Evaluation (Trial) Agreement — Interactive Case Study Builder

"Authorized Users" means up to eight (8) named instructors or staff members of Customer, designated by Customer's administrator in the Service or in writing (email sufficient) to Provider, each with individual login credentials.

"Customer Content" means companies, personas, assignments, simulations, and other materials created by Authorized Users in the Service, together with chat transcripts generated during the Trial Period.

"Test Data" means fictitious or synthetic information that does not include personal data relating to any identified or identifiable individual, other than the business contact details (name, work email, title) of Authorized Users themselves.

"Trial Period" means the period described in Section 5.1.

"Acceptance Record" means the electronic record created when Customer's authorized representative accepts this Agreement in the Service, as described in Section 16.

"Subscription Agreement" means the Cloud Service Agreement for the Service between the parties, consisting of the Cover Page attached as Exhibit B together with the Common Paper Cloud Service Agreement Standard Terms, Version 2.1 (available at commonpaper.com/standards/cloud-service-agreement/2.1/), which the Cover Page incorporates by reference.

Subject to this Agreement, Provider grants Customer a free, non-exclusive, non-transferable, non-sublicensable right during the Trial Period for Authorized Users to access and use the Service solely for Customer's internal evaluation of the Service for potential subscription. The Service is provided for evaluation only and is not a production service.

3.1 Test Data only. Customer shall ensure that only Test Data is entered into the Service. Without limiting the foregoing, no personal data of students, and no personal data of any individual other than Authorized Users' own business contact details, may be entered into or collected through the Service during the Trial Period.

3.2 No live classroom use. During the Trial Period, Customer shall not use the Service with enrolled students, shall not distribute simulation share links to students, and shall not use the Service in any credit-bearing, graded, or otherwise assessed academic activity.

3.3 General restrictions. Customer shall not: (a) resell, sublicense, or provide the Service to any third party; (b) reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by applicable law; (c) use the Service to develop a competing product; (d) circumvent usage limits or security controls; or (e) use the Service in violation of applicable law.

3.4 Responsibility for users and links. Customer is responsible for Authorized Users' compliance with this Agreement and for maintaining the confidentiality of share links generated in the Service.

3.5 In-product acknowledgements. Customer acknowledges that the Service presents trial-terms notices to Authorized Users and a test-environment notice on student-facing screens, and that acceptances are recorded electronically. Such records are admissible evidence of notice; they supplement, and do not replace, this Agreement.

4.1 The Service operates on a "bring your own key" model. Customer will configure its own account and API key with a supported third-party AI provider (currently Anthropic, OpenAI, or Google) (the "AI Provider"). Customer's relationship with its AI Provider, including all usage fees, rate limits, and terms of service, is solely between Customer and the AI Provider.

4.2 All AI usage costs incurred under Customer's API key are Customer's sole responsibility, including usage resulting from share links generated by Authorized Users. Provider stores Customer's API key encrypted and uses it solely to provide the Service to Customer.

5.1 Trial Period. The Trial Period begins on the date Provider activates Customer's organization in the Service (the "Activation Date") and continues for ninety (90) days, unless extended by mutual written consent (email sufficient) or terminated earlier under this Section.

5.2 Termination for convenience. Either party may terminate this Agreement at any time on written notice (email sufficient), with no liability for the termination itself.

5.3 Suspension. Provider may suspend access to the Service, in whole or in part (including individual share links), immediately upon a breach or suspected breach of Section 3, pending the process in Section 8.

5.4 Effect of end of Trial. At the end of the Trial Period (by expiry or termination), Customer's access ceases unless the parties have executed the Subscription Agreement. Sections 7.3, 9, 10, 12, 13, 14, 15, and 16 survive.

No fees are payable by Customer for the Trial Period. Section 4.2 (AI usage costs) is unaffected.

7.1 What Provider stores. During the Trial Period, Provider stores: (a) Authorized User account data (name, work email) processed through Provider's authentication service; and (b) Customer Content, including evaluation chat transcripts. Provider's current sub-processors are listed at casebuilder.studio/legal/subprocessors. The Service is hosted in the United States.

7.2 No DPA for the Trial Period. Because Section 3.1 prohibits the entry of personal data (other than Authorized Users' business contact details) into the Service, the parties agree that no separate data processing agreement is required for the Trial Period. The data processing agreement attached as Exhibit C will be executed upon conversion under Section 8 or upon execution of the Subscription Agreement, whichever first occurs.

7.3 End-of-trial deletion. Unless the parties execute the Subscription Agreement, Provider will delete Customer Content within thirty (30) days after the end of the Trial Period and will confirm deletion in writing upon request. Provider may retain acknowledgement and acceptance records described in Section 3.5, and routine backups pending their scheduled destruction, as evidence of the parties' dealings.

8.1 If personal data of students, or live classroom use, is introduced into the Service during the Trial Period — however detected, and whether or not intentional — the party discovering it will promptly notify the other, and the parties will confer in good faith within five (5) business days.

8.2 Following notice, Customer will, at Provider's election, either: (a) cease the non-conforming use and delete (or instruct Provider to delete) the affected data, certifying the same in writing; or (b) execute the Subscription Agreement (Exhibit B) and the data processing agreement (Exhibit C) within ten (10) business days, in which case the affected use will be treated as covered from execution. Provider may suspend affected share links in the interim under Section 5.3.

8.3 The parties intend this Section as a practical path to bring unanticipated real-world use under proper terms; it does not waive any right or remedy for willful or repeated breach of Section 3.

9.1 Customer Content. As between the parties, Customer owns Customer Content. Customer grants Provider a non-exclusive license to host, process, transmit, and display Customer Content solely to provide the Service and as described in Section 7.

9.2 Service. As between the parties, Provider owns the Service, the underlying software, documentation, and all improvements, modifications, and derivatives thereof. No rights are granted except as expressly stated in this Agreement.

9.3 Feedback. Customer grants Provider a perpetual, irrevocable, worldwide, royalty-free license to use suggestions, ideas, and feedback provided by Customer or Authorized Users regarding the Service, without attribution or compensation, provided such use does not identify Customer or any individual.

10.1 Each party (the "receiving party") shall protect the non-public business and technical information disclosed by the other party (the "disclosing party") in connection with this Agreement ("Confidential Information") using at least the care it applies to its own similar information, and no less than reasonable care, and shall use such information only to perform under, or evaluate the subject matter of, this Agreement.

10.2 Confidential Information excludes information that: (a) is or becomes public through no fault of the receiving party; (b) was known to the receiving party without restriction before disclosure; (c) is independently developed without use of the disclosing party's information; or (d) is rightfully received from a third party without duty of confidentiality.

10.3 A receiving party may disclose Confidential Information to the extent required by law, with prompt notice to the disclosing party where legally permitted. This Section survives for three (3) years after the end of the Trial Period.

THE SERVICE IS PROVIDED FOR EVALUATION "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND PROVIDES NO SERVICE-LEVEL COMMITMENT DURING THE TRIAL PERIOD. PROVIDER MAY MODIFY OR SUSPEND THE SERVICE AT ANY TIME DURING THE TRIAL PERIOD. AI-GENERATED OUTPUT MAY BE INACCURATE; THE SERVICE IS AN INSTRUCTIONAL AID, AND CUSTOMER'S PERSONNEL REMAIN RESPONSIBLE FOR ALL ACADEMIC AND EVALUATIVE JUDGMENTS.

12.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

12.3 Section 12.1 and 12.2 do not apply to: (a) Customer's breach of Section 3 (Trial Restrictions); (b) either party's breach of Section 10 (Confidentiality); or (c) liability that cannot be limited under applicable law.

Customer will defend and indemnify Provider against third-party claims (including claims by students, Authorized Users, or data protection authorities) to the extent arising from Customer's breach of Section 3 (Trial Restrictions), provided Provider gives Customer prompt notice, reasonable cooperation, and sole control of the defense (Provider may participate at its own expense).

Neither party will use the other party's name, logo, or marks in any public communication without the other party's prior written consent (email sufficient). Consent to a specific use is not consent to further uses.

15.1 Entire agreement; order of precedence. This Agreement (including its Exhibits) is the entire agreement of the parties for the evaluation and supersedes all prior discussions regarding it. In-product notices supplement but do not amend this Agreement. Amendments must be in writing (email exchange between authorized representatives is sufficient).

15.2 Assignment. Neither party may assign this Agreement without the other party's written consent, except to a successor in a merger, reorganization, or sale of substantially all assets, with notice.

15.3 Notices. Notices must be in writing and sent by email — to Provider at john.biske@support-savvy.com, and to Customer at the email address of the accepting representative in the Acceptance Record (or a replacement address Customer designates in writing) — effective on the first business day after transmission without a bounce.

15.4 Independent contractors. The parties are independent contractors; nothing here creates a partnership, joint venture, or agency.

15.5 Severability; waiver. If any provision is unenforceable, the remainder stays in effect and the provision is enforced to the maximum extent permitted. Failure to enforce a provision is not a waiver.

15.6 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

15.7 Governing law; venue. This Agreement is governed by the laws of the Commonwealth of Massachusetts, USA, excluding its conflicts rules and the U.N. Convention on Contracts for the International Sale of Goods. The parties consent to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts.

15.8 Electronic execution. This Agreement is executed electronically as described in Section 16. No handwritten signature is required for it to be binding.

16.1 How this Agreement is accepted. This Agreement is presented in the Service when Customer's designated administrator accepts Provider's invitation to the trial and activates Customer's organization. By completing the acceptance flow — reviewing this Agreement, supplying the information described in Section 16.2, checking the acceptance box, and selecting the accept button — the accepting individual (i) represents that they have authority to bind Customer, and (ii) accepts this Agreement on Customer's behalf.

16.2 Acceptance Record. At acceptance, Customer's administrator supplies, and the Service records: Customer's legal entity name, entity type, and jurisdiction of organization; registered address; VAT or tax identification number (where applicable); and the accepting representative's name, title, and work email address. The Service also records the date and time of acceptance, the accepting user's account identifier and IP address, the version identifier of this Agreement, and a hash of the exact text accepted (together, the "Acceptance Record"). The Acceptance Record identifies "Customer" for all purposes of this Agreement and is incorporated into it.

16.3 Offered by Provider. This Agreement is offered by Support Savvy Consulting LLC — John Biske, Founder — john.biske@support-savvy.com.

If Customer executes the Subscription Agreement within thirty (30) days after the end of the Trial Period, the following pricing applies for Customer's first subscription year: US $1,200 per year platform subscription, plus US $350 per professor seat per year, with unlimited students, simulations, and conversations per seat and no per-student fees, billed annually by invoice, Net 30. Otherwise Provider's then-current pricing applies. AI usage costs remain Customer's responsibility under its own AI Provider account (Section 4).

The Cloud Service Agreement Cover Page for the Interactive Case Study Builder, which incorporates the Common Paper Cloud Service Agreement Standard Terms, Version 2.1, by reference.

The Data Processing Agreement Cover Page for the Interactive Case Study Builder, which incorporates the Common Paper DPA Standard Terms, Version 1.1 (including the EU Standard Contractual Clauses, Module Two, and the UK Addendum), by reference. Executed at conversion under Section 8.2(b) or upon execution of the Subscription Agreement; pre-attached so conversion requires no renegotiation.