COMMERCIAL TERMS OF SERVICE
LONGEVITY SCORE
July 2026
These Commercial Terms of Service (the “Terms”) govern the provision of the SCORE testing and benchmarking service (the “Service”) by OxiProteomics SAS, a QIMA Life Sciences entity (the "Service Provider” or “OxiProteomics”), to the Client placing an order through the SCORE Service platform (the “Client”).
By placing an order through the Service platform and clicking “I Accept” (or any equivalent affirmation), the Client acknowledges that it has read, understood, and agrees to be bound by these Terms. If the Client does not agree to these Terms, the Client must not use the Service.
These Terms are standardized and non-negotiable. They constitute the entire agreement between the Provider and the Client with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the subject matter hereof.
1. DEFINITIONS
In these Terms, the following capitalized terms shall have the meanings set out below:
“Benchmark Atlas” means the cumulative, de-identified reference database of SCORE values and associated coarsened category data maintained by Service Provider for the purpose of providing aggregate benchmarking insights to Service users and for internal research and development.
“Collection Point” means the designated facility in the United States (currently located in Boston, Massachusetts or Buffalo, New York) or in France, as specified in the shipping instructions provided by Service Provider, at which the Client’s Test Article is to be delivered.
“Deliverables” means the outputs generated by Service Provider as a result of performing the Service on a Test Article, including: (a) the SCORE value; (b) a one-page PDF report summarizing the results; and (c) fluorescence image stacks (approximately six high-resolution images available for download).
“Effective Date” means the date on which the Client accepts these Terms by click-through on the Service platform.
“Order” means each individual request submitted by the Client through the Service platform for the testing of a specific Test Article.
“Raw Data” means all data, images (including fluorescence image stacks in TIFF format), measurements, replicate counts, confidence intervals, method data, and any other information generated or collected by Service Provider in performing the Service, whether or not forming part of the Deliverables.
“Reference Set” means the cumulative database of de-identified SCORE values and coarsened category data (e.g., “topical, polyphenolic antioxidant”) derived from all Orders processed through the Service, used by Service Provider to calibrate and improve the SCORE reference scale and to populate the Benchmark Atlas.
“Retention Period” means the period of six (6) months from the date on which testing of the relevant Test Article is completed, during which the Test Article may be retained by Service Provider if the Client has elected the retention option at the time of ordering.
“SCORE” or “SCORE Value” means the numerical score generated by Service Provider representing the percentage reduction in carbonylation (oxidation signal) observed in the tested sample relative to an untreated control, including associated confidence intervals.
“Service Platform” means the online platform operated by or on behalf of Service Provider at [URL] [QL1] through which Clients place Orders, make payment, and access Deliverables.
“Test Article” means the physical product sample (active compound, ingredient, formulation, or other material) submitted by the Client to Service Provider for testing under the Service.
2. DESCRIPTION OF THE SERVICE
2.1 Service Provider provides the SCORE testing and benchmarking service, which evaluates the antioxidant performance of cosmetic and life-science ingredients and formulations. The Service involves:
(a) receipt of the Client’s Test Article at a designated Collection Point;
(b) laboratory testing of the Test Article on ex vivo anonymized donor skin tissue that has been artificially aged under controlled conditions;
(c) measurement of carbonylation levels using fluorescence imaging techniques; and
(d) generation and delivery of the Deliverables to the Client via the Service Platform.
2.2 The SCORE Value is derived from the percentage reduction in oxidation signal observed in the tested sample relative to an untreated control, and is accompanied by replicate counts, confidence intervals, and coarsened category classifications.
2.3 No personal data (as defined under the EU General Data Protection Regulation 2016/679) is processed in connection with the Service.
3. ORDERING PROCESS
3.1 The Client may place an Order through the Service Platform by following the automated ordering workflow. Each Order shall specify the Test Article to be submitted, the designated Collection Point, and any optional Service.
3.2 Submission of an Order constitutes the Client’s offer to purchase the Service under these Terms. Service Provider reserves the right to refuse any Order at its sole discretion, including where the Test Article is incompatible with the testing methodology or where the Client fails to comply with the shipping instructions.
3.3 Upon placing an Order, Service Provider shall provide the Client with shipping instructions specifying the designated Collection Point and any packaging or labeling requirements.
4. SHIPMENT AND RECEIPT OF TEST ARTICLES
4.1 The Client is solely responsible for shipping the Test Article to the designated Collection Point in accordance with the shipping instructions provided by Service Provider. All shipping costs shall be borne by the Client unless otherwise specified at the time of ordering.
4.2 Title to and risk in the Test Article shall pass to Service Provider upon physical receipt of the Test Article at the Collection Point. Service Provider shall confirm receipt of the Test Article via the Service Platform or by electronic notification to the Client.
4.3 The Client warrants that each Test Article shipped to Service Provider:
(a) complies with all applicable laws and regulations governing the shipment, handling, and export of such materials;
(b) does not contain any substance classified as hazardous, toxic, radioactive, or otherwise dangerous under applicable transportation regulations, unless prior written authorization has been obtained from Service Provider;
(c) is free from any biological, chemical, or physical hazard not disclosed to Service Provider in writing prior to shipment; and
(d) does not contain any personal data or any material from which personal data may be derived.
5. PRODUCT RETENTION AND DESTRUCTION
5.1 Default Policy — Destruction. Unless the Client has elected the retention option at the time of placing the Order, all Test Articles shall be destroyed by Service Provider upon completion of testing. Test Articles are not returned to the Client by default.
5.2 Optional Retention. The Client may elect, at the time of placing the Order, to have the Test Article retained by Service Provider for the Retention Period (six (6) months from completion of testing). Additional fees may apply for the retention option, as specified on the Service Platform at the time of ordering.
5.3 End of Retention Period. Upon expiration of the Retention Period, Service Provider shall destroy the retained Test Article without further notice to the Client, unless the Client has submitted a written request for return or extension prior to expiration. Any return of a Test Article shall be at the Client’s sole cost and risk.
5.4 No Liability for Destruction. Service Provider shall have no liability whatsoever to the Client for the destruction of any Test Article in accordance with this Section 5, and the Client hereby waives any and all claims arising from or relating to such destruction.
5.5 Method of Destruction. Service Provider shall destroy Test Articles in accordance with applicable environmental and waste-disposal regulations. Service Provider is not required to provide a certificate of destruction unless separately agreed in writing.
6. PAYMENT TERMS
6.1 Payment Authorization. The Client shall provide a valid payment method (credit card) at the time of placing the Order via the Service Platform. By submitting payment details, the Client authorizes Service Provider to charge the applicable fees in accordance with this Section 6.
6.2 Payment Trigger — Physical Custody. The Client’s payment method shall be charged only upon confirmed physical receipt of the Test Article at the designated Collection Point. No charge shall be made prior to such receipt. For the avoidance of doubt, submission of an Order and provision of payment details constitute authorization for this charge, but the charge itself is deferred until receipt of the Test Article.
6.3 Invoicing. Invoices shall be issued by Service Provider. The Client shall receive an electronic invoice via the Service Platform or by email upon processing of the payment.
6.4 Taxes. All fees are exclusive of applicable taxes, duties, and levies, which shall be borne by the Client. Service Provider shall charge applicable VAT or sales tax where required by law.
6.5 Non-Refundable. All fees paid are non-refundable once the Test Article has been received at the Collection Point, except: (a) where Service Provider is unable to perform the Service due to a deficiency or incompatibility in the Test Article, in which case Service Provider may, at its sole discretion, offer a refund or credit; or (b) as otherwise required by applicable law.
7. DELIVERABLES AND LICENSE
7.1 Upon completion of the Service for each Order, Service Provider shall make the Deliverables available to the Client via the Service Platform. Deliverables shall include:
(a) the SCORE Value for the tested Test Article;
(b) a one-page PDF report summarizing the test results; and
(c) fluorescence images (approximately six high-resolution images available for download).
7.2 License to Client. Subject to the Client’s compliance with these Terms, Service Provider grants the Client a non-exclusive, non-transferable, non-sublicensable license to use the Deliverables generated from the Client’s own Test Articles solely for the Client’s internal purposes and for claim substantiation in connection with the marketing of the Client’s products.
7.3 Restrictions. The Client shall not:
(a) use any Deliverable to make claims that are misleading, unsubstantiated, or not supported by the specific test results reflected in the Deliverable;
(b) alter, modify, or misrepresent any SCORE Value or test result;
(c) sublicense, resell, or otherwise commercially distribute the Deliverables or any part thereof to any third party; or
(d) use the Deliverables to reverse-engineer the SCORE methodology or Reference Set.
7.4 The Client is solely responsible for ensuring that any marketing or promotional claims made on the basis of the Deliverables comply with all applicable laws and regulations, including without limitation the US Federal Food, Drug, and Cosmetic Act (as amended by MoCRA), EU Regulation (EC) No. 1223/2009 on cosmetic products, and any applicable advertising and consumer-protection laws.
7.5 Scope and Limitations of Deliverables. The Client acknowledges and agrees that:
(a) the Deliverables reflect the findings of Service Provider at the time of testing only, based on the specific Test Article submitted and the laboratory conditions applied, and Service Provider shall have no obligation to update, supplement, or re-issue any Deliverable after its delivery unless separately agreed in writing;
(b) Service Provider is under no obligation to refer to or report upon any facts, conditions, or circumstances that are outside the specific scope of the testing requested by the Client in the relevant Order;
(c) the Service is performed objectively and independently of the Client's desired outcomes, and the Deliverables are not required to meet the Client's expectations;
(d) no party other than the Client shall be entitled to give instructions to Service Provider concerning the scope of the Service or the content of the Deliverables, unless duly authorized by the Client in writing;
(e) the Client is solely responsible for (i) ensuring that all information, instructions, specifications, and Test Articles provided to Service Provider for the performance of the Service are clear, accurate, complete, and of suitable quality, (ii) any actions taken or not taken by the Client based on the Deliverables, and (iii) any inaccurate results arising from unclear, erroneous, incomplete, misleading, or false information or materials provided by the Client;
(f) the Client shall not use any Deliverable in a misleading or incorrect manner and shall distribute Deliverables only in their entirety, without alteration or selective excerpting that could misrepresent the results; and
(g) the Deliverables do not constitute evidence of the safety, efficacy, or regulatory approval of any product, and shall not be used as a substitute for independent regulatory testing or certification required under applicable law.
7.6 Limitation of Liability for Deliverables. The Deliverables are generated based on information, materials, and Test Articles provided by the Client and are issued solely for the benefit of the Client, who is responsible for acting as it sees fit based on the Deliverables. Neither Service Provider nor any of its officers, employees, agents, or subcontractors shall be liable to the Client or any third party for:
(a) any actions taken or not taken by the Client or any third party based on the Deliverables;
(b) any incorrect, inaccurate, or incomplete results arising from unclear, erroneous, incomplete, misleading, or false information or materials provided by the Client;
(c) any facts, conditions, or circumstances that are outside the specific scope of the Service;
(d) any product recalls, market withdrawals, reformulations, or corrective actions that may arise from the Client's decisions based on or relating to the Deliverables; or
(e) any consequences arising from products being rejected, not approved, or subject to enforcement action by customs, regulatory authorities, or any other governmental body.
7.7 Re-Performance of Service. Regardless of the initial results of the Deliverables issued by Service Provider following performance of the Service, Service Provider is not obliged to re-perform the Service free of additional cost to the Client. If the Client requests Service Provider to re-perform the Service on the same or a substantially similar Test Article, such re-performance shall constitute a new Order and shall be subject to payment of the applicable fees in accordance with Section 6. Service Provider reserves the right to refuse any request for re-performance until confirmation of payment is provided.
8. INTELLECTUAL PROPERTY AND DATA OWNERSHIP
8.1 Service Provider IP. Service Provider retains full and exclusive ownership of: (a) the SCORE methodology, algorithms, scoring formulas, testing protocols, and all related intellectual property; (b) the accumulated Reference Set and the Benchmark Atlas; and (c) all improvements, derivatives, and enhancements to any of the foregoing (collectively, the “Service Provider IP”). For the avoidance of doubt, the Service Provider IP is and shall remain the sole property of Service Provider, and nothing in these Terms shall be construed as transferring any right, title, or interest therein to the Client.
8.2 Client Data Ownership. Upon payment in full of the fees due under the relevant Order, all right, title, and interest in and to the Raw Data and the Deliverables generated from the Client’s Test Article(s) under that Order shall vest in the Client. The Client hereby grants to Service Provider a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, unrestricted licence to use, reproduce, modify, aggregate, and sublicence de-identified and anonymised data derived from the Client’s Raw Data and Deliverables for any purpose, including without limitation for inclusion in the Reference Set and the Benchmark Atlas, internal research and development, and commercial licensing to third parties.
8.3 Client Intellectual Property. For the avoidance of doubt, Service Provider does not acquire any intellectual property rights in or to the Client’s proprietary formulas, compositions, trade secrets, or other confidential information embodied in a Test Article. Service Provider does not retain, reverse-engineer, or analyse the proprietary formulation of any Test Article beyond what is necessary to perform the Service. Nothing in Section 8.2 shall be construed as granting the Client any right, title, or interest in or to the Service Provider IP.
9. USE OF DE-IDENTIFIED DATA FOR THE BENCHMARK ATLAS
9.1 By placing an Order, the Client acknowledges and agrees that the licence granted to Service Provider under Section 8.2 includes the right to use de-identified SCORE Values and coarsened category data derived from the Client’s Test Articles for inclusion in the Reference Set and the Benchmark Atlas. This licence is a condition of the Service and may not be revoked.
9.2 De-Identification. All data included in the Reference Set and the Benchmark Atlas shall be fully de-identified. Service Provider shall not disclose:
(a) the identity of the Client;
(b) the specific identity, composition, or formulation of any Test Article; or
(c) any information that would enable a third party to associate a particular SCORE Value with a specific Client or Test Article.
9.3 Opt-In Identification. The Client may, at its sole election, opt in to have its name displayed alongside its SCORE Values in the Benchmark Atlas. Such election may be made at the time of ordering or at any subsequent time by written notice to Service Provider. In the absence of an affirmative opt-in, the Client’s results shall remain de-identified.
9.4 Permitted Uses of the Reference Set. Service Provider may use the Reference Set and the Benchmark Atlas for the following purposes:
(a) calibrating and improving the SCORE reference scale;
(b) publishing aggregate, non-identifying category benchmarks to Service users;
(c) internal research and development, including the development of predictive models;
(d) commercial licensing of aggregated, de-identified datasets to third parties, including pharmaceutical companies, longevity-research organizations, and ingredient suppliers; and
(e) testing and publishing reference actives (such as Vitamin C, Vitamin E, osmolytes, anthocyanins, and NAC) to anchor and validate the SCORE scale.
9.5 No Compensation. The Client acknowledges and agrees that no compensation, royalty, or other consideration is payable to the Client in connection with Service Provider's use of de-identified data in accordance with this Section 9.
10. CONFIDENTIALITY
10.1 Mutual Obligations. Each party (the "Receiving Party") shall treat as confidential all information of the other party (the "Disclosing Party") that is identified as proprietary or confidential, or that by its nature should reasonably be understood to be confidential ("Confidential Information"). For the avoidance of doubt, the Client's Confidential Information includes all proprietary formulas, compositions, and trade secrets embodied in any Test Article, the Raw Data generated from the Client’s Test Articles, and the Deliverables; and the Service Provider's Confidential Information includes the SCORE methodology, algorithms, scoring formulas, testing protocols, pricing, the Service Provider IP, the Reference Set, the Benchmark Atlas, and all related intellectual property. Neither party shall use, disclose, reproduce, distribute, or disseminate the other party's Confidential Information except as required to perform its obligations under these Terms, as permitted under the licence granted in Section 8.2, or as required by applicable law.
10.2 Permitted Disclosures. The Receiving Party may disclose Confidential Information only to its employees, contractors, affiliates, and professional advisers who have a need to know for the purpose of performing the Receiving Party's obligations under these Terms, provided that the Receiving Party shall ensure that such recipients are bound by obligations of confidentiality no less protective than those set out in this Section 10. Each party shall be fully responsible for any breach of this Section 10 by its representatives.
10.3 Exclusions. Confidential Information shall not include information that: (a) is already known to the Receiving Party prior to disclosure by the Disclosing Party; (b) is or becomes publicly available through no fault of the Receiving Party; (c) is rightfully received from a third party without a duty of confidentiality; (d) is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information; or (e) is required to be disclosed by applicable law, regulation, or order of a court or governmental authority of competent jurisdiction.
10.4 Compelled Disclosure. If the Receiving Party becomes legally compelled to disclose any Confidential Information, it shall, to the extent permitted by law, provide the Disclosing Party with prompt written notice thereof so that the Disclosing Party may seek a protective order or other appropriate remedy. The Receiving Party shall disclose only that portion of the Confidential Information that is legally required and shall use reasonable efforts to obtain confidential treatment for any such disclosure.
10.5 Return and Destruction. Upon termination or expiration of these Terms, or upon written request by the Disclosing Party, the Receiving Party shall promptly return or destroy all Confidential Information of the Disclosing Party in its possession, except to the extent that retention is required by applicable law or bona fide document-retention policies. Any retained Confidential Information shall remain subject to the obligations of this Section 10.
10.6 Survival of Confidentiality. The obligations of the parties under this Section 10 shall survive the termination or expiration of these Terms for a period of five (5) years.
11. CLIENT REPRESENTATIONS AND WARRANTIES
11.1 The Client represents and warrants that:
(a) it has full power and authority to enter into and perform its obligations under these Terms;
(b) the Test Article(s) submitted for testing are owned by or lawfully in the possession of the Client;
(c) the submission of the Test Article and its analysis by Service Provider does not infringe the intellectual property rights or other rights of any third party;
(d) all information provided to Service Provider in connection with an Order is accurate and complete in all material respects; and
(e) the Client shall comply with all applicable laws and regulations in connection with its use of the Service and the Deliverables, including without limitation any applicable marketing, labeling, and claim-substantiation requirements.
12. DISCLAIMERS
12.1 THE SERVICE AND THE DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET THE CLIENT’S REQUIREMENTS.
12.2 The SCORE Value is a measurement of carbonylation protection under specific laboratory conditions and does not constitute a guarantee of the efficacy, safety, or regulatory compliance of any product or ingredient. Service Provider does not provide regulatory advice, and the Deliverables shall not be construed as an endorsement, certification, or approval of any product.
12.3 Service Provider does not warrant that any marketing claims made by the Client on the basis of the Deliverables will be accepted or approved by any regulatory authority. The Client is solely responsible for any claim in connection with the Client's use of the Deliverables, including any marketing or promotional claims made on the basis of the Deliverables, and shall promptly indemnify Service Provider for any loss arising therefrom.
13 LIMITATION OF LIABILITY
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO THE CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR REPUTATIONAL DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 THE TOTAL AGGREGATE LIABILITY OF SERVICE PROVIDER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY ORDER SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO SERVICE PROVIDER UNDER THE RELEVANT ORDER GIVING RISE TO THE CLAIM.
13.3 Nothing in these Terms shall exclude or limit liability for fraud, willful misconduct, or any liability that cannot be excluded or limited under applicable law.
14. INDEMNIFICATION
14.1 The Client shall indemnify, defend, and hold harmless Service Provider, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the Client’s use of the Deliverables; (b) any marketing or promotional claims made by the Client on the basis of the Deliverables; (c) any breach by the Client of these Terms; or (d) any violation by the Client of applicable law.
15. TERM AND TERMINATION
15.1 These Terms shall take effect upon the Client’s acceptance by click-through and shall continue in full force and effect unless and until terminated in accordance with these Terms. The Client may terminate these Terms at any time by ceasing to use the Service, provided that: (a) termination shall not release the Client from any obligation to pay fees due in respect of any Order submitted and accepted prior to the effective date of termination; and (b) any such Order shall continue to be governed by these Terms notwithstanding termination.
15.2 Service Provider may, at its sole discretion, terminate these Terms or suspend the Client’s access to the Service at any time, with or without cause, upon prior written notice (which may be given by email) to the Client; provided that Service Provider may effect such termination or suspension immediately and without prior notice where the Client is in material breach of these Terms.
15.3 The following provisions shall survive termination or expiration of these Terms: Sections 5 (Product Retention and Destruction), 7.3 (Restrictions), 8 (Intellectual Property and Data Ownership), 9 (Use of De-Identified Data), 10 (Confidentiality), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 16 (Governing Law and Dispute Resolution), and 18.7 (Publicity).
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict-of-laws principles.
16.2 Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the state and federal courts located in the Borough of Manhattan, City of New York, United States.
17. AMENDMENTS
17.1 Service Provider reserves the right to amend these Terms at any time by posting the revised Terms on the Service Platform. The Client’s continued use of the Service after the posting of amended Terms constitutes acceptance of the amended Terms.
18. GENERAL PROVISIONS
Assignment. The Client may not assign or transfer any of its rights or obligations under these Terms without the 18.1 prior written consent of Service Provider. Service Provider may assign these Terms freely to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.
18.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
18.3 Waiver. No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver thereof.
18.4 Notices. All notices under these Terms shall be in writing and delivered by email to the addresses provided by each party during the ordering process or to such other address as either party may designate by written notice.
18.5 Force Majeure. Service Provider shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, supply-chain disruptions, or transportation disruptions.
18.6 Entire Agreement. These Terms, together with any Order submitted by the Client, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous agreements, understandings, and representations, whether written or oral.
18.7 Publicity. The Client acknowledges and agrees that Service Provider may reference the Client and the general nature of the Service provided hereunder in Service Provider's business development and marketing efforts, including without limitation on its website and in promotional materials, unless the Client has provided prior written notice to Service Provider objecting to such use.
18.8 Relationship of the Parties. Nothing in these Terms shall be construed as creating any partnership, agency relationship, joint venture, or other form of legal association that would impose liability upon one party for the acts or omissions of the other party, or as providing any party with the right, power, or authority (express or implied) to create any duty or obligation on behalf of the other party.
18.9 Equitable Relief. Either party may immediately seek equitable relief (including, without limitation, temporary injunctive relief) without the requirement of posting a bond or proving actual harm, upon a violation of that party's rights under Section 8 (Intellectual Property and Data Ownership) or Section 10 (Confidentiality).
18.10 Third Party Beneficiaries. Unless expressly provided otherwise in these Terms, nothing in these Terms is intended to or shall confer upon any third party any right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
18.11 Subcontracting. Service Provider may subcontract any of its obligations under these Terms to qualified third parties, including affiliates, provided that Service Provider shall remain responsible for the performance of any subcontracted obligations.