Version 24 September 2026
These Trial and Prototype Terms are issued by Pallarium, a prototype service run before incorporation by its founder (the "Company"). They form part of, and are incorporated into, the Master Terms of Service. They govern the Prototype, every Evaluation Access, every Demonstration and every Non-Public Environment.
IMPORTANT NOTICE. THE PROTOTYPE AND EVERY EVALUATION ACCESS ARE PROVIDED WITHOUT ANY WARRANTY, SERVICE LEVEL OR SUPPORT, MAY BE CHANGED, SUSPENDED OR WITHDRAWN AT ANY TIME WITHOUT NOTICE, AND ALL DATA ENTERED OR SAVED IN THEM MAY BE DELETED AT ANY TIME WITHOUT NOTICE. THE AGGREGATE LIABILITY OF THE COMPANY PARTIES IS LIMITED AS STATED IN SECTION 13.
1.1 Capitalised terms used but not defined in these Trial and Prototype Terms have the meanings given in the Master Terms of Service. In these Trial and Prototype Terms:
(a) "Commercial Release" means the date, if any, on which the Company publishes on the Site that the Service, or the relevant part of it, has ceased to be a Prototype.
(b) "Demonstration" means any presentation, trial or use of the Service conducted by or with the Company at an exhibition, trade show, conference, meeting or other event, or remotely, including on a Demonstration Device or under a Test Account.
(c) "Test Account" has the meaning given in the Master Terms of Service.
(d) "Demonstration Device" means any computer, tablet, telephone, screen or other device provided or operated by or for the Company at a Demonstration.
(e) "Evaluation Access" means any access to or use of the Prototype, of any Non-Public Environment, of any Pre-Release Feature or of any Demonstration, whether or not under an Account and whether or not any Fee is charged.
(f) "Evaluation Data" means all Customer Content, Saved Calculations, Activity Records, Account Data and other data entered, loaded, saved or generated in the course of Evaluation Access.
(g) "Evaluation Materials" means the Prototype, every Non-Public Environment, every Pre-Release Feature, every Output and Document generated in the course of Evaluation Access, and all information concerning any of them that is not published on the Site, including features, Calculators, criteria, data, texts, designs, prices, plans, road maps and performance.
(h) "Evaluation Period" means, in relation to a Tester or a Customer, the period of Evaluation Access determined under Section 15.
(i) "Master Terms of Service" means the master terms of service of the Company published on the Site, as amended from time to time.
(j) "Pre-Release Feature" means any feature, Calculator, data set, function or interface designated by the Company as a prototype, preview, beta, pilot, test or pre-release, or made available only in a Non-Public Environment.
1.2 Section 1.2 of the Master Terms of Service applies to these Trial and Prototype Terms.
2.1 These Trial and Prototype Terms apply to every Evaluation Access, in addition to the Master Terms of Service. In the event of conflict, these Trial and Prototype Terms prevail in respect of Evaluation Access.
2.2 Where a Tester has signed or accepted the Confidentiality Undertaking, the Confidentiality Undertaking prevails in respect of the confidentiality obligations of that Tester and of the Company towards that Tester.
2.3 Section 3.4 of the Master Terms of Service determines who is bound as the Customer. A Tester who uses a Test Account is personally bound by the Agreement, including these Trial and Prototype Terms, as the Customer, and binds the employer, client or other entity for which he or she acts to the extent of his or her authority, in which case the Tester and that entity are each bound as the Customer, jointly and severally.
2.4 Section 3.9 of the Master Terms of Service applies to these Trial and Prototype Terms and to every Evaluation Access, Demonstration and Confidentiality Undertaking entered into before the incorporation of Pallarium.
3.1 Grant. Subject to these Trial and Prototype Terms, the Company grants to the Customer a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable right, during the Evaluation Period, to access and use the Evaluation Materials made available to it solely for the purpose of evaluating the Service for the Customer's internal business purposes.
3.2 No operational use. The Evaluation Materials shall not be used as the basis of any Operation, any commitment to procure, any commercial decision or any representation to any third party.
3.3 Transmission of Documents. Save with the Company's prior written consent:
(a) no Output or Document generated in a Non-Public Environment, under a Test Account or in the course of a Demonstration shall be provided to any person outside the Customer's own organisation, save that a Request for Quotation so generated may be transmitted to a Supplier where a Confidentiality Undertaking that applies so permits, subject to paragraph (b) and to that Confidentiality Undertaking;
(b) in every case of Evaluation Access, a Request for Quotation may be transmitted to a Supplier only in accordance with Section 9.3 of the Master Terms of Service and the Supplier Directory Terms, solely to ask for a price or information, in the form generated by the Service and with every legend it bears, and shall not be used as the specification of any purchase order or contract; and
(c) no other Output or Document generated in the course of Evaluation Access shall be provided to any person outside the Customer's own organisation.
3.4 No entitlement. Evaluation Access is granted at the Company's sole discretion. No person is entitled to Evaluation Access, to its continuation or to its extension.
4.1 Pre-release. The Evaluation Materials are pre-release materials. They may be incomplete, inaccurate, unstable or inoperable, may contain errors, defects and inconsistencies, may produce Outputs that differ materially from those of any later version, and may include features, data, criteria or Documents that are never released.
4.2 Changes and withdrawal. The Company may at any time, without notice and without liability, change, suspend, restrict, reset or withdraw the Prototype, any Non-Public Environment, any Pre-Release Feature, any Demonstration or any Evaluation Access, in whole or in part.
4.3 No commitment. The Company makes no commitment that the Service, or any feature, Calculator, criterion, data set, Document, price or Plan, will be released commercially, will be released in the form presented, or will be released at all.
4.4 Indicative prices. Any price, Plan or other commercial term described in the course of Evaluation Access, on the Site, in any brochure or at any Demonstration is indicative only and does not constitute an offer.
5.1 No service level, availability commitment, response time, support, maintenance, update, correction or training applies to Evaluation Access. Any assistance given by the Company is given gratuitously and without any obligation to continue it.
6.1 Deletion without notice. The Company may delete, reset, overwrite or render inaccessible any Evaluation Data, any Test Account and any Account used for Evaluation Access, at any time, including at the end of any Demonstration or Evaluation Period, without notice and without liability. By accepting these Trial and Prototype Terms, the Customer instructs the Company, for the purposes of the Data Processing Addendum, to delete Evaluation Data in accordance with this Section 6.1, and elects deletion, and not return, of all Evaluation Data processed under the Data Processing Addendum at the end of the Evaluation Access concerned.
6.2 No migration. The Company has no obligation to preserve, migrate, export or make available any Evaluation Data in or to any later version of the Service, including upon Commercial Release.
6.3 Customer copies. The Customer is solely responsible for keeping its own copies of any Input Data that it wishes to retain. The Customer shall not use Evaluation Access as a means of storing any data.
6.4 Tester data. Section 12.3 of the Master Terms of Service applies to all Evaluation Data. Without limiting it, the Customer and each Tester shall not enter, load or show in the course of Evaluation Access any information concerning a Well, a field, a reservoir, an operator or any other person that the Customer or the Tester is not authorised to disclose to the Company.
6.5 Access by the Company. The Company may access, use, copy and process Evaluation Data for the purposes stated in Section 12.2 of the Master Terms of Service and, as to Personal Data, as described in the Privacy Policy and, where it applies, the Data Processing Addendum. The Company may create Aggregated Data from Evaluation Data stored under a Test Account or in a Non-Public Environment, and Section 12.7 of the Master Terms of Service applies to it.
7.1 Authorisation. Access to a Non-Public Environment is permitted only to the individual to whom the Company has issued Access Credentials for it, only for the duration and purpose stated by the Company, and only within the scope of the functions made available to that individual.
7.2 Credentials. Access Credentials for a Non-Public Environment, including any shared password, are Confidential Information of the Company. They shall not be disclosed, shared, forwarded, recorded in any shared location or used by any person other than the individual to whom they were issued.
7.3 Administrative interfaces. No person other than an individual expressly authorised by the Company in writing for that purpose shall access, or attempt to access, any administrative or operator interface of the Service.
7.4 Unauthorised access. Any access to a Non-Public Environment that is not authorised under this Section 7, or that exceeds the authorisation given, is unauthorised. The Company may log, monitor and record all access to Non-Public Environments.
7.5 Revocation. The Company may revoke or change any Access Credentials for a Non-Public Environment at any time without notice.
8.1 Company property. Every Demonstration Device and every Test Account remains the property of the Company, is provided for the duration of the Demonstration or of the Evaluation Period only, and may be reset, closed or deleted by the Company at any time.
8.2 Observed sessions. Any information entered, loaded, displayed or shown in the course of a Demonstration may be seen by representatives of the Company and, where the Demonstration takes place in a public setting, by other persons present. The Customer and each Tester are solely responsible for any information that they choose to enter, load, display or show in the course of a Demonstration.
8.3 Confidential information of third parties. No Tester shall enter, load, display or show in the course of a Demonstration any confidential information concerning any Well, field, reservoir, operator or other person, unless the Tester is authorised to disclose it to the Company and has signed or accepted the Confidentiality Undertaking.
8.4 Recording. No person shall photograph, film, screen-record, capture a screenshot of, copy, print, transcribe or otherwise reproduce any Evaluation Materials, at a Demonstration or elsewhere, save for the Documents that the Service generates for download under that person's own Account or Test Account, which may be retained and used solely as permitted by Section 3.3 and by any Confidentiality Undertaking that applies.
8.5 Marketing materials. Brochures, leaflets, presentations, slides, videos, banners, oral statements and other materials used or distributed at any Demonstration, in any language, are general descriptions provided for information only. They form no part of the Agreement, constitute no offer, and create no warranty, representation or obligation of any kind. Where any such material exists in more than one language, no version prevails over the Agreement, and the English text of the Agreement prevails over every such material.
8.6 Data used at Demonstrations. A Demonstration conducted by or for the Company is conducted on the Well Library or on data selected by the Company. A Tester may enter, load or save data of his or her own only under Evaluation Access granted after the screening provided for in the Sanctions and Export Compliance Policy. No person shall enter, load, save or show, at any Demonstration or in the course of any Evaluation Access, any data relating to a Well, field, licence area or facility situated in a Restricted Territory, to a Prohibited Project or to a Restricted Person, and the Company may decline to run any calculation, and may delete any data, that it considers may so relate.
9.1 The Evaluation Materials, to the extent not published on the Site, are Confidential Information of the Company, and Section 18 of the Master Terms of Service applies to them.
9.2 Without the Company's prior written consent, and save as permitted by Section 3.3, the Customer and each Tester shall not (a) publish, post, broadcast or otherwise disclose to any person outside the Customer's own organisation any Evaluation Materials, any Output generated in the course of Evaluation Access, or any statement concerning the performance, accuracy, functionality or quality of the Prototype; (b) publish or disclose the results of any benchmark, comparison or review of the Prototype; or (c) disclose any Access Credentials.
9.3 Nothing in this Section 9 restricts the disclosure of the fact that a Tester attended a public Demonstration.
10.1 The Company may request Feedback in the course of Evaluation Access. The Customer and each Tester are under no obligation to provide Feedback. Section 14 of the Master Terms of Service applies to all Feedback provided. No Feedback entitles any person to any payment, credit, attribution, discount or other consideration.
11.1 Each Tester represents and warrants that (a) he or she is at least eighteen years of age and acts in the course of a trade, business or profession; (b) he or she is not a Restricted Person and is not acting for or on behalf of a Restricted Person; (c) he or she is not a Competitor and is not acting for or on behalf of a Competitor; (d) he or she is authorised to disclose to the Company every item of information that he or she enters, loads, displays or shows in the course of Evaluation Access; and (e) no such information relates to any Well, field, licence area or facility situated in a Restricted Territory, to any Prohibited Project or to any Restricted Person.
12.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EVALUATION MATERIALS, EVERY DEMONSTRATION, EVERY DEMONSTRATION DEVICE, EVERY DEMONSTRATION ACCOUNT AND ALL EVALUATION DATA ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", WITHOUT ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SECTION 25 OF THE MASTER TERMS OF SERVICE APPLIES IN FULL. THE CUSTOMER AND EACH TESTER USE THE EVALUATION MATERIALS ENTIRELY AT THEIR OWN RISK.
13.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING SECTION 27.2 OF THE MASTER TERMS OF SERVICE, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES, TAKEN TOGETHER, ARISING OUT OF OR IN CONNECTION WITH ALL EVALUATION ACCESS, ALL DEMONSTRATIONS, ALL EVALUATION MATERIALS AND ALL EVALUATION DATA OF THE CUSTOMER AND OF ITS TESTERS, UNDER ANY THEORY OF LIABILITY, INCLUDING UNDER ANY CONFIDENTIALITY UNDERTAKING, SHALL NOT EXCEED THE MINIMUM LIABILITY AMOUNT, AND ANY LIMIT STATED IN A CONFIDENTIALITY UNDERTAKING COUNTS TOWARDS AND DOES NOT INCREASE THAT AMOUNT.
13.2 Section 27.1 and Sections 27.3 to 27.6 of the Master Terms of Service apply to all Evaluation Access.
13.3 Where a Confidentiality Undertaking states a lower limit, or excludes a liability, that lower limit or exclusion applies.
14.1 The Company gives no indemnity of any kind in respect of Evaluation Access. Section 28 of the Master Terms of Service applies to all Evaluation Access, and the Customer's indemnity extends to any Losses arising out of any Evaluation Data that the Customer or any Tester was not authorised to disclose to the Company.
15.1 Duration. Evaluation Access ends on the earliest of (a) the date stated by the Company when it is granted; (b) the date on which the Company gives notice of its end, which the Company may do at any time without cause; (c) the Commercial Release of the relevant part of the Service; (d) the termination of the Agreement; and (e) in respect of a Tester who has signed or accepted a Confidentiality Undertaking, the end of the evaluation period defined in it and, in every other case, the expiry of 12 months after it was first granted.
15.2 Effect. Upon the end of Evaluation Access: (a) the right granted in Section 3.1 terminates; (b) the Customer and each Tester shall cease all use of the Evaluation Materials; (c) the Customer and each Tester shall delete every copy of the Evaluation Materials in their possession or control, save as permitted by the Confidentiality Undertaking, and shall confirm the deletion in writing upon the Company's request; and (d) the Company may delete all Evaluation Data in accordance with Section 6.1.
15.3 Survival. Sections 1, 2, 3.2, 3.3, 4, 6.1, 6.2, 6.4, 6.5, 7.2, 7.4, 8.4, 8.5, 8.6, 9, 10, 11, 12, 13, 14, 15.2, 15.3, 16 and 17 survive the end of Evaluation Access and the termination of the Agreement.
16.1 Upon Commercial Release, continued access to the Service is subject to acceptance of the Version of the Master Terms of Service, the Subscription Terms and the other Incorporated Documents then in force.
16.2 No price, allowance, Free Calculation, feature or condition made available in the course of Evaluation Access continues after Commercial Release, save as the Company expressly states in writing.
16.3 No Fee is charged for Evaluation Access provided free of charge before Commercial Release. Any Fee introduced for any part of the Service applies only for the future and only in accordance with the Subscription Terms.
17.1 Sections 34 to 37 of the Master Terms of Service apply to every dispute, claim or controversy arising out of or in connection with these Trial and Prototype Terms, any Evaluation Access, any Demonstration or any Evaluation Materials, save that Section 35.9 of the Master Terms of Service governs every dispute that arises also out of or in connection with a Confidentiality Undertaking.
17.2 Communications concerning these Trial and Prototype Terms: Pallarium, hello@pallarium.com.