effect only when you accept them. AI output may be inaccurate or incomplete. By accepting a proposal, you adopt that content as your own, subject to your review obligations in Section 7.

Data Sharing and Retention

The following terms govern how your data is shared and retained on the platform:

• 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, you will have thirty (30) days to export your Customer Data and Output, using the export tools in the Service or with erblue's assistance on request. After that period, your Customer Data will be deleted from erblue's active systems. Residual copies in backups are deleted as backups expire in the ordinary course, unless retention is required by law.
• Data previously shared with other users may remain accessible to them according to their permissions unless explicitly revoked before cancellation.
• When a TRACE or Field Suite user submits samples, COCs, or related data to a laboratory, including a laboratory that uses LOMS, the receiving laboratory holds its copy of that data as part of its own records. After submission, each party controls and is responsible for its own copy.

Regulated and Accreditation Records

You are responsible for determining and meeting any record retention, audit trail, and accreditation requirements that apply to your records, including those under NELAP/TNI standards, state certification programs, and client contracts, and for exporting any records you must retain before they are deleted under this Agreement. On request, erblue will provide reasonable assistance with exporting records and available audit logs.

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.

erblue is committed to protecting user data and to complying with applicable data protection laws and regulations. Personal data will only be used to provide and improve the Service and will not be shared with third parties without user consent, except with subprocessors acting on erblue's behalf under Section 2 or as required by law. The Service is hosted in the United States.

erblue employs administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of user data. 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.

• A valid credit card is required for certain paid accounts, unless erblue agrees to invoice you under an Order Form. Free accounts are not required to provide a credit card number.
• Fee-based services are billed in advance on a monthly basis (or annually, or as stated in your Order Form) and are non-refundable.
• No refunds will be provided for partial months, upgrades, downgrades, or unused time.
• All fees are exclusive of taxes, which are the responsibility of the user, excluding taxes based on erblue's income.
• Plan changes result in billing adjustments applied in the next cycle.
• erblue is not responsible for data loss due to downgrades.

• Accounts can be canceled at any time through the Account settings or as provided in your Order Form. Cancellation takes effect at the end of the current billing period. Customer Data will remain available for export for thirty (30) days after cancellation and will then be deleted as described in Section 2.
• Upon cancellation, shared content will remain accessible to other active users.
• erblue may suspend or terminate accounts for violation of this Agreement, non-payment, or conduct that threatens the security or integrity of the Service, with notice where practicable.
• Termination results in loss of access and deletion of all associated data after the thirty (30) day export period.

erblue grants you a non-exclusive, non-transferable license to use the Software solely for internal business purposes. Internal business purposes include delivering Output to your own clients, such as a consultant sharing TRACE reports with its clients or a laboratory receiving COCs from its clients through LOMS. You may not modify, redistribute, or use the Software for unlawful purposes. Unauthorized use is strictly prohibited. Users must accept updates, patches, or changes to the Software to maintain access and functionality.

Labs

• LOMS is licensed to laboratories under a signed Order Form and Master Subscription Agreement, together with any service level agreement and data processing addendum referenced in it. Those documents govern the laboratory's subscription, fees, service levels, data retention, and termination, and control over this Agreement. This Agreement applies to the laboratory's clients who submit data through LOMS, to evaluations and pilots before a signed agreement is in place, and to any matter the signed agreement does not address.
• Labs are granted access to the Lab Order Management System (LOMS) for sample submissions, chain-of-custody management, and preparation of standardized, LIMS-ready sample data at Login.
• LOMS Output assists the laboratory's Login process. The laboratory remains responsible for reviewing Output against source COCs and samples before relying on it, and for sample acceptance, hold times, analytical results, and reports.
• Unless the signed agreement states otherwise, labs have 30 days post-termination to export data. After this period, erblue may permanently delete data.

Field Professionals

• Field professionals are granted access to TRACE and/or erblue Field Suite, including the Inspector App and Portal, for data collection, reporting, and collaboration.
• Fees for field professionals are billed monthly in advance and are non-refundable. Additional usage may incur supplemental fees.
• Field professionals have thirty (30) days after termination to export data, as described in Section 2.
• TRACE and Field Suite support professional work but do not replace it. The field professional remains solely responsible for sampling methods, observations, professional conclusions, regulatory determinations, and reports issued to clients or agencies. erblue does not provide environmental consulting, engineering, industrial hygiene, or legal services.
• Regulatory content generated by the Service is based on the jurisdictions the Service supports, which are currently in the United States. You are responsible for confirming the requirements that apply to your work and location.

Beta Features

• Beta Features, including TRACE while designated as beta, are provided for early use and evaluation, may change or be discontinued, and are provided "as is" without service level commitments, even where fees are charged. erblue will give at least thirty (30) days' notice before discontinuing a paid Beta Feature and will allow export of related Customer Data.

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 (including a laboratory's clients submitting COCs and sample information to that laboratory through LOMS, or a consultant's subcontractors entering field data in TRACE), 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 Agreement.

By authorizing such third parties to submit data, the user acknowledges that they are solely responsible for:

• Ensuring the Authorized Submitter has obtained all necessary rights, consents, and legal bases for such submissions.
• Managing permissions and access to any data submitted.
• Compliance with all applicable laws and regulations governing such data.

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 Agreement. erblue disclaims all liability for submissions made by Authorized Submitters without appropriate authorization or legal basis.

Users must not upload harmful content, including viruses, malware, or malicious code, into the Service. 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.

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

You may connect third-party AI assistants or agents to the Service (for example, through erblue's MCP connector) to act on your behalf. Actions taken through a connected agent are treated as your actions. Data you send to or receive through a third-party agent is governed by your agreement with that provider, and erblue is not responsible for its handling. When you direct the Service to retrieve a file from a URL, you represent that you are authorized to provide it. erblue may suspend or revoke connector access to protect the Service.

Users agree to keep erblue's proprietary information confidential, including but not limited to software designs, algorithms, and documentation. 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. erblue will likewise protect Customer Data and your non-public business information with at least the same degree of care it uses for its own confidential information, and no less than reasonable care.

erblue reserves the right to modify the Service. erblue will give at least thirty (30) days' notice before discontinuing a paid Service, and will allow export of Customer Data. Prices for all Services, including subscription fees, are subject to change with 60 days' notice, except that prices fixed in an Order Form apply for its term. Changes will be communicated via the website or within the Service.

erblue may update this Agreement by posting a revised version with a new Last Updated date. Material changes take effect thirty (30) days after posting or notice to you, and continued use of the Service after that date constitutes acceptance.

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.

Any disputes arising under this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration proceedings will be held in Somerset, New Jersey, unless otherwise agreed by both parties. Each party will bear its own costs and expenses, except as otherwise awarded by the arbitrator.

Users may not scrape, extract, or harvest data from the Service by automated means other than erblue-provided exports, APIs, and connectors (this does not limit your right to export your own Customer Data and Output); reverse engineer the Service or use it to build a competing product; violate intellectual property rights; or engage in illegal, harmful, or fraudulent activities.

Users grant erblue the right to use any feedback, suggestions, or ideas provided about the Software without additional compensation. Feedback may be used to improve the Software or develop new features.

erblue retains all rights, title, and interest in the Software, documentation, and associated intellectual property. Aggregated, de-identified data may be used to develop, improve, and offer erblue's products and services but will not be reasonably identifiable to specific users, customers, laboratories, clients, or sites. Users retain ownership of their data. erblue will not access or use data beyond what is necessary to provide, support, secure, analyze, and improve the Service, to provide reports and insights to you, and as described in this Section.

Except as expressly stated in an Order Form, the Software is provided "as is" without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose. erblue does not warrant that Output, including AI-generated content, will be error free, and Output does not replace your review before reliance, as described in Section 7. erblue is not liable for indirect, incidental, or consequential damages. erblue's liability is capped at the amount paid by you in the 12 months preceding the claim.

This Agreement is governed by the laws of the State of New Jersey, without regard to its conflict of law principles.

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.