Introduction and Acceptance of Terms

Welcome to Marginal AI, a product of Quantimental Technologies Ltd. (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Marginal AI platform and services (“Service”). By creating an account or using the Service, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, you must not use the Service. These Terms form a binding agreement between you and the Company. (Use of the Marginal AI API by enterprise customers is subject to a separate API agreement, as noted below.)

Eligibility and Accounts

• Minimum Age: You must be at least 17 years old (or the age of majority in your jurisdiction) to use Marginal AI. By using the Service, you represent that you meet this requirement.
• Entity Use: If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, and “you” as used in these Terms includes both you as an individual and that entity.
• Account Registration: You must create an account and provide accurate, complete information. Keep your account credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately at our support contact (see Contact Information below) if you suspect unauthorized use of your account.
• Account Security: Do not share your login credentials. We are not liable for any loss or damage arising from your failure to maintain the security of your account. We may require multi-factor authentication or other security measures for account access.

Subscription Plans and Billing

• Plans and Compute Units: Marginal AI offers free and paid subscription plans (including, for example, Free, Pro, and Business tiers). Each plan provides a certain allocation of Compute Units (“CUs”) or usage credits per billing period. A CU is a unit of AI processing, defined for Marginal AI as one (1) second of large language model inference time. CUs measure the computational effort of processing your queries and generating AI responses.
• Metered Usage: We will meter and track your usage of the Service in CUs. Each plan includes a fixed number of CUs per month (or other billing cycle). If you approach or exceed your plan’s CU allowance, we may notify you via the dashboard or email. Any usage beyond your plan’s included CUs is considered overage.
• Overage Charges: If you exceed your included CUs, you will incur overage fees for the additional usage. Overage CUs are billed at the overage rate specific to your plan (as stated on our pricing page or your order). You are responsible for paying for all usage including any overage units.
• Plan Upgrades: You may upgrade your subscription at any time. Upgrades take effect immediately upon confirmation, and your billing will be pro-rated as applicable (you’ll be charged the difference in price for the remaining period or given additional CUs accordingly).
• Plan Downgrades: Downgrades to a lower tier plan will typically take effect at the start of your next billing cycle. You will retain access to your current plan features and usage limits until the end of the current paid period, after which the lower plan limits will apply. (No refunds or credits are given for unused benefits of the higher plan in the current period.)
• Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period, after which your account will revert to the Free plan or be closed. We do not provide refunds for the unused portion of a billing period following a mid-period cancellation, except where required by law. You will retain full access to paid features until the end of the period in which you cancelled. For App Marketplace purchases, cancellations and any refunds (if available) are handled by the App Marketplace as described above and below.
• Billing and Payment: By subscribing to a paid plan, you authorize the applicable merchant of record to charge the applicable subscription fees, taxes, and any usage-based charges (including overage fees) in accordance with these Terms. If you purchase a subscription directly from us (e.g., on our website), you authorize us (or our payment processor) to charge your provided payment method. If you purchase a subscription through an app marketplace (including the Apple App Store, Google Play, Samsung Galaxy Store, or Huawei AppGallery / Huawei Gallery Connect, each an “App Marketplace”), you authorize the App Marketplace (and its payment partners) to charge your App Marketplace account, and your billing relationship for that purchase is with the App Marketplace, subject to its terms. Overage and usage-based charges may be billed by us (or our payment processor) or, where supported, through the App Marketplace, depending on the plan and purchase channel.

App Marketplace Purchases; Cancellations; Refunds. If you purchased a subscription through an App Marketplace, you must manage renewals, cancellations, and payment method changes through that App Marketplace. Cancellation takes effect at the end of the then-current subscription term (as determined by the App Marketplace), and you will retain access to paid features until the end of that term unless your access is suspended or terminated under these Terms, or the App Marketplace ends your entitlement earlier (for example, due to charge failure or refund). We do not provide refunds, except where required by law. For App Marketplace purchases, any refund request must be directed to the App Marketplace and will be handled (if at all) under the App Marketplace’s policies and applicable law. Nothing in these Terms limits any non-waivable statutory rights you may have under applicable consumer protection laws.

• Late Payments: If we cannot collect payment when due, we may attempt to charge again, and you will remain responsible for amounts due. We reserve the right to suspend or limit your account if payment is past due. Late payments may accrue interest at 1.5% per month (or the highest rate allowed by law), and you may be responsible for any collection costs.
• Changes to Fees: Our prices and plan structures may change over time. If we increase subscription fees or overage rates, we will provide advance notice (e.g. by email or in-app notification) at least 30 days before the new rates take effect. If you do not agree to the new fees, you may cancel your subscription before the change. Continued use of the Service after the effective date of new fees constitutes acceptance.

Acceptable Use Policy

You agree to use Marginal AI in a lawful and respectful manner. You may not:

• Illegal or Harmful Purposes: Use the Service for any illegal, fraudulent, or harmful purpose. This includes, without limitation, using Marginal AI to violate any law or regulation, to disseminate malware, or to engage in fraudulent activities.
• Misuse of AI Output: Use the Service to generate content that is misleading, harmful, defamatory, obscene, or offensive. You also may not use the Service to attempt to evade laws or regulations (for example, using AI outputs to facilitate financial crimes, money laundering, or other unlawful schemes).
• Financial Market Misconduct: Use Marginal AI for financial fraud, or market manipulation. Prohibited activities include using AI outputs to engage in pump-and-dump schemes, insider trading, front-running, spoofing, or any trading or investment activity that violates securities or commodities laws. Marginal AI’s insights should never be used as the sole basis for investment decisions or in lieu of professional judgment, especially in regulated financial markets.
• Abusive Behavior & Load: Deploy any automated systems (bots, scripts, scrapers) that send excessive requests to the Service, impose an unreasonable load, or attempt to disrupt the Service’s availability. You may not attempt to probe, scan, or test the vulnerability of our infrastructure. Excessive or abusive usage beyond your plan limits (e.g. intentionally bypassing CU limits or rate limits) is prohibited and may result in throttling or suspension.
• Interference and Reverse Engineering: Interfere with, disrupt, or attempt to circumvent any security or usage restrictions of the Service. You may not reverse engineer, decompile, or disassemble any aspect of Marginal AI, nor attempt to extract the source code or underlying models, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Unauthorized Resale or Access: You may not resell, rent, or sublicense the Service or provide unauthorized access to the Service to any third party. For example, you cannot use our API or platform output to create a competing service or mass-distribute Marginal AI’s responses without our permission. If you are interested in commercial or embedded use of our Service, please contact us for the proper licensing (see “API and Enterprise Use” below).
• Data Misuse: Do not use the Service in a manner that violates the privacy or intellectual property rights of others. You must not input personal data or confidential information of others without authorization. You also must not use Marginal AI to generate content that infringes someone else’s copyright, trademark, or other intellectual property rights.
• Generated Content Warning: AI outputs may reflect biases or inaccuracies present in training data. Users must not rely on outputs without independent verification and must not present AI-generated content as fact in contexts that could cause harm or mislead (e.g., financial, medical, or legal). You are responsible for how you use any AI-generated content and its downstream impact.

We reserve the right to investigate any suspected violation of this Acceptable Use Policy. Violation of any of the above may result in immediate suspension or termination of your access, in our reasonable discretion. We may also report unlawful conduct to law enforcement authorities if appropriate.

Automated Monitoring and Updates

Marginal AI utilizes automated systems (including AI “agents”) to monitor data sources and update content on our platform. These systems enable us to provide up-to-date analyses and reports on extraordinary events without manual intervention. You acknowledge and agree that:

• The Service may automatically collect and analyze information from various public sources to update results and insights provided to you. We employ technical measures to monitor usage patterns and ensure compliance with these Terms.
• We make reasonable efforts to update our datasets and AI-generated reports in a timely manner as new information becomes available. However, we do not guarantee that the Service will capture or reflect every relevant event in real-time, or that information presented will always be current. There may be delays or gaps in updates due to technical, operational, or content limitations.
• We may monitor your usage of the Service to ensure quality, improve the Service, and verify compliance with these Terms. This monitoring is performed by automated means and is not intended to invade your privacy; it is described further in our Privacy Policy. We will not disclose the specifics of our monitoring mechanisms (as they are proprietary), but any data collected will be handled in accordance with our Privacy Policy and applicable law. We process data submitted to the Service (including prompts, feedback, and usage metadata) in accordance with our Privacy Policy. While we use this data to improve performance and prevent abuse, we do not use user prompts to train third-party models, nor do we sell personal data. Users should avoid submitting sensitive or confidential data unless absolutely necessary.
• If our monitoring systems detect patterns that suggest misuse (for example, unusually high volumes of requests that suggest an automated scraper in violation of these Terms), we may take action, including rate-limiting your access or temporarily suspending your account. In cases of suspected serious abuse or security threats, we reserve the right to act without prior notice to protect the Service’s integrity.

This automated monitoring and update functionality is core to how Marginal AI operates, but it does not relieve you of responsibility for how you use the information. Always use good judgment in relying on AI-provided data, as noted in the Disclaimers section.

API and Enterprise Use

Marginal AI’s web interface and self-serve plans are designed for individual and internal business use. If you wish to integrate Marginal AI into other applications, products, or workflows via our API, or if you require multi-user enterprise solutions beyond the standard plans, additional terms will apply:

• API Access: Use of any Marginal AI application programming interface (API) requires entering into a separate Master Services Agreement (API Access) or similar API license agreement with us. The API terms will govern issues such as API keys, rate limits, data usage, and service-level commitments for enterprise customers. You may not use any undocumented or unauthorized API endpoints or methods.
• Enterprise Plans: The Marginal AI “Business” plan is offered as part of our self-serve tier structure for teams and organizations. Business plan users are still governed by these standard Terms, except where superseded by a separately negotiated contract. If your organization requires custom terms (for example, a custom enterprise agreement, Data Processing Addendum, or heightened service obligations), please contact us.
• No Unauthorized Integration: Absent an express agreement, you must not embed or white-label our Service as part of a commercial offering, nor systematically export or make available large volumes of Marginal AI data to third parties. Enterprise users integrating Marginal AI via API or embedding it in software must ensure compliance with our API-specific terms and may not misuse or resell the API output. Misuse of the API (e.g. exceeding agreed usage, removing required attributions, or compromising our system) is grounds for termination.
• Enterprise Compliance: If you are a business user in a regulated industry (e.g. finance, healthcare), you are responsible for ensuring that your use of Marginal AI complies with laws and regulations applicable to you. We provide tools and information, but we do not assume any regulatory compliance obligations on your behalf. For example, financial firms using the Service must still follow securities laws and cannot rely on Marginal AI outputs without proper oversight (see “Financial Use Disclaimers” below).

In summary, API and enterprise use are welcome, but they require the right arrangements. Contact us to discuss any use of Marginal AI beyond the standard platform interface.

Intellectual Property Rights

• Our Intellectual Property: All rights, title, and interest in and to the Marginal AI Service (including software, algorithms, models, databases, user interface design, and proprietary methodologies) are owned by the Company (Quantimental Technologies Ltd.) and its licensors. The Marginal AI name and logo are our trademarks. These Terms do not grant you any ownership of our intellectual property. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your own internal purposes, in accordance with these Terms. You may not copy, modify, distribute, or create derivative works based on our Service or content, except as explicitly allowed by us or by law. Any feedback or suggestions you provide regarding Marginal AI can be used by us without obligation.
• Your Content: You retain ownership of any input you provide to Marginal AI (such as the prompts, queries, or data you submit) and any output generated by the Service for you (the AI-generated responses), to the extent such outputs are subject to intellectual property rights. We make no claim of ownership over your input or the results specifically generated for you. However, by using the Service, you grant us a license to use your inputs and outputs as necessary to operate and improve the Service. This includes the right for us to process your queries, store them, and analyze them to debug our systems and improve the accuracy and performance of our AI models. You acknowledge that similar or identical outputs may be generated for other users who submit similar prompts. The license you receive to use AI-generated content is non-exclusive and may be shared by others unless you have a separate enterprise agreement providing exclusivity.
• Third-Party Content and Integrations: The Service may enable you to access content, data, or tools provided by third parties (for example, links to news sources or the use of external APIs for information). We do not claim rights in third-party content accessed through our Service, and your use of that content may be subject to the third party’s terms. We are not responsible for content provided by others. If you believe any content on Marginal AI infringes your intellectual property rights, please notify us. We reserve the right to remove or disable content alleged to be infringing and to terminate accounts of repeat infringers under appropriate circumstances.

Financial Services Disclaimer and User Responsibilities

Marginal AI is not a registered broker-dealer, investment adviser, or financial planner, and we do not provide personalized financial or investment advice. The information and AI-generated insights provided by the Service are for general informational purposes only. You should not construe any output from Marginal AI as professional advice or a recommendation to buy or sell securities, commodities, or any financial instruments. Always consult with a licensed professional for financial, legal, or investment decisions.

• Regulatory Compliance: If you choose to use Marginal AI in connection with financial markets or investments, you are solely responsible for complying with all applicable laws and regulations. This includes securities laws and regulations enforced in your jurisdiction. For example, users must comply with U.S. securities laws such as the Securities Act of 1933, the Securities Exchange Act of 1934, and regulations and rules of the U.S. Securities and Exchange Commission (SEC) and FINRA. In the EU and UK, users must comply with regulations like the Markets in Financial Instruments Directive (MiFID II) and the UK Financial Conduct Authority (FCA) rules. Any use of Marginal AI for investment or trading purposes must be done within the bounds of the law – using the Service to assist in market manipulation, insider trading, front-running, or any activity that would violate financial regulations is expressly prohibited (as stated in the Acceptable Use Policy).
• No Fiduciary Duty: We are not responsible for any trading losses, missed opportunities, or other damages that may result from your reliance on Marginal AI’s outputs. Users engaged in trading or investing acknowledge that markets are risky and that Marginal AI’s analytical outputs are not guarantees of future performance. Any decision you make based on information from the Service is made at your own risk. You should carefully review any AI-generated insight and consider verifying it with other sources or professional advisors before making significant decisions.
• Specific Use Restrictions: Without limiting the general Acceptable Use section, note that:

Marginal AI’s outputs should not be presented as professional investment research or advice to others without appropriate qualifications and compliance. If you use our data or AI analysis in communications (e.g., research reports, blog posts, social media, etc.), you must not misrepresent the source or nature of the information.

If you are a regulated financial entity (such as a broker-dealer, investment adviser, or fund manager), you must vet and approve Marginal AI’s outputs according to your industry’s compliance rules before using them in any official capacity.

If you share or publish outputs from Marginal AI (e.g., in reports, articles, or social media), you must clearly disclose that the content was generated by AI and does not constitute professional advice. Misrepresenting AI-generated content as human-authored investment research may violate regulatory requirements in your jurisdiction.

Marginal AI does not guarantee that use of the Service will satisfy any suitability obligations, fiduciary duties, or regulatory standards applicable to financial professionals. The platform is a tool, and it is up to you to use it responsibly and lawfully.

By using Marginal AI, you acknowledge these disclaimers. We expressly disclaim any liability for your use of the Service in financial or trading contexts. You agree to indemnify us for any claims or regulatory penalties arising from your misuse of Marginal AI in violation of financial laws (see Indemnification below).

General Disclaimers; No Warranty

• AI Limitations: You understand that Marginal AI uses advanced large language models and other AI techniques to provide answers and insights. While we strive for accuracy and usefulness, AI technology has inherent limitations. No AI system is perfect or free from bias, and Marginal AI’s outputs may occasionally be incorrect, incomplete, out-of-date, or problematic in ways we do not anticipate. You must use your own discretion and judgment when evaluating AI-generated content. Do not rely on the Service as your sole source of truth for critical decisions. We recommend cross-checking important results with independent sources and exercising caution especially in high-stakes contexts (medical, legal, financial, etc.). We also do not guarantee that our AI will filter all offensive or inappropriate content; by using the Service you acknowledge that you may be exposed to content that is erroneous or undesirable, and you may be exposed to content that is erroneous or undesirable, and to the maximum extent permitted by law, you agree that we are not responsible or liable for AI-generated content and you will not bring claims against us based solely on AI-generated content (subject always to any non-waivable rights you may have under applicable law and our enforcement of the Acceptable Use Policy).
• “As Is” and “As Available”: Marginal AI is provided to you “AS IS” and “AS AVAILABLE,” without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted or error-free. We do not guarantee that the Service will meet your requirements or that any results can be achieved by you through use of the Service. All information, content, and material provided by the Service are provided “as is,” and you assume all risk for any use or reliance on such information.
• No Guarantee of Availability or Accuracy: While we aim for high availability, we do not promise that the Service will be available 100% of the time or that it will be free of defects. Outages, maintenance windows, and technical difficulties may occur. Likewise, we do not warrant the accuracy, timeliness, or reliability of any data or information obtained through Marginal AI. Any statements about future events or predictions made by the AI are speculative and not guaranteed. Historical data or examples provided are for illustration and may not be complete.
• Third-Party Services: The Service may rely on or integrate with third-party services (such as cloud infrastructure or AI model providers). We make no warranty or guarantee regarding any third-party services. Your use of third-party services may be subject to their terms and privacy policies. We are not responsible for downtime or issues attributable to third-party providers. However, we will use reasonable efforts to ensure our Service remains operational and to communicate any known outages or issues.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights, so some of the above disclaimers may not apply to you. Nothing in these Terms excludes, restricts, or modifies any consumer rights that cannot be waived under applicable law. To the extent any warranty is required by law and cannot be disclaimed, it will apply for the minimum period and to the minimum extent required by applicable law.

Limitation of Liability

• Indirect Damages: To the fullest extent permitted by law, neither the Company nor you will be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use of (or inability to use) the Service. This exclusion of damages includes, without limitation, any loss of profits, loss of data, business interruption, computer damage, or other commercial or economic loss, even if a party has been advised of the possibility of such damages. Marginal AI specifically is not liable for any harm resulting from your reliance on AI-generated outputs or decisions you make based on the Service.
• Liability Cap: Each party’s total cumulative liability to the other for all claims arising out of or relating to these Terms or the use of the Service will not exceed the total amount of fees that you have paid to us for the Service in the three (3) months immediately prior to the event giving rise to the liability. (If you are on a free plan, our total liability will not exceed $10 USD.) This limitation applies collectively to the Company, its officers, directors, employees, affiliates, agents, and suppliers. This means that if, for example, you have paid us $200 over the last three months, our maximum liability to you for any claims will be $200.
• Exceptions: The limitations above do not apply to the extent prohibited by law. In addition, certain liabilities are not capped or excluded by these Terms, such as any liability for gross negligence or willful misconduct, or our obligations under the indemnification section below (to the extent a third-party claim is made against you for which we are responsible). However, to the extent these exclusions and limits are permitted by applicable law, they shall apply. Both you and the Company acknowledge that this allocation of risk is an essential element of the bargain between us and that, absent these limitations, the fees charged for the Service would be different.

Indemnification

• Your Indemnification of Us: Business / Professional Use. If you use the Service for business, professional, or commercial purposes (including on behalf of an entity), the following indemnity applies. You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, losses, liabilities, damages, fines, penalties, or expenses (including reasonable attorneys’ fees) that arise out of or are related to: (a) your misuse of the Service or your violation of these Terms; (b) any content or data you input into the Service, including any allegations that such content violates the rights of a third party or violates any law; or (c) your violation of any applicable law or regulation in connection with your use of Marginal AI (including financial regulations, if applicable). This means that if a third party (for example, a government agency or another user) sues or fines the Company because of something you did, you will cover our costs and damages to the extent obligated by law. We will promptly notify you of any such claim and permit you to control the defense, so long as you conduct a diligent defense. We may participate in the defense with counsel of our choice at our expense. You may not settle any claim in a manner that imposes a financial or reputational burden on the Company without our prior written consent. If you are using the Service as a consumer, this indemnity applies only to the extent permitted by applicable law and does not apply where consumer protection laws prohibit such obligations.
• Our Indemnification of You: The Company agrees to indemnify and hold you harmless from any third-party claim that the Marginal AI Service, as provided by us and used in accordance with these Terms, directly infringes a valid U.S. patent, copyright, or trademark of that third party. If such a claim arises, we will defend you (at our expense) against that claim and pay any final court-awarded damages or settlements approved by us. This indemnity does not apply to claims arising from (a) your misuse of the Service or combination of the Service with other products not provided by us, (b) modifications to the Service made by anyone other than us, or (c) content or data provided by you or third parties. If the Service becomes the subject of an infringement claim, we may, at our option, obtain the right for you to continue using it, or modify or replace the Service to make it non-infringing. If we determine that none of these options is commercially reasonable, we may terminate your access to the affected Service with notice and provide a pro-rata refund of any prepaid fees for unused Service. This section states our entire obligation and your exclusive remedy regarding any claim of intellectual property infringement by the Service.

Termination and Suspension

• By You: You may stop using Marginal AI at any time. You may also delete your account or cancel any paid subscription as described in the Cancellation section above. Termination of your account will not prejudice any rights or obligations incurred by you or the Company up to the effective date of termination (for example, you are still responsible for payment of any outstanding fees).
• By Us: We reserve the right to suspend or terminate your access to the Service (in whole or in part) under the following circumstances:
• Breach: If you violate any of these Terms or any policies referenced herein (including the Acceptable Use Policy) in a material way, or repeatedly violate the Terms, we may suspend your account immediately and/or terminate this agreement after providing notice of the breach (where practicable). In some cases of egregious or illegal conduct, we may terminate or suspend without prior notice if we determine it is necessary to protect the Service, other users, or third parties.
• Non-Payment: If you fail to pay any fees when due and such failure continues for a specified period after we send a reminder (e.g. 7 days past due), we may suspend your account for non-payment. If you then fail to pay within a further short period (e.g. 15 days after suspension), we reserve the right to terminate your account for breach.
• Security Threats: If your use of the Service is detected to pose a security risk or could adversely impact our infrastructure (for example, you have been hacked or your API usage is being exploited in a way that threatens the Service’s stability), we may temporarily suspend your access. We will make reasonable efforts to notify you and help resolve the issue, but our priority is the overall platform security.
• Legal Requirement: If we are legally required to terminate service to you (for example, due to sanctions, court order, or regulatory restrictions), we may do so immediately and without prior notice.
• Inactivity: For free accounts, if your account is completely inactive (no logins or usage) for an extended period (e.g. 12 months), we may deactivate or delete the account after attempting to reach you at the email on file. We will give notice before deletion in such case. Paid accounts in good standing will not be terminated for inactivity.
• Effect of Termination: Upon termination of your account or this agreement for any reason, your right to access or use the Service will immediately cease. We will deactivate or delete your account and all associated data within a reasonable period, except to the extent we are obliged to retain certain data for legal or compliance purposes (see our Privacy Policy for data retention practices). If we terminate your account for breach, you are not entitled to any refund of fees paid. If we terminate without cause (e.g. shutting down the Service entirely), we will provide any prorated refunds for prepaid services not provided. Sections of these Terms that by their nature should survive termination (such as intellectual property ownership, liability limitations, indemnification, and dispute resolution) will remain in effect.

Export Controls and Sanctions Compliance

You agree to comply with all applicable export control and economic sanctions laws and regulations, including those of the United States, United Kingdom, European Union, United Nations, and any other relevant jurisdiction (“Sanctions Laws”). You may not use, access, export, re-export, transfer, or disclose the Service (or any related technical data) in violation of Sanctions Laws, including by (a) using the Service from, or for the benefit of, any territory or person subject to comprehensive sanctions, as amended from time to time, or (b) making the Service available to any person or entity listed on restricted-party lists maintained by relevant authorities. We may suspend or terminate access immediately where we reasonably believe continued access would violate Sanctions Laws.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles. If you are a consumer habitually resident outside the U.S. (including in the UK, EEA, Canada, or the Middle East), nothing in these Terms limits any mandatory consumer protection rights you may have under the laws of your jurisdiction, and you may bring claims in the courts of your habitual residence where required by applicable law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

• Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service that cannot be resolved through friendly negotiations shall be settled by binding arbitration on an individual basis. To the extent permitted by applicable law, you and the Company agree that disputes will be resolved by arbitration rather than in court, except for matters that may be taken to small claims court or requests for injunctive relief. The arbitration will be administered by a reputable arbitration organization (such as the American Arbitration Association, “AAA”, or its international division/affiliate, where applicable. If you are an individual using the Service for personal use, any arbitration will occur in a location convenient to you; otherwise, the arbitration will take place in Delaware, or another location mutually agreed by the parties. Each party is responsible for their own arbitration fees and costs, except as may be provided in the arbitration rules or awarded by the arbitrator. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or any other remedy allowed by law, but may not award relief that conflicts with these Terms (such as punitive damages beyond the liability cap). Judgment on any arbitration award may be entered in any court of competent jurisdiction.
• Class Action Waiver: To the maximum extent permitted by law, you and the Company each waive the right to participate in any class action or representative proceeding. All claims and disputes must be brought on an individual, one-to-one basis, and not as a plaintiff or class member in any purported class, collective, or representative action. An arbitrator shall not consolidate or join the claims of other persons or parties who may be similarly situated without the express consent of all parties. If this class action waiver is found to be unenforceable in a particular case, then the entirety of the arbitration provision shall be null and void for that case, and the dispute will be decided by a court of competent jurisdiction. For U.S. users and non-consumer business users, venue will be the state or federal courts located in Delaware. For consumers outside the U.S., venue may be the courts of the consumer’s habitual residence where required by applicable law.
• Opt-Out: You have the right to opt out of arbitration and the class action waiver within 30 days of first accepting these Terms (for example, from the date you create your account), by sending written notice of your decision to opt out to our contact address provided below. If you opt out, or if the arbitration agreement is found unenforceable by a court, you agree that any dispute arising out of these Terms or the Service shall be resolved by the state or federal courts located in Delaware for U.S. users and non-consumer business users, and otherwise by a court of competent jurisdiction including the courts of your habitual residence where required by applicable law.
• Exceptions: Notwithstanding the foregoing, either party may bring an action in court without first going to arbitration: (a) for small claims matters within the scope of small claims jurisdiction, or (b) to seek injunctive or equitable relief for intellectual property infringement, unauthorized use of data, or other claims where interim relief is sought to prevent imminent harm (e.g., a temporary restraining order). Such actions shall not waive the right to arbitrate the underlying merits of the claim.

Export Controls and Sanctions Compliance

You agree to comply with all applicable export control and sanctions laws in connection with your use of Marginal AI. You may not use or access the Service if you are located in or a resident of any country or region subject to comprehensive U.S., UK, EU, or UN sanctions (including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, and Luhansk regions of Ukraine), or if you are on any restricted party list maintained by such authorities. You represent that you are not a prohibited party under these laws and agree not to use the Service for any purpose prohibited by such laws, including the development of weapons, surveillance tools, or in support of military end uses.

Miscellaneous Provisions

• Changes to Terms: We may update or modify these Terms from time to time (for example, to reflect changes in our Service or the law). If we make material changes, we will notify users by email or by posting a prominent notice in the Service. Updated Terms will be effective when posted (or as of the stated effective date). By continuing to use the Service after any changes come into effect, you agree to the revised Terms. If you do not agree to a change, you should stop using the Service and, if applicable, cancel your subscription.
• Entire Agreement: These Terms (along with any referenced documents like the Privacy Policy and any applicable API or enterprise agreements) constitute the entire agreement between you and the Company regarding the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, relating to the Service. In entering these Terms, neither party has relied on any statement or representation not expressly set out herein.
• No Waiver: The failure by either party to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the waiving party.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
• Assignment: You may not assign or transfer these Terms or your rights or obligations under them, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to do so without consent is void. We may assign these Terms or any of our rights or obligations to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, and you hereby consent to such assignment. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
• Force Majeure: Neither party will be liable for any delay or failure in performance (except payment obligations) due to events outside the party’s reasonable control, such as natural disasters, acts of government, war, terrorism, labor disputes, Internet or telecommunication failures, power outages, or epidemics/pandemics. The affected party shall give prompt notice to the other and make reasonable efforts to mitigate the impact. If a force majeure event continues for more than 30 days, either party may terminate the affected Service by written notice.
• Relationship of Parties: You and the Company are independent contractors. These Terms do not create any joint venture, partnership, employment, or agency relationship between us. Neither party has any right or authority to bind or act on behalf of the other.
• No Third-Party Beneficiaries: These Terms are for the benefit of you and us, not for any third party. No third party has any rights to enforce any term of these Terms.
• Notices: We may provide notices or communications to you via the email address associated with your account, via in-service notifications, or via recognized courier or mail to any address you have provided. You are responsible for keeping your contact information current. Official legal notices to us should be sent by mail to the address in the Contact section below, with a copy to our email if available, and will be deemed given when received.
• Headings: Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
• Language: These Terms are in the English language. If we provide a translation, it is for reference only, and the English version will govern in case of any conflict or ambiguity.

Contact Information

If you have any questions about these Terms or need to contact us for any reason, please reach out

Quantimental Technologies Ltd. (trading as Marginal AI) Address: 1111B S. Governors Ave STE 25426, Dover, DE 19904, USA

Email: support@marginal-ai.com (for general inquiries)

By using Marginal AI, you acknowledge that you have read, understood, and agree to these Terms and Conditions and our Privacy Policy. Thank you for reading, and we hope you find Marginal AI valuable!