Clarity Terms & Conditions

These Clarity Terms & Conditions (the "Agreement") govern your access to and use of Clarity, an artificial-intelligence document-processing feature of the GageList platform provided by Espresso Moon LLC, a Texas limited liability company doing business as GageList ("GageList," "we," "us," "our").

This Agreement is a separate, standalone agreement between you and GageList. It operates alongside — and does not replace — the GageList Terms of Service, Privacy Policy, and any Data Processing Addendum applicable to your account (collectively, the "Main Terms"). See Section 2.

By accessing or using Clarity, you agree to this Agreement. If you do not agree, do not use Clarity. If you are entering into this Agreement on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

Plain English Summary

This summary is provided for convenience only. It is not part of the legally operative terms. If anything in this summary conflicts with the detailed sections below, the detailed sections control.

Clarity reads your calibration certificates for you. You upload a certificate — or email it to your Clarity inbox — and Clarity uses optical character recognition and an artificial intelligence model (Microsoft's Azure OpenAI Service, running inside Microsoft Azure in the United States) to pull out the important fields, then tries to match the certificate to the right gage in your GageList account. It is a time-saver, not an oracle: the AI can and sometimes will get things wrong, so you need to review what it produces before you rely on it. Calibration records are compliance records, and you remain the one responsible for their accuracy.

You are charged by the page — one page of a document is one page of your allowance, regardless of how much or how little is printed on it. A five-page certificate costs five pages. Every page counts, whether the AI reads the document perfectly, partially, or not at all: we're charged by our AI providers the moment a document is submitted for processing, so we charge you at that same moment and we don't refund pages that produce a poor result. If a document fails and you retry it, that retry costs pages again. Your page allowance resets each month and unused pages don't carry over. Pages we never actually attempt to process — an unsupported file type, or a file that fails before it reaches the AI — aren't charged. When your allowance runs out, documents wait in a "Needs Credits" state until your allowance resets or you buy more.

Your documents are yours. We use them to run Clarity for you, to keep the product working, to support you when something breaks, and to make Clarity better over time. We do not use your documents to train artificial intelligence models, and neither Microsoft nor OpenAI uses them to train theirs. Clarity runs on shared infrastructure, which means your documents may sit in shared storage and be submitted to the AI in the same batch as other customers' documents, with your data logically separated and tagged to your account. If your own compliance obligations don't permit that, contact us before using Clarity.

Finally: don't upload things Clarity isn't for. No personal health information, no payment card data, no government-classified material, no export-controlled technical data, and nothing you don't have the right to upload.

Questions about any of this: support@gagelist.com.

Contents

1. Definitions
2. Relationship to the Main Terms
3. What Clarity Does
   • 3.1 Document statuses
   • 3.2 Supported formats
   • 3.3 Processing is asynchronous
   • 3.4 Processing order
4. Your Submissions
   • 4.1 Ownership
   • 4.2 License you grant us
   • 4.3 How we use Submissions
   • 4.4 No AI model training
   • 4.5 Your responsibilities and warranties
   • 4.6 Prohibited content
   • 4.7 Personal data in Submissions
5. AI Output — Accuracy and Your Obligation to Review
   • 5.1 Output is probabilistic
   • 5.2 You must verify before you rely
   • 5.3 No compliance warranty
   • 5.4 Retain your source documents
   • 5.5 No high-risk reliance
   • 5.6 Non-determinism
6. Pages, Allowances, and Charges
   • 6.1 Pages are the unit of measure
   • 6.2 How Page counts are determined
   • 6.3 Your Page Allowance
   • 6.4 When you are charged
   • 6.5 What is not charged
   • 6.6 What is charged — including failures
   • 6.7 Retries are charged again
   • 6.8 No refunds
   • 6.9 Exhausting your allowance
   • 6.10 Measurement and disputes
   • 6.11 Fair use
7. Processing Environment, Subprocessors, and Data Handling
   • 7.1 Where processing happens
   • 7.2 Shared, multi-tenant processing
   • 7.3 Intermediate processing artifacts — 30-day deletion
   • 7.4 Source documents, Output, and post-termination retention
   • 7.5 Deletion on request
   • 7.6 Security
   • 7.7 Email ingestion
   • 7.8 Confidentiality
8. Term, Suspension, and Termination
   • 8.1 Term
   • 8.2 Your right to stop
   • 8.3 Suspension
   • 8.4 Effect of termination
9. Disclaimer of Warranties
10. Limitation of Liability
11. Indemnification
12. Changes to Clarity
13. Changes to This Agreement
14. General
15. Contact

1. Definitions

"Clarity" means the AI-assisted document-processing feature of the GageList platform, including document ingestion, optical character recognition ("OCR"), AI field extraction, gage matching, and the presentation of results in the GageList interface.

"Submission" means any document, file, image, email, attachment, or other content you or your Authorized Users upload to, email to, or otherwise transmit into Clarity, together with any accompanying metadata.

"Output" means the data Clarity returns in respect of a Submission, including extracted text, extracted and inferred field values, custom-field values, confidence indicators, suggested gage matches, and processing statuses.

"Page" means the unit by which Clarity usage is measured and charged, corresponding to one page of a submitted document, as described in Section 6.

"Page Allowance" means the number of Pages available to your account in a given monthly period under your subscription plan or any add-on purchase.

"Authorized User" means an individual you permit to access Clarity under your account.

"AI Providers" means the third-party artificial-intelligence and document-processing services used to deliver Clarity, currently Microsoft Azure Document Intelligence and Microsoft Azure OpenAI Service.

"Main Terms" has the meaning given in the preamble.

2. Relationship to the Main Terms

This Agreement is standalone and self-contained with respect to Clarity. The Main Terms continue to govern your GageList account generally, including account registration, general acceptable use, subscription fees, and platform-wide data retention.

Order of precedence. On any matter addressed in this Agreement, this Agreement controls with respect to Clarity. On any matter not addressed here, the Main Terms apply. Where this Agreement expressly defers to the Main Terms — as it does for post-termination data retention in Section 7.4 — the Main Terms govern that matter.

Negotiated agreements control. If you have a separate signed agreement with GageList — a master services agreement, enterprise agreement, or Data Processing Addendum ("DPA") — that agreement controls over this Agreement to the extent of any conflict.

Termination of your GageList account terminates this Agreement. Clarity cannot be used independently of a GageList account.

3. What Clarity Does

Clarity accepts calibration certificates and related documents and processes them through an automated pipeline:

1. Ingestion. Documents enter Clarity through direct upload in the GageList interface or by email to a Clarity inbox address associated with your account. Page counts are determined at ingestion. Files that are corrupt, unreadable, or of an unsupported type are rejected at this stage.
2. OCR. Supported documents are submitted to Azure Document Intelligence, which extracts text, layout, and key-value structure.
3. AI extraction. The OCR result is submitted to Azure OpenAI, which extracts standard calibration fields and any custom fields you have configured.
4. Gage matching. Clarity compares extracted identifiers against the equipment records in your GageList account and proposes a match where it finds one.
5. Write-back. Results and a processing status are written back to your account for your review.

3.1 Document statuses

Status	Meaning
Ready for You	Processing completed. Output is available for your review.
Needs Credits	Your Page Allowance was insufficient to cover the document. It was not processed and was not charged.
Needs Attention	Processing did not complete successfully. See Section 6.6 regarding charges.
Error	The processing cycle was terminated administratively.

A status of "Ready for You" indicates only that the pipeline completed without a technical failure. It is not a representation that the Output is accurate or complete. See Section 5.

3.2 Supported formats

Clarity currently supports .pdf, .png, .jpg, and .jpeg files. Other formats — including TIFF, Microsoft Office formats, and HTML — are not supported at this time and will be rejected without charge. We may add or remove supported formats at any time under Section 12.

3.3 Processing is asynchronous

Clarity processes documents in scheduled batches, not in real time. Processing time depends on queue depth, document size and complexity, and the availability and throughput of the AI Providers. We do not guarantee any particular processing time, and no service level agreement applies to Clarity processing latency unless expressly agreed in a separate signed agreement. Documents that do not reach a terminal state within our internal processing window are marked "Needs Attention."

3.4 Processing order

Clarity does not guarantee that documents are processed in the order submitted. In particular, where your remaining Page Allowance is insufficient to cover a larger document, Clarity may process smaller documents queued behind it while the larger document waits.

4. Your Submissions

4.1 Ownership

As between you and GageList, you retain all right, title, and interest in and to your Submissions. Nothing in this Agreement transfers ownership of your Submissions to us.

4.2 License you grant us

You grant GageList a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, reformat, display, and process your Submissions and to generate Output from them, solely for the purposes described in Section 4.3. This license is limited to what is necessary to operate and improve Clarity and terminates in accordance with Section 8.4.

4.3 How we use Submissions

We use your Submissions and Output to:

• Provide the service — run the processing pipeline, produce Output, match gages, and write results to your account;
• Support you — investigate and resolve issues you report, and diagnose failures we detect, including by having authorized personnel review the specific documents involved;
• Operate, secure, and maintain the platform — monitor system health, prevent and investigate abuse, fraud, and security incidents, and maintain backups;
• Improve the product — evaluate and improve Clarity's accuracy and reliability, including by analyzing failure patterns, refining our prompts, extraction logic, and matching rules, and testing changes against real-world document formats;
• Produce aggregated and de-identified analytics — statistical and operational metrics that do not identify you, your Authorized Users, or your customers, and from which your Submissions cannot be reconstructed; and
• Comply with law — meet legal, regulatory, and law-enforcement obligations.

4.4 No AI model training

We do not use your Submissions or Output to train, fine-tune, or otherwise develop artificial intelligence or machine learning models, whether our own or those of any third party.

Our AI Providers are contractually prohibited from using your Submissions or Output to train, retrain, or improve their foundation models or to make them available to other customers. Microsoft's Azure OpenAI Service commits that customer prompts and outputs are not used to train, retrain, or improve Microsoft or OpenAI models and are not shared with OpenAI.

"Improving the product" under Section 4.3 means improving the software around the model — our prompts, extraction and validation logic, matching rules, error handling, and format support. It does not mean training a model on your data.

4.5 Your responsibilities and warranties

You represent and warrant that, for every Submission:

• you have all rights, licenses, consents, and authority necessary to upload it to Clarity and to permit the processing described in this Agreement, including where the Submission originated from a third-party calibration laboratory or from your own customer;
• the Submission does not infringe or misappropriate any third party's intellectual property, privacy, confidentiality, or other rights; and
• the Submission does not violate any applicable law, regulation, export control, or contractual restriction binding on you.

4.6 Prohibited content

You must not submit to Clarity:

• protected health information subject to HIPAA or comparable health-privacy laws;
• payment card data subject to PCI DSS;
• government-classified, controlled unclassified, or export-controlled technical data, including data subject to ITAR or EAR licensing requirements;
• biometric identifiers, financial account credentials, or national identification numbers;
• special categories of personal data as defined under the GDPR or comparable law, or the personal data of children;
• malicious code, or files intentionally crafted to disrupt, overload, probe, or circumvent Clarity or the AI Providers, including through prompt injection or adversarial input; or
• content unrelated to the legitimate operation of your calibration program, or submitted in volume for the purpose of benchmarking, scraping, reverse engineering, or building a competing product.

Clarity is designed for calibration certificates and closely related equipment documentation. It is not designed, tested, or warranted for any other category of document. We may reject, quarantine, or delete any Submission that violates this Section, and may suspend Clarity access under Section 8.3.

4.7 Personal data in Submissions

Calibration certificates routinely contain limited business-contact personal data — technician names, signatures, inspector identifiers, and similar. Where we process personal data contained in your Submissions, we do so as a processor (or service provider) acting on your instructions, and any applicable DPA governs that processing. You are the controller (or business) and are responsible for having a lawful basis for the processing and for providing any required notices to the individuals concerned. If you require a DPA and do not have one in place, contact support@gagelist.com before using Clarity.

5. AI Output — Accuracy and Your Obligation to Review

This section is important. Please read it carefully.

5.1 Output is probabilistic

Clarity relies on OCR and large language models. These technologies are statistical and probabilistic. They can and do produce results that are incorrect, incomplete, internally inconsistent, or entirely fabricated, including results that appear confident and well-formed but are wrong. Errors are more likely with poor scan quality, handwriting, unusual certificate layouts, dense tabular data, multi-column formats, non-English text, and photographs taken at an angle or in low light.

Clarity's gage matching is likewise a suggestion. It may match a certificate to the wrong asset, or fail to match a certificate that does have a corresponding asset in your account.

5.2 You must verify before you rely

You are solely responsible for reviewing and verifying all Output before relying on it, acting on it, entering it into your quality system, or presenting it to any auditor, regulator, customer, or accreditation body. Clarity is a productivity aid that produces a draft for human review. It is not a substitute for the professional judgment of a qualified metrologist, quality manager, or calibration technician.

Fields including calibration dates, due dates, measurement results, as-found and as-left values, tolerances, uncertainties, pass/fail determinations, standards traceability, and equipment identifiers are particularly consequential and must be verified against the source certificate.

5.3 No compliance warranty

Clarity does not certify, validate, or attest to anything. Use of Clarity does not establish, and must not be represented as establishing, compliance with ISO/IEC 17025, ISO 9001, ANSI/NCSL Z540, AS9100, IATF 16949, FDA 21 CFR Part 11 or Part 820, or any other standard, regulation, accreditation requirement, or contractual quality obligation. You remain solely responsible for the accuracy, completeness, integrity, and regulatory sufficiency of your calibration records, and for any recordkeeping, audit trail, electronic signature, or data integrity requirements applicable to you.

5.4 Retain your source documents

Output is a derived representation of your Submission and may not capture everything the source document contains. You should retain the original certificates as your records of authority and should not treat Clarity Output as the sole or authoritative record of any calibration event. We do not warrant that Submissions will be retained indefinitely or that they will be recoverable following deletion, account termination, or a service incident.

5.5 No high-risk reliance

Clarity is not designed or authorized for use as the sole basis of any determination where an error could result in death, personal injury, environmental harm, or catastrophic property or financial damage. If your calibration program supports such applications, independent human verification of all Output is mandatory.

5.6 Non-determinism

Identical or near-identical Submissions may produce different Output on different occasions. Model versions, prompts, and processing logic change over time. We do not warrant reproducibility of Output and do not guarantee that previously generated Output could be regenerated.

6. Pages, Allowances, and Charges

6.1 Pages are the unit of measure

Clarity usage is measured and charged exclusively in Pages. One page of a submitted document equals one Page. A five-page PDF consumes five Pages; a single-image certificate consumes one Page.

Page counts are based solely on the number of pages in the document. They do not vary with how much text, data, or content a page contains — a densely printed certificate and a sparse one each count as one Page per page.

6.2 How Page counts are determined

Page counts are determined automatically at ingestion, before processing begins, from the page count of the submitted document. Our records of Page counts and Page consumption are the system of record for billing and Page Allowance purposes, absent manifest error.

Your Page consumption is visible in your account. See Section 6.10 if you believe usage has been recorded incorrectly.

6.3 Your Page Allowance

Your subscription plan includes a monthly Page Allowance. Additional Pages may be available for purchase; pricing and terms for additional Pages are as published or as separately agreed.

• Allowances reset monthly. Your consumed-Page total resets at the start of each monthly period.
• Unused Pages do not roll over. Any portion of your Page Allowance not consumed in a monthly period expires at the end of that period and has no cash value.
• Pages are not transferable between accounts and are not redeemable for cash or credit.

6.4 When you are charged

Pages are charged at the moment a document is submitted to the AI Providers for processing — before processing completes and before any Output is generated. We are charged by our AI Providers for a processing attempt regardless of its outcome, and we charge you on the same basis.

6.5 What is not charged

You are not charged for:

• documents rejected because their file type is unsupported (Section 3.2);
• documents rejected at ingestion as corrupt or unreadable;
• documents your Page Allowance was insufficient to cover, which are marked "Needs Credits"; or
• documents that fail internally before being submitted to the AI Providers.

6.6 What is charged — including failures

You are charged for every Page submitted to the AI Providers, including Pages belonging to documents that subsequently fail or produce unusable Output. This includes documents that:

• fail during OCR;
• fail during AI extraction;
• time out during processing; or
• complete but return Output you consider inaccurate, incomplete, or unhelpful.

A processing attempt consumes real, non-recoverable third-party capacity at the moment it is made, and the cause of a poor result — document quality, model behavior, or our own logic — is frequently not distinguishable after the fact.

6.7 Retries are charged again

Each processing attempt is a separate charge. If a document is marked "Needs Attention" and you retry it, the retry consumes Pages again at the document's full Page count. Before retrying, we recommend addressing the likely cause — for example, rescanning a poor-quality image at higher resolution.

6.8 No refunds

Pages consumed are non-refundable. We do not credit, refund, restore, or reverse Pages on the basis of processing failure, Output inaccuracy, retry, dissatisfaction, or subsequent cancellation. Your consumed-Page total only increases within a monthly period.

This Section does not limit any right to a refund you may have under applicable mandatory consumer law, where such law applies to you and cannot be waived by agreement.

6.9 Exhausting your allowance

When your Page Allowance is exhausted, documents already queued are marked "Needs Credits" and are not processed. They remain in your account and can be reprocessed once additional Pages become available, either through your monthly reset or an add-on purchase. Documents in "Needs Credits" status are not charged.

6.10 Measurement and disputes

Our systems are the system of record for Page consumption. If you believe your usage has been recorded in error, notify us at support@gagelist.com within 30 days of the end of the monthly period in which the disputed usage was recorded. We will investigate in good faith. Claims raised after that window are waived.

In rare circumstances arising from concurrent processing, Clarity may permit processing marginally in excess of your Page Allowance; where that occurs, the excess is recorded against your usage and is not treated as a grant of additional Pages.

6.11 Fair use

Clarity is subject to reasonable technical limits on submission rate, file size, batch volume, and concurrency. We may apply, adjust, or enforce such limits to protect service stability for all customers.

7. Processing Environment, Subprocessors, and Data Handling

7.1 Where processing happens

Clarity is hosted on Microsoft Azure and processes Submissions using Microsoft Azure Document Intelligence and Microsoft Azure OpenAI Service. These are subprocessors of GageList.

Processing and storage occur in the United States. Your Submissions may be transferred to, stored in, and processed in the United States. If you are located outside the United States, you acknowledge and consent to that transfer. Where such transfers involve personal data, they are made under the mechanisms described in any applicable DPA and in our Privacy Policy.

Information about Microsoft's own subprocessors is published by Microsoft on the Microsoft Service Trust Portal at https://servicetrust.microsoft.com. We may add or change subprocessors as the service evolves; where a DPA is in place, subprocessor change notice is governed by that DPA.

7.2 Shared, multi-tenant processing

Please read this Section carefully; it describes a material characteristic of the service.

Clarity is a multi-tenant service. This means that:

• Submissions from multiple GageList customers may be stored in shared storage infrastructure, logically separated and tagged to the owning account;
• Submissions from multiple customers may be submitted to the AI Providers together in a single batch processing call;
• extracted results may be held in shared platform database tables, with each record keyed to the owning account; and
• your equipment reference data is retrieved from your account-specific database and used only for your documents.

Clarity enforces separation between customers logically — through account identifiers carried with every record and enforced at every read and write — rather than by giving each customer physically distinct infrastructure at every layer. We maintain access controls, encryption in transit and at rest, scoped credentials, and monitoring designed to prevent cross-account access, and we continue to invest in strengthening these boundaries. However, if your own regulatory, contractual, or customer obligations require that your documents never be co-located or co-processed with another organization's data, Clarity in its standard configuration may not be appropriate for you.

7.3 Intermediate processing artifacts — 30-day deletion

Clarity creates temporary working data during processing, including staged copies of your documents, raw OCR results, and per-cycle account context files. These are working artifacts, not records.

Intermediate processing artifacts are automatically deleted 30 days after creation. They should not be relied upon as records of any calibration event, and we will not restore them after deletion.

7.4 Source documents, Output, and post-termination retention

Source documents and Output are stored with your GageList account. Retention and deletion of source documents and Output — during the term and following termination of your GageList account — are governed by the Main Terms and any applicable DPA, on the same basis as other content in your account. This Agreement does not shorten or extend those periods.

For clarity, the 30-day deletion in Section 7.3 applies only to intermediate processing artifacts and operates independently of the retention applicable to your account content.

7.5 Deletion on request

You may delete Submissions and Output through the GageList interface, or request deletion at support@gagelist.com. Deletion is irreversible. Deletion requests are honored on live systems in accordance with the Main Terms; backup copies age out on our standard backup rotation.

7.6 Security

We maintain administrative, technical, and physical safeguards designed to protect Submissions, as described in the Main Terms and our security documentation. No system is perfectly secure, and we do not warrant that Submissions will never be subject to unauthorized access, loss, or disclosure. You are responsible for the security of your account credentials, for managing Authorized User access, and for securing the email inbox associated with your Clarity ingestion address.

7.7 Email ingestion

If you use email ingestion, note that email is not a secure transport by default. Documents emailed to your Clarity address transit third-party mail infrastructure outside our control before reaching us. You accept that risk when you choose email ingestion instead of direct upload.

7.8 Confidentiality

We treat your Submissions as your confidential information. Access by our personnel is limited to those with a need to access it for the purposes in Section 4.3, is subject to confidentiality obligations, and is logged.

8. Term, Suspension, and Termination

8.1 Term

This Agreement takes effect the first time you or an Authorized User uses Clarity and continues until your GageList account terminates or Clarity is discontinued.

8.2 Your right to stop

You may stop using Clarity at any time. Doing so does not entitle you to a refund of any Pages already consumed or of any subscription fees, except as provided in the Main Terms.

8.3 Suspension

We may suspend or restrict your access to Clarity immediately, with notice where practicable, if we reasonably believe you have breached Section 4.5 or 4.6, if your usage threatens the stability or security of the service or the AI Providers, if an AI Provider requires it, or if required by law.

8.4 Effect of termination

On termination, your license to use Clarity ends, queued documents are not processed, and unused Pages are forfeited. Retention and deletion of your Submissions and Output follow Section 7.4.

Sections 1, 2, 4.1, 5, 6.8, 7.4, 7.8, 9, 10, 11, and 14 survive termination.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLARITY AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

WITHOUT LIMITING THE FOREGOING, GAGELIST SPECIFICALLY DISCLAIMS ANY WARRANTY THAT OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, CONSISTENT, OR REPRODUCIBLE; THAT CLARITY WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; THAT ANY PARTICULAR DOCUMENT WILL BE PROCESSED SUCCESSFULLY; THAT DEFECTS WILL BE CORRECTED; OR THAT USE OF CLARITY WILL SATISFY ANY LEGAL, REGULATORY, ACCREDITATION, OR CONTRACTUAL REQUIREMENT APPLICABLE TO YOU.

GAGELIST FURTHER DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the fullest extent permitted, and you may have additional rights that cannot be waived.

10. Limitation of Liability

10.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAGELIST WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO CLARITY OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT GAGELIST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Liability cap. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, ARISING OUT OF OR RELATING TO CLARITY OR THIS AGREEMENT, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

This limitation mirrors Section 23 of the GageList Terms of Use and applies in addition to, and not in place of, that limitation. Amounts paid for Clarity Pages count toward the amount paid under this Section.

10.3 Specific exclusions. For the avoidance of doubt, and without limiting Sections 10.1 and 10.2, GageList will have no liability for any claim arising out of or relating to:

• the inaccuracy, incompleteness, or unavailability of any Output;
• your reliance on Output without independent verification as required by Section 5;
• any finding, non-conformance, corrective action, recall, audit failure, loss of accreditation, or regulatory action resulting from Output;
• the use of equipment that Clarity indicated, incorrectly, to be within calibration or within tolerance;
• Pages consumed on documents that failed or produced unsatisfactory Output; or
• the acts, omissions, outages, or changes of any AI Provider.

10.4 Essential basis. The limitations in this Section apply even if a limited remedy fails of its essential purpose, and reflect an agreed allocation of risk that forms an essential basis of the bargain between the parties.

10.5 Mandatory law. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Nothing in this Agreement limits liability that cannot be limited under applicable law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence.

11. Indemnification

You will defend, indemnify, and hold harmless Espresso Moon LLC and its affiliates, members, officers, employees, and agents from and against any third-party claim, demand, proceeding, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your Submissions, including any claim that a Submission infringes or misappropriates a third party's rights or was submitted without necessary authority; (b) your breach of Section 4.5 or 4.6; (c) your use of Output in violation of Section 5; or (d) your violation of applicable law in connection with Clarity.

We will promptly notify you of any such claim, give you sole control of the defense and settlement (except that you may not settle in a way that imposes obligations on us without our written consent), and provide reasonable cooperation at your expense.

12. Changes to Clarity

Clarity is an actively developed feature built on rapidly evolving third-party technology. We may modify, add, deprecate, or discontinue any aspect of Clarity at any time, including the AI models used, supported file formats, extraction fields, matching logic, page-counting methodology, processing architecture, performance characteristics, and Output structure and quality. Model and prompt changes may alter Output for documents that previously processed differently.

We will provide reasonable advance notice of changes we determine are materially adverse to your use of Clarity, where practicable. Changes to underlying AI models may occur on the AI Providers' timelines and with limited or no advance notice to us.

We may also modify Page Allowances, pricing, and fair-use limits on a prospective basis in accordance with the Main Terms.

13. Changes to This Agreement

We may update this Agreement from time to time. We will post the updated version with a revised "Last updated" date and, for material changes, provide notice through the GageList platform or by email at least 30 days before the changes take effect. Your continued use of Clarity after the effective date constitutes acceptance. If you do not agree, stop using Clarity before that date.

14. General

Governing law. This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Venue. The parties submit to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, and waive any objection to venue or forum non conveniens in those courts.

Feedback. If you provide suggestions, feature requests, or other feedback about Clarity, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or obligation to you. Feedback is not your confidential information and does not include your Submissions.

No professional advice. Clarity does not provide metrological, engineering, legal, or regulatory advice.

Beta and preview functionality. Any Clarity functionality identified as beta, preview, early access, or experimental is provided without warranty or support of any kind and may be changed or withdrawn at any time. Do not use it for production compliance records.

Assignment. You may not assign this Agreement without our prior written consent. We may assign it to an affiliate or in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, outages or failures of the AI Providers or other infrastructure providers, network failures, labor disputes, or governmental action.

Notices. Notices to GageList must be sent to support@gagelist.com and to the mailing address in Section 15. Notices to you may be given through the GageList platform or to the email address on your account.

No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

Entire agreement. This Agreement, together with the Main Terms and any applicable DPA or signed agreement, constitutes the entire agreement regarding Clarity and supersedes any prior understandings on that subject.

15. Contact

Espresso Moon LLC (d/b/a GageList)
8500 Cypresswood Dr, Suite 206
Spring, TX 77379
United States

General, support, privacy, and billing inquiries: support@gagelist.com

By using Clarity, you acknowledge that you have read and understood this Agreement — in particular Section 5 (AI Output — Accuracy and Your Obligation to Review), Section 6 (Pages, Allowances, and Charges), and Section 7.2 (Shared, Multi-tenant Processing) — and agree to be bound by it.