Terms of Use

Kalypso, Forensic Delay Analysis Workstation

Last updated: March 2, 2026

1. Purpose

These Terms of Use (hereinafter "Terms") define the conditions for accessing and using the Kalypso platform (hereinafter "the Platform") published by Dagem Pary, Sole Proprietor (Entrepreneur Individuel).

The Platform is a software tool designed to assist in forensic delay analysis for construction projects, intended exclusively for professional users (B2B).

Access to the Platform is conditional upon unreserved acceptance of these Terms.

2. Definitions

• Publisher: Dagem Pary, EI, SIRET 941 249 310 00017, publisher and operator of the Kalypso Platform.

• Client: any legal entity or individual acting in a professional capacity who has subscribed to the Kalypso service under an individual contract.

• User: any individual authorized by the Client to access the Platform.

• Platform: the Kalypso software, accessible via a dedicated instance deployed for the Client.

• Project Data: all files, documents, schedules, and correspondence uploaded by the Client to the Platform.

• Results: the analyses, reports, graphs, and mappings generated by the Platform from the Project Data.

3. Access to the Service

3.1 Access Conditions

Access to the Platform is reserved for professionals with a current contract with the Publisher. Each Client benefits from a dedicated instance (single-tenant architecture).

Access is personal and secured by authentication credentials. The User is responsible for maintaining the confidentiality of their credentials and for all use made of their account.

3.2 Availability

The Publisher endeavors to ensure the availability of the Platform. However, access may be temporarily suspended for maintenance, updates, or in the event of force majeure, without giving rise to any right to compensation.

4. Description of the Service

Kalypso is a platform for assisting with forensic delay analysis of construction projects. It enables:

• Native import and analysis of schedule files (.xer format)

• Ingestion and indexing of correspondence (emails, reports, minutes, RFIs)

• Automated cross-referencing between schedule activities and documentary evidence

• Detection of contradictions between documentary sources

• Schedule quality assessment against DCMA 14-Point criteria

• Visualization of causal links as a knowledge graph

• Generation of structured exhibits

4.1 Nature of Results Essential Clause

The Platform is an analytical assistance tool. It does not, under any circumstances, substitute for the judgment of the expert.

The Results generated by Kalypso are assistance elements intended to be verified, supplemented, and validated by a qualified professional. In particular:

• Kalypso reads and renders schedule values as they appear in the source file (.xer). It does not recalculate the critical path (CPM), float values, or durations.

• Kalypso does not produce Time Impact Analysis, Collapsed As-Built, or any normative method for calculating extensions of time.

• Kalypso does not formulate any legal conclusion or expert opinion.

• Confidence scores displayed are algorithmic indicators, not factual certainties.

Results are provided "as-is," without warranty of accuracy, completeness, or fitness for any specific litigation or arbitration objective.

The User acknowledges and accepts that:

• Results do not constitute an expert opinion within the meaning of arbitral procedural rules (IBA Rules, ICC, LCIA) or judicial proceedings

• The User is required to have all Results verified and validated by a qualified expert before any use in the context of proceedings

• The chain of custody of source documents is the sole responsibility of the Client

• The authenticity and integrity of source files uploaded to the Platform are the sole responsibility of the Client

The User remains solely responsible for any conclusions drawn from the Results and for any use made of them in a professional, arbitral, or judicial context.

5. Obligations of the Parties

5.1 Obligations of the Publisher

The Publisher undertakes to:

• Provide the Platform in accordance with its description (Section 4) and under reasonable conditions of availability

• Maintain the security measures described in Section 9

• Ensure the confidentiality of Project Data in accordance with Section 11

• Inform the Client of any material change to the Platform that may affect its use

• Provide reasonable technical support under the conditions defined in the individual contract

• Delete Project Data at the end of the contract, in accordance with the Privacy Policy

5.2 Obligations of the User

The User undertakes to:

• Use the Platform in accordance with its professional purpose and these Terms

• Not attempt to access data or instances belonging to other clients

• Not reverse engineer, decompile, or disassemble the Platform

• Not use the Platform for unlawful purposes

• Maintain the confidentiality of their access credentials

• Respect the intellectual property rights of the Publisher

• Ensure that Project Data uploaded does not infringe third-party rights or any confidentiality obligations to which the Client is subject

6. Intellectual Property

6.1 Platform

The Kalypso Platform, including its source code, architecture, algorithms, interfaces, documentation, and brand, is the exclusive property of the Publisher. No intellectual property rights are transferred to the Client or User.

The Client is granted a personal, non-exclusive, non-transferable right of use for the duration of the contract.

6.2 Project Data

The Client retains all intellectual property rights over the Project Data uploaded to the Platform. The Publisher claims no rights over such data.

6.3 Results

Results generated by the Platform from the Client's Project Data are the property of the Client. The Publisher retains no copy of the Results after the end of the contract.

7. Intellectual Property Warranty

The Publisher warrants to the Client that the Platform, as provided, does not infringe the intellectual property rights of any third party. In the event of a third-party claim alleging that use of the Platform constitutes infringement, the Publisher shall assume the defense and indemnify the Client for any damages awarded, provided the Client has notified the claim promptly and has cooperated in the defense.

This warranty does not cover infringement arising from the combination of the Platform with third-party elements not provided by the Publisher, nor from use of the Platform outside its normal intended purpose.

The Client warrants in return that the Project Data uploaded to the Platform does not infringe the rights of any third party and that the Client holds all necessary rights to submit such data for processing.

8. Personal Data

The processing of personal data is described in the Privacy Policy accessible at kalypsohq.com.

Project Data is processed in accordance with Article 28 GDPR. The Publisher acts as data processor. The specific data processing terms are defined in the Client's individual contract.

9. Hosting and Data Security

• Each Client has an isolated instance (single-tenant)

• Data is hosted in Switzerland

• AI models are executed locally on the Client's dedicated infrastructure

• No data passes through third-party cloud services or external APIs

• No project data is used for AI model training

10. Limitation of Liability

10.1 Exclusion of Liability for Results

The Publisher shall in no event be held liable for decisions made by the Client or User based on the Results generated by the Platform.

Results are provided as analytical assistance and do not constitute an expert opinion, legal advice, or a report conforming to any specific standard or protocol (AACE 29R-03, SCL Protocol, FIDIC, or other).

In particular, the Publisher disclaims all liability in the event of:

• Use of Results in arbitral, judicial, or mediation proceedings without prior verification by a qualified expert

• Direct or indirect damage resulting from any inaccuracy, omission, or incompleteness in the Results

• Financial loss, loss of market, loss of opportunity, or any consequential damage related to the use of Results

• Non-conformity of Results with the Client's specific expectations in the context of a given dispute

10.2 Source Data

The Publisher shall not be held liable for the quality, accuracy, authenticity, or completeness of the Project Data uploaded by the Client. Results are directly dependent on the quality of the data provided: incomplete, erroneous, or corrupted data will necessarily produce Results affected accordingly.

10.3 Availability

The Publisher does not guarantee uninterrupted access to the Platform. Its liability shall not be incurred in the event of temporary unavailability due to maintenance, updates, or force majeure.

10.4 Exclusion of Indirect Damages

The Publisher shall in no event be held liable for indirect damages, including but not limited to: loss of profits, loss of data, loss of clientele, loss of business opportunity, damage to image or reputation, even if the Publisher has been informed of the possibility of such damages.

10.5 Liability Cap

In any event, the total liability of the Publisher under these Terms is limited to the amounts actually paid by the Client during the twelve (12) months preceding the event giving rise to liability.

11. Confidentiality

The Publisher undertakes to maintain strict confidentiality of Project Data and all information relating to the Client's affairs.

The Client acknowledges that the Platform processes potentially sensitive data in a contentious context. Accordingly:

• The Publisher shall not disclose any Project Data to any third party, except where required by law

• The Publisher shall not disclose the identity of its clients or the nature of projects processed, except with the Client's prior written consent

• In the event of a disclosure request from a judicial or administrative authority, the Publisher shall inform the Client as soon as possible, unless prohibited by law

The Client is solely responsible for compliance with its own confidentiality obligations toward parties to the dispute, courts, or arbitral institutions regarding the Results it uses.

12. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Publisher against any claim, action, damage, cost, or expense (including reasonable legal fees) arising from:

• Use of the Results by the Client or User in the context of any proceedings

• Breach by the Client of its obligations under these Terms

• Any third-party claim related to Project Data uploaded by the Client (infringement of intellectual property rights, confidentiality, or any contractual obligation of the Client toward third parties)

13. Duration and Termination

These Terms apply for the entire duration of the User's use of the Platform.

In the event of a breach by the User of any obligation under these Terms, the Publisher reserves the right to suspend or terminate access to the Platform, without prejudice to any damages.

Specific contractual conditions (term of commitment, termination conditions, pricing) are defined in the individual contract between the Publisher and the Client.

14. Modifications

The Publisher reserves the right to modify these Terms at any time. Users shall be notified of any material modification by email at least thirty (30) days before the changes take effect.

Continued use of the Platform after the effective date of modifications constitutes acceptance of the modified Terms.

15. Force Majeure

Neither party shall be held liable for failure to perform its obligations under these Terms if such failure results from an event of force majeure, including but not limited to: natural disaster, pandemic, war, embargo, act of terrorism, widespread internet infrastructure failure, major cyberattack, or governmental or regulatory action rendering performance of the service impossible.

The affected party shall inform the other party as soon as possible. If the force majeure event continues beyond thirty (30) days, either party may terminate the contract without compensation.

16. Governing Law and Jurisdiction

These Terms are governed by French law.

In the event of a dispute relating to the interpretation or performance of these Terms, the parties shall first endeavor to reach an amicable resolution. Failing that, the dispute shall be submitted to the competent courts of the Publisher's registered office.

For international clients: in the event of a conflict between these Terms and the provisions of the individual contract, the individual contract shall prevail.

17. Contact

For any questions regarding these Terms:

Dagem Pary Email: contact@kalypsohq.com