Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Datawiser LLC ("Company", "we", "us", or "our") and the institutional entity or individual researcher ("User", "you", or "your") accessing the Vestigium platform and related services.

By utilizing our API, or accessing our web interface, you affirm that you have the legal authority to bind your institution to these Terms. If you do not agree to every provision of this document, you must cease use of our infrastructure.

2. Deterministic Responsibility

Vestigium provides high-fidelity research mapping. However, scientific research is inherently subjective and open to interpretation.

2.1 No Guarantee of Validity

You acknowledge and agree that Vestigium is a research instrument provided on a best-effort basis. We DO NOT warrant or guarantee that our engine will detect every instance of scientific consensus or accurately represent every claim.

2.3 "As Is" Architecture

The Vestigium platform and its API are provided strictly on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, Datawiser LLC disclaims all warranties, explicit or implied. We are not responsible for any research misdirection arising from your use of the platform.

3. License and Restrictions

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Vestigium platform for research purposes.

You expressly agree NOT to:

• Reverse-engineer, decompile, or attempt to derive the source code of the platform.
• Utilize the Service for activities prohibited by relevant international law.
• Probe, scan, or test the vulnerability of our API ingress gates without explicit written authorization from our security core.
• Redistribute research insights to unauthorized third parties or competitive services in a bulk manner.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DATAWISER LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO:

• Loss of proprietary data or datasets.
• Research misdirection or delays.
• Interruption of platform access.
• Damage to institutional reputation.
• Loss of funding, research progress, or model performance.
• Unauthorized access to your private workspaces.

IN ALL EVENTS, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO DATAWISER LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

5. Financial Protocol

Subscription fees are handled via our payment processor, Stripe. We operate on a strictly deterministic billing protocol: we offer a conditional refund within the first seven (7) days of activation, provided that you have consumed less than 10% of your plan's allotted "detect endpoint" usage (steps). If your usage exceeds 10%, or if seven days have passed, all fees are strictly non-refundable due to immediate infrastructure commitments.

Detailed cancellation procedures and refund conditions are governed by our Refund & Cancellation Policy, which is incorporated into these Terms by reference.

6. Data Stewardship & Intelligence

By utilizing the Argus platform, you grant Datawiser LLC a non-exclusive, perpetual, irrevocable, world-wide, royalty-free license to utilize aggregated and anonymized signal telemetry ("Anonymized Data") for the purposes of internal research, security hardening, and the training of our predictive intelligence models (specifically the Argus Cerebrum engine).

We affirm that this data usage is strictly limited to non-identifiable mathematical scalars and forensic histograms. We will never utilize your raw model weights, private datasets, or identifiable research parameters in this capacity.

7. Indemnification

You agree to defend, indemnify, and hold harmless Datawiser LLC, its affiliates, directors, and employees, from and against any claims, damages, obligations, losses, liabilities, costs, or debt (including but not limited to attorney's fees) arising from: (a) your use of and access to the Vestigium platform; (b) your violation of any term of these Terms; or (c) any claim that your uploaded data violates a third party's intellectual property rights.

8. Dispute Resolution & Class Action Waiver

Binding Arbitration: Any dispute arising out of or relating to these Terms or the breach thereof shall be finally resolved by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures.

Small Claims Court Carveout: Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided the matter falls within the court's jurisdiction.

CLASS ACTION WAIVER: YOU AND DATAWISER LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9. Governing Law & Force Majeure

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, USA, without regard to its conflict of law principles. Datawiser LLC shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, internet backbone outages, cloud provider failures (e.g., AWS downtime), or governmental actions.