Terms of Service

Updated February 23, 2026

The Digital Medicine Alliance, Inc. (“DiMe Alliance”), has established this Terms of Service Agreement (“Agreement”) to govern access to the educational content and the product evaluation process (the “Services”) for obtaining The DiMe Seal (the “Seal”). It is effective as of the effective date of an applicable mutually signed order form (“Order Form”) or acceptance by DiMe to provide Trial Services (and such date is the “Effective Date”), and is by and between DiMe Alliance, a Delaware non-profit corporation with a mailing address of 8 The Green #20687, Dover, DE 19901, and the customer (the “Customer”) (i) set forth on the Order Form or (ii) who registers for the Services on a trial basis (“Trial Services”). Each of DiMe and Customer is a “Party” and together they may be referred to in this Agreement as the “Parties”.

This Agreement, in addition to this Privacy Policy, and other policies or terms of service referenced therein, and any Order Form(s) executed by the Parties, constitute the entire agreement between the Parties regarding the Services, evaluation of Customer’s product(s), the Seal and Customer’s related interactions with DiMe Alliance. They supersede any and all prior or inconsistent understandings, representations or agreements regarding its subject matter. In the event of a conflicting term or condition regarding the Services, evaluation of Customer’s product(s), or the Seal, any Order Form executed by the Parties shall have precedence over the Agreement, and the Agreement shall have precedence over any referenced policy or other terms of service.

Subject to the terms and conditions of this Agreement, DiMe Alliance will make the Services available to the Customer during the Term.

Section 1. Services.

1.1 Scope of the Services. A Customer registers for the Services in order to obtain The DiMe Seal for their product(s). Any material change to a product affecting the subject matter of the Services may require additional or new DiMe Alliance Services. The Services exclude any products or services provided by third parties, even if Customer has connected those products or services to the Services.

1.2. Evaluation Process. The Customer certifies that all responses to requested information are true and correct. DiMe Alliance assesses the submitted information and then decides whether to issue a Seal. DiMe Alliance reserves the right to revoke any Seal previously issued when it is made aware of issues or inconsistencies with previously submitted information by the Customer. The Customer commits to notifying DiMe Alliance within three (3) business days when they are made aware of information that potentially affects any Seal for a product or the safety or efficacy of a product. DiMe Alliance reserves the right to notify governmental agencies of issues reported to DiMe Alliance about the safety and efficacy of a regulated product.

Section 2. Fees and Payment.

2.1. Fees. Customer agrees to pay the fees specified in the Order Form (the “Fees”).

2.2. Payment; Taxes. Customer shall pay all invoiced Fees (i) charged automatically via the payment method associated with Customer’s DiMe Seal Account or (ii) if agreed in writing by DiMe Alliance, upon receipt of an invoice issued by DiMe Alliance. In the event of non-payment of Fees by Customer for any period in excess of thirty (30) days, the Seal(s) and Customer’s access to the Services may be immediately suspended and Customer must pay the entire remaining balance of Fees to regain access to the Seal(s) and the Services. Fees do not include local, state, or federal taxes or duties of any kind and any such taxes shall be paid by Customer.

2.3. Price Changes. DiMe Alliance may change prices for the Services from time to time, in its sole discretion for any Services to be provided after the Term (defined in Section 4.1), or use or display of a Seal after the initial one year period.

2.4. Discounts and Promotional Pricing. Prices specified in the Order Form may include discounts or promotional pricing. These discounts or promotional pricing amounts may be temporary. DiMe Alliance reserves the right to discontinue or modify any promotion, sale or special offer at its sole discretion after the Term.

Section 3. Trial Services.

3.1 No Charge. Trial Services are provided by DiMe Alliance without charge to the Customer. If Customer is granted access to Trial Services, DiMe Alliance will make the applicable Trial Services available to Customer pursuant to the Agreement starting from the time that Customer registers and is approved for such Trial Services until the earlier of: (a) the end of the Trial Services period communicated to Customer; (b) the start date of any Order Form executed by Customer for Services; or (c) termination by DiMe Alliance in its sole discretion. Customers who use Trial Services may receive their Seal at a date that will be communicated to the Customer by DiMe Alliance and the Seal may be used and displayed by Customer for the period of time that is communicated to the Customer by DiMe Alliance.

3.2 Limitations Applicable to Trial Services. DiMe Alliance in its sole discretion may deny or limit display or other disclosure of any Seal issued as a Trial Service.

3.3 No Representations or Warranties. NOTWITHSTANDING THE “REPRESENTATIONS, WARRANTIES AND DISCLAIMERS” SECTION BELOW, FREE TRIAL SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND DIME ALLIANCE SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO THE TRIAL SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW. CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO DIME ALLIANCE AND ITS AFFILIATES FOR ANY DAMAGES TO DIME ARISING OUT OF CUSTOMER’S USE OF THE TRIAL SERVICES.

3.4 Customer Information. Any Customer information provided by Customer to DiMe Alliance or made available to DiMe Alliance by Customer, in each case during the Trial Services period, may at the sole discretion of DiMe Alliance be deleted by DiMe Alliance, except that, if the Parties execute an Order Form for Services related to the same product(s) DiMe Alliance will retain such information pursuant to the executed Order Form.

Section 4. Term and Termination.

4.1. Term and Renewal. The Agreement commences on the Effective Date and will remain in effect through the term specified in an Order Form executed by the Parties or, in the case of Trial Services, for the period of time agreed upon by DiMe Alliance (the “Term”). If an Order Form does not specify a term, the Term will be one year. A granted Seal is active until the first anniversary after the date of issue.

4.2. Termination or Suspension. DiMe Alliance may terminate this Agreement, or suspend, block or restrict the Customer’s access to or use of the Services, for any breach or violation of any term or condition of any applicable Order Form, the Agreement, any other violation of any DiMe Alliance policy or term of use, or for other good cause. In such event, DiMe Alliance may terminate this Agreement, or restrict, suspend or terminate access to and use of the Services immediately and without liability to it, and without limitation of any other rights or remedies which are available to DiMe Alliance. The Customer may terminate this Agreement by sending written notice of termination to: seal@dimesociety.org and, upon sending such written notice, shall cease to use the Seal(s) or access any of the Services. Termination shall be the Customer’s exclusive remedy if dissatisfied with the Services.

4.3. Effect of Expiration or Termination. Upon expiration or termination of any Order Form or this Agreement for any reason, (a) Customer will have no further right to use the Services relating to each applicable expired or terminated Order Form or Trial Services, (b) Customer shall cease use and display of any related Seal and use of the Services, and DiMe Alliance will remove Customer’s access to same, (c) unless otherwise specified in writing by DiMe Alliance, Customer shall not receive any refund of Fees paid, and (d) Customer shall not pay any related Fees from and after the effective date of any such expiration or termination.

4.4 Survival. The following Sections will survive termination: Section 2 (Fees and Payment), Section 4 (Term and Termination), Section 5 (Ownership, Licenses and Use of the Services), Section 6 (Confidentiality), Section 8.3 (Disclaimers), Section 9 (Indemnification), Section 10 (Limitation of Liability), and Section 11 (Miscellaneous). Termination of the Agreement will not limit a Party’s liability for obligations accrued as of or prior to such termination or for any breach of the Agreement.

Section 5. Ownership, Licenses, and Use of the Services.

5.1. Ownership. Each Party retains all rights, title and interest in any of its patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (“Intellectual Property Rights”). DiMe Alliance retains Intellectual Property Rights in the Seal, the Services and all components of either, and any information and materials offered or used by DiMe Alliance to provide the Seal, the Services or related resources, products or services (the “Services Information”). Customer will retain Intellectual Property Rights in its products and all information it provides to DiMe Alliance as part of the Agreement (other than Feedback as described below), including but not limited to in the course of its use of the Services (the “Customer Information”).

5.2. Feedback. Customer may, under the Agreement, provide suggestions, enhancement requests, recommendations about the Services, or other feedback to DiMe Alliance (the “Feedback”). Customer provides DiMe Alliance a fully paid-up, royalty-free, worldwide, transferable, sub-licensable (through multiple layers), assignable, sublicensable, irrevocable and perpetual, license to implement, use, modify, commercially exploit, incorporate into the Services, or otherwise use any Feedback. DiMe Alliance also reserves the right to seek intellectual property protection for any features, functionality or components that may be based on or that were initiated by such Feedback.

5.3. Licenses. Subject to the terms and conditions of any applicable Order Form and the Agreement, DiMe Alliance hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to and license to access and use the Seal and the Services as set forth in the Order Form or on a Trial Services basis. Customer hereby grants DiMe Alliance a non-exclusive, non-transferable, non-sublicensable right and license to use the Customer Information solely to provide the Services to Customer.

5.4. Authorized Users. Customer may designate and provide access to the Services to its employees, agents, and contractors (each an “Authorized User”). Customer is responsible for all use and misuse of the Seal(s) and the Services by its Authorized Users and for adherence to all terms of the Agreement by all of its Authorized Users, and references to Customer herein will be deemed to apply to its Authorized Users. Customer agrees to promptly notify DiMe Alliance in writing of any unauthorized access or use of the Services or any Seal, in any case involving Customer or its Authorized Users, of which Customer becomes aware. Authorized Users are strictly prohibited from sharing their accounts or account passwords with any other person, and their doing so is a material breach of the Agreement by Customer.

5.5. Prohibited Activities. Customer and Authorized Users will not: (a) “frame,” distribute, resell, or permit access to the Services by any third party other than as allowed in an Order Form executed by the Parties or this Agreement; (b) use any Seal or the Services in violation of any applicable law; (c) interfere with, disrupt, or gain unauthorized access to the Services; (d) attempt to or: decompile, disassemble, reverse engineer, discover or recreate the underlying source code or structure of, or copy the Services; (e) provide DiMe Alliance any Customer Information or Feedback that is unlawful, defamatory, harassing, discriminatory, or infringing of any third party intellectual property right; (f) transfer to the Services or otherwise use on or with the Services any code, tool, or feature that is designed to or does delete, disable, deactivate, interfere with or otherwise harm or provide unauthorized access to the Services or any customer data; (g) use any robot, spider, data scraping, or extraction tool or similar mechanism with respect to the Services; (h) provide access to the Services to an individual associated with a DiMe Alliance Competitor (defined below); (i) extract information from the Services in furtherance of competing with DiMe Alliance; (j) encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party; (k) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Services; (l) introduce into the Services any software containing a virus, worm, “back door,” Trojan horse or similarly harmful code; or (m) permit any third party to engage in any of the foregoing proscribed acts. A “DiMe Alliance Competitor” is any entity or person that provides the same or similar goods and services as those provided by DiMe Alliance, as determined by a reasonable person. Customer will promptly notify DiMe Alliance of any violations of the above prohibited uses by an Authorized User or a third party associated with Customer and require such Authorized User or third party under its control to immediately cease any such use. DiMe Alliance reserves the right to suspend Customer and/or Authorized User’s access to any Seal or the Services in the event DiMe Alliance suspects Customer or an Authorized User or third party under its control is in breach of the Agreement.

5.6 Prohibited Uses of the Seal(s). A Customer shall not use the name, or associated graphic of, “The DiMe Seal” mark for any product unless the Customer has received express written permission from DiMe Alliance to do so. A Customer shall not misrepresent what the Seal signifies or means. If use by Customer of a Seal expires or terminates, or is terminated, revoked or suspended, the Customer shall immediately cease all use and display of both the name and graphic of “The DiMe Seal” mark.

Section 6. Confidentiality.

6.1 Confidential Information. “Confidential Information” of a Party (the “Disclosing Party”) means all financial, technical, or business information of the Disclosing Party that the Disclosing Party designates as confidential at the time of disclosure to the other Party (the “Receiving Party”) or that the Receiving Party reasonably should understand to be confidential based on the nature of the information or the circumstances surrounding its disclosure. Services Information is Confidential Information of DiMe Alliance as the Disclosing Party, and Customer Information is Confidential Information of the Customer as the Disclosing Party.

6.2 Use of Confidential Information by the Receiving Party. Except as expressly permitted in the Agreement, the Receiving Party will not disclose, duplicate, publish, transfer or otherwise make available Confidential Information of the Disclosing Party in any form to any person or entity without the Disclosing Party’s prior written consent. The Receiving Party will not use the Disclosing Party’s Confidential Information except to perform its obligations under the Agreement, such obligations including, in the case of DiMe Alliance, to provide the Services. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to the extent required by law, provided that the Receiving Party: (a) gives the Disclosing Party prior written notice of such disclosure so as to afford the Disclosing Party a reasonable opportunity to appear, object, and obtain a protective order or other appropriate relief regarding such disclosure (if such notice is not prohibited by applicable law); (b) uses diligent efforts to limit disclosure and to obtain confidential treatment or a protective order; and (c) allows the Disclosing Party to participate in the proceeding.

6.3. Exceptions to Confidential Information. Confidential Information does not include any information that: (i) is or becomes generally known to the public without the Receiving Party’s breach of any obligation owed to the Disclosing Party; (ii) is independently developed by the Receiving Party without any use by the Receiving Party of any Confidential Information provided hereunder; or (iii) is received from a third party who obtained such Confidential Information without any breach of any obligation of confidentiality that is owed to the Disclosing Party.

Section 7. Privacy and Security Practices.

7.1 DiMe Alliance Privacy Policy. DiMe operates the Services and handles Customer information, pursuant to the privacy policy available at (the “Privacy Policy”).

7.2. Customer Security Practices. Customer shall use best industry practices to secure any DiMe Alliance Confidential Information it collects and stores within any information storage system to which Customer has possession, custody, control or rights, including without limitation any system leased or rented by Customer or of Customer’s employees, agents and contractors. Customer shall not permit any third party to store any DiMe Alliance Confidential Information unless Customer has rights to ensure that best industry practices are used to secure the DiMe Alliance Confidential Information.

Section 8. Representations, Warranties, and Disclaimers.

8.1. Authority. Each Party represents that it has validly entered into the Agreement and has the legal power to do so.

8.2. Warranties. DiMe Alliance warrants that during an applicable Term (a) the Privacy Policy accurately describes the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Customer Information; and (b) the Services will perform materially in accordance with any applicable documentation provided to Customer. For any breach of a warranty in this section, Customer’s exclusive remedies are those described in Sections 4.2 and 4.3 (Term and Termination).

8.3. Disclaimers. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION, THE SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND DIME ALLIANCE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT DIME ALLIANCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY CUSTOMER FROM DIME ALLIANCE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. THE PARTIES ADDITIONALLY AGREE THAT DIME ALLIANCE WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR CLIENT’S VARIOUS COMPLIANCE PROGRAMS, AND THAT THE SERVICES, TO THE EXTENT APPLICABLE, ARE ONLY TOOLS FOR ASSISTING CLIENT IN MEETING ITS TECHNOLOGY GOALS, FOR WHICH CLIENT SOLELY IS RESPONSIBLE.

Section 9. Indemnification.

9.1 Customer hereby does indemnify and hold DiMe Alliance harmless (including without limitation for its reasonable attorney’s fees and expenses incurred) for, from or against, any third party claim arising out of or relating to (a) any breach of the Agreement attributable to Customer; or (b) any Customer Information or Customer product, that does or that allegedly infringes or misappropriates a third party’s patent, copyright, trademark, or trade secret.

9.2 Except as expressly permitted under the terms of the DiMe Seal and only with respect to the specific criteria evaluated in order to achieve the DiMe Seal, a licensee shall not state or imply, directly or indirectly, that it, its products or services, or any of its activities, are supported, endorsed or sponsored by DiMe Alliance or any of its collaborators, and upon written notice by DiMe Alliance, any licensee shall issue express disclaimers to that effect. Licensee agrees to indemnify and defend DiMe Alliance and any of its collaborators involved in evaluating any of its products or services against any third party claim, demand and liability in violation of the foregoing or for any product or service that causes damage or liability to any third party.

SECTION 10. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, REGARDLESS OF LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE), WILL EITHER PARTY TO THE AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS, BE LIABLE TO THE OTHER PARTY OR ANY AFFILIATE FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, OR FOR ANY TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR ANY OTHER INDIRECT LOSS OR DAMAGES INCURRED BY THE OTHER PARTY OR ANY AFFILIATE IN CONNECTION WITH AN ORDER FORM, THE AGREEMENT OR THE SERVICES REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF AN ORDER FORM, THE AGREEMENT OR THE SERVICES WILL IN NO EVENT EXCEED THE FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; PROVIDED THAT THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO CUSTOMER’S INDEMNIFICATION OBLIGATIONS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES PAYABLE TO DIME, WHICH WOULD BE SUBSTANTIALLY HIGHER IF DIME ALLIANCE WERE TO ASSUME LIABILITY OTHER THAN AS SET FORTH HEREIN. DIME ALLIANCE HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE CUSTOMER WITH THE RIGHTS TO ACCESS AND USE THE SERVICES PROVIDED FOR IN THE AGREEMENT. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Section 11. Miscellaneous.

11.1. Assignment. Either Party may, without the consent of the other Party, assign the Agreement to any affiliate or in connection with any merger, change of control, or the sale of all or substantially all of such Party’s assets relating to this Agreement, provided that (1) the other Party is provided written notice of such assignment and (2) any assignee agrees to fulfill its obligations pursuant to the Agreement. Subject to the foregoing restrictions, the Agreement will be fully binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns.

11.2. Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be of no force or effect, the remaining provisions of the Agreement will remain in effect, and the Agreement shall otherwise be interpreted to best effectuate the intentions of the Parties to the fullest extent permitted by applicable law.

11.3. Relationship of the Parties. The Parties are independent contractors of each other. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.

11.4. Notices. All notices provided by DiMe Alliance to Customer under the Agreement may be delivered in writing (a) by nationally recognized overnight delivery service (“Courier”) or U.S. mail to the contact mailing address provided by Customer on the Order Form; or (b) electronic mail to the electronic mail address provided for Customer’s account owner. The Customer must give notice to DiMe by email to seal@dimesociety.org. All notices shall be deemed to have been given immediately upon delivery by electronic mail; or, if otherwise delivered upon the earlier of receipt or two (2) business days after being deposited in the mail or with a Courier as permitted above.

101.5. Governing Law, Jurisdiction, Venue. The Agreement will be governed by the laws of the state of Delaware, without reference to conflict of laws principles. Any dispute under the Agreement shall be resolved by a single arbitrator under the rules of the American Arbitration Association, which arbitration shall be conducted exclusively in Delaware. Any request for relief outside the power of the arbitrator to award such relief shall be exclusively heard in a court of competent jurisdiction located in Delaware. Customer hereby expressly agrees to submit to the exclusive personal jurisdiction and venue of such arbitrator and court for the purpose of resolving any dispute relating to the Agreement, any Seal, or access to or use of the Services by Customer, its agents, or Authorized Users.

11.6. Export Compliance. If the Services and other software or components of the Services that DiMe Alliance may provide or make available to Customer are subject to U.S. export control and economic sanctions laws as administered and enforced by the Office of Foreign Assets and Control of the United States Department of Treasury, Customer will not access or use the Services if Customer or any Authorized Users are located in any jurisdiction in which the provision of the Services, software, or other components is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and Customer will not provide access to the Services to any government, entity, or individual located in any Prohibited Jurisdiction. Customer represents and warrants that (a) it is not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it is not a national of, or a company registered in, any Prohibited Jurisdiction; (c) it will not permit any individuals under its control to access or use the Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) it will comply with all applicable laws regarding the transmission of technical data exported from the United States and the countries in which it and Authorized Users are located.

11.7. Anti-Corruption. Neither Party shall offer or receive any illegal or improper bribe, kickback, payment, gift, or thing of value from any employee or agent of the other Party or any third party in connection with the Agreement. If a Party learns of any potential violation of this above prohibition, such Party will use reasonable efforts to promptly give written notice to the other Party.

11.8. Publicity and Marketing. Customer may use and display each DiMe Seal that is approved by DiMe Alliance in accordance with the Services for the Term, and each Customer that publicly displays the DiMe Seal hereby permits DiMe Alliance to publicly identify the Customer as a participant in the Services and recipient of the DiMe Seal. In addition, DiMe Alliance may use, display, and share aggregated and/or anonymized information regarding use of the Services with third parties for its marketing purposes and to develop and promote Services so long as Customer is not identified in any such aggregated or anonymized information.

11.9 No Endorsement. Completion of the evaluation process and being awarded a DiMe Seal does not constitute endorsement of the product by DiMe Alliance.

11.10. Amendments. DiMe Alliance may amend or replace these Terms of Use , in which case the updated clause(s) will supersede prior version(s) for any Order Form entered into or Trial Services performed after publication of any such amended or replaced Terms and Conditions. DiMe Alliance will notify Customer with an active Seal not less than ten (10) days prior to the effective date of any annual period for which such amendment or replacement will apply to a Seal. Customer’s continued use of any Seal or the Services following the effective date of any such amendment or replacement shall be subject to the amended or replaced Terms of Use.

11.11. No Waiver. DiMe Alliance’s failure to enforce at any time any provision of the Agreement does not constitute a waiver of that provision or of any other provision of the Agreement.