Risk Report Terms of Service

1. Overview & Acceptance

These Risk Report Terms of Service ("Report Terms") govern your purchase and use of DARWN's risk assessment reports for professionals designated as "High-Risk" on the platform. By purchasing or accessing any Risk Report, you agree to be bound by these Report Terms in addition to the Enterprise Services Agreement and Terms of Service.

2. Definitions

• "Risk Report" — A compiled assessment of a professional's performance history, workplace behavior patterns, tenure data, referral information, and risk indicators, generated by DARWN's proprietary analysis.
• "High-Risk Designation" — A classification applied to professionals who have received negative performance indicators, behavioral flags, or risk assessments from multiple sources on the DARWN platform, representing 30% ownership positions with elevated dividend yields.
• "Performance Data" — Aggregated and anonymized data points including referral assessments, workplace behavior indicators, employment tenure patterns, and peer evaluations.
• "Risk Score" — A proprietary numerical assessment of a professional's workplace risk profile, generated by DARWN's algorithm based on available Performance Data.
• "Report Purchaser" — The employer, healthcare facility, or authorized organization purchasing and accessing Risk Reports.

3. Nature of Risk Reports

DARWN Risk Reports are NOT consumer reports as defined by the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Risk Reports are proprietary analytical products based on aggregated performance metrics, peer referral data, and publicly available professional information.

DARWN does not act as a "consumer reporting agency" as defined by the FCRA. Risk Reports are designed for workforce planning, organizational risk assessment, and due diligence purposes — not as a substitute for traditional employment screening, background checks, or consumer reports.

If you require FCRA-compliant background checks, you must obtain them through a qualified consumer reporting agency, separate from DARWN.

4. Permissible Use

Risk Reports may ONLY be used for the following purposes:

• Workforce Planning: Assessing organizational risk exposure and staffing needs
• Risk Assessment: Evaluating potential workplace safety or operational risks
• Due Diligence: Supplementing (not replacing) standard hiring due diligence processes
• Organizational Analytics: Benchmarking and trend analysis for workforce management

Risk Reports must NOT be used as the sole basis for any adverse employment decision, including but not limited to refusal to hire, termination, demotion, or denial of promotion. Employers must supplement Risk Report data with their own independent due diligence.

5. Report Content

Risk Reports may include the following data points:

• Aggregated performance metrics from multiple referral sources
• Employment tenure patterns and job change frequency
• Workplace behavior indicators and risk flags
• Peer and colleague referral assessments (anonymized sources)
• Professional credential verification status
• Risk Score and risk category classification
• Industry benchmarking data

The specific content of each Risk Report varies based on the available data for the subject professional. Not all data points will be available for every professional.

6. Accuracy Disclaimer

DARWN MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY RISK REPORT.

• Risk Reports are based on data available at the time of generation and represent a point-in-time snapshot
• Data sources include user-submitted referrals and publicly available information, which may contain errors or bias
• Risk Scores are algorithmically generated and may not reflect the full scope of a professional's capabilities
• DARWN does not independently verify all data included in Risk Reports
• Risk Reports should be used as one of multiple inputs in decision-making, not as the sole determinant

7. Employer Obligations

By purchasing Risk Reports, you agree to:

• Use Risk Reports only for the permissible purposes described in Section 4
• Supplement Risk Report data with your own independent due diligence before making any employment decisions
• Comply with all applicable employment, anti-discrimination, and data protection laws
• Not use Risk Reports to discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other protected characteristic
• Maintain appropriate data security for all Risk Report data in your possession
• Train all personnel who access Risk Reports on proper use and legal obligations
• Maintain records of Risk Report access and usage for audit purposes

8. Prohibited Uses

You may NOT use Risk Reports to:

• Make adverse employment decisions based solely on Risk Report data
• Share reports with unauthorized individuals or organizations
• Publish, post, or publicly disclose any Risk Report data
• Harass, intimidate, or retaliate against any professional named in a report
• Resell, sublicense, or redistribute Risk Reports or underlying data
• Use Risk Report data for purposes unrelated to workforce management
• Reverse engineer DARWN's Risk Score algorithm or methodology
• Combine Risk Report data with consumer report data to circumvent FCRA protections

9. Data Freshness & Updates

Risk Reports reflect data available at the time of generation. Reports are not automatically updated. To obtain current information:

• Purchase an updated report at any time
• Subscription plans include periodic report refreshes (frequency varies by tier)
• The date of report generation is clearly displayed on each report

DARWN recommends refreshing reports before making any significant decisions based on previously purchased reports older than 90 days.

10. Fees

Risk Report fees vary by access method:

• Individual Reports: Per-report pricing based on report depth and data availability
• Subscription Bundles: Monthly or annual plans with reduced per-report pricing
• Enterprise Custom: Volume-based pricing negotiated under the Enterprise Services Agreement

All fees are non-refundable once a report has been accessed. Specific pricing is available upon request and is set forth in the applicable Order Form.

11. Indemnification

You agree to indemnify, defend, and hold harmless DARWN from and against any and all claims, damages, losses, liabilities, costs, and expenses arising out of or related to:

• Your misuse of Risk Reports or underlying data
• Any employment decisions made using Risk Report data
• Your failure to comply with applicable employment or anti-discrimination laws
• Claims by professionals or third parties arising from your use of Risk Reports
• Your breach of these Report Terms

12. Limitation of Liability

RISK REPORTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." DARWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARWN'S TOTAL LIABILITY FOR CLAIMS ARISING FROM RISK REPORTS SHALL NOT EXCEED THE FEES YOU PAID FOR THE SPECIFIC REPORT(S) GIVING RISE TO THE CLAIM.

DARWN SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM HIRING DECISIONS, EMPLOYMENT OUTCOMES, OR OTHER ACTIONS TAKEN BASED ON RISK REPORT DATA.

13. Dispute & Correction Process

Professionals who are the subject of a Risk Report may dispute the accuracy of the data contained therein. The dispute process is as follows:

• Subjects may submit a dispute to disputes@darwn.com
• DARWN will investigate disputed information within 30 days
• If data is found to be inaccurate, DARWN will correct or remove the data and notify Report Purchasers who received the affected report within the preceding 6 months
• Subjects may submit a statement of dispute that will be included in future reports

14. Termination & Data Destruction

Upon termination of your Enterprise Account or these Report Terms:

• Access to the DARWN Risk Report service will be immediately revoked
• You must destroy all Risk Reports and underlying data in your possession within 30 days
• You must certify destruction in writing to DARWN upon request
• Obligations regarding data confidentiality and prohibited uses survive termination

15. Contact

For questions about Risk Reports: