Terms of Service

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. You may not use the Service if applicable law prohibits you from receiving it.

If you use the Service for a company, fund, advisory firm, family office, institution, or other organization, you represent that you have authority to bind that organization. In that case, "you" includes both you and the organization, and the organization is responsible for its users' compliance with these Terms.

The Service is not offered in any jurisdiction where its availability or use would violate applicable law. You are responsible for determining whether your use is lawful where you are located and where you conduct business.

Your use of some features may be governed by additional terms, including an Order Form, master services or enterprise agreement, API addendum, data-provider terms, service-level agreement, data processing addendum, beta agreement, or app-store terms.

Each additional agreement controls only its subject matter. A signed master services or enterprise agreement controls over these Terms. An Order Form controls over these Terms but overrides a master services or enterprise agreement only when it expressly identifies the provision being overridden. A data processing addendum controls personal-data processing; a service-level agreement controls service levels and its stated remedies; data-provider terms control the affected Third-Party Content; and app-store terms control purchases processed by that store.

Our Privacy Policy describes how we collect, use, and disclose personal information.

You must provide accurate, current, and complete account and billing information and keep it updated. Individual seats are for one named user and may not be shared or used concurrently. A workspace administrator may reassign a named seat through authorized administrative controls. API credentials, integration credentials, and approved service accounts may be used only as permitted by your plan, the documentation, or an Order Form. You are responsible for all activity under your account, including activity by anyone you authorize or allow to access it.

An organizational account is a "Workspace." The organization identified in the applicable Order Form or, for a self-service Workspace, the organization on whose behalf the subscription was purchased is the "Customer." Each person the Customer authorizes to use a Workspace is an "Authorized User."

Keep passwords, authentication codes, API keys, and connected-account tokens confidential. Do not place brokerage passwords, private keys, seed phrases, payment credentials, or other authentication secrets into prompts, uploads, or ordinary support messages. Use only the designated connection flow for a supported integration.

You must promptly notify us at support@thinqcorp.com if you suspect unauthorized access, compromised credentials, or another security incident involving your account. We may require multifactor authentication, revoke credentials, reset API keys, or suspend access when reasonably necessary to protect the Service, you, or other users.

Market Ontology provides financial market research and analytical workflows. Depending on your plan, the Service may include automated or AI-generated analysis, causal and transmission-path analysis, market and company data, portfolio analytics, valuation tools, opportunity and scenario analysis, options or foreign-exchange analysis, saved theses, reports, monitors, alerts, team workspaces, public previews, APIs, and integrations.

Features, coverage, data sources, usage limits, response times, and availability vary by plan. We may improve or modify the Service over time. If we materially discontinue core paid functionality during a prepaid self-service term, Section 20 describes the applicable replacement or refund remedy. Enterprise commitments apply only when included in a signed agreement. The plan details shown at checkout or in your Order Form are part of your agreement with us. Roadmaps, demonstrations, statements about future features, and estimated release dates are not binding commitments.

Unless an Order Form expressly includes a service-level commitment, the Service has no guaranteed uptime, response time, coverage, latency, or support level.

MARKET ONTOLOGY PROVIDES SOFTWARE, DATA, AND INFORMATIONAL ANALYSIS. IT DOES NOT PROVIDE INVESTMENT, FINANCIAL, TRADING, LEGAL, TAX, OR ACCOUNTING ADVICE. The Service covered by these Terms is not offered as a brokerage, investment-advisory, commodity-trading-advisory, fiduciary, custody, portfolio-management, exchange, or execution service. Any separately regulated service, if ever offered, will be identified and governed by separate terms and disclosures.

Nothing in the Service is an offer or solicitation by Market Ontology to transact in any security, commodity, derivative, currency, digital asset, or other financial instrument. Outputs may discuss specific instruments, trades, hedges, position structures, rankings, scenarios, or possible market effects. They are provided as research inputs and are not intended to be personalized recommendations, order instructions, endorsements, or determinations that a transaction is suitable or in your best interest.

The Service may respond to information you provide, including holdings, watchlists, objectives, scenarios, or constraints. Even then, the Service does not know or evaluate your complete financial condition, mandate, risk tolerance, liquidity needs, investment horizon, tax position, legal restrictions, client obligations, or other facts necessary to determine whether a transaction is suitable or in your best interest.

You are solely responsible for your research, conclusions, investment decisions, orders, allocations, risk controls, and results. Before acting, independently verify the relevant facts and consult qualified professionals where appropriate. Trading and investing can result in the loss of some or all invested capital, and, with some products, losses can exceed the amount initially invested.

If you are a regulated professional or use the Service on behalf of others, you remain solely responsible for supervision, suitability or best-interest analysis, client disclosures, conflicts, approvals, books and records, investment-committee procedures, and all other legal, regulatory, contractual, and fiduciary obligations. The Service is not an official system of record unless a signed enterprise agreement expressly says that it is.

Nothing in these Terms excludes or limits any duty, remedy, or right that applicable law makes nonwaivable. The legal character of a service depends on the service actually provided, not only on the label used in these Terms.

The Service uses automated systems and may use third-party artificial-intelligence providers. Automated and AI-generated output is probabilistic. It may omit material facts, rely on stale information, misread a source, generate an unsupported or inaccurate fact or citation, make a calculation error, confuse entities or instruments, or produce inconsistent answers to similar requests.

You must independently check source materials, citations, timestamps, calculations, assumptions, units, currencies, corporate actions, instrument identifiers, and conclusions. A citation or link does not guarantee that the source supports the statement associated with it.

Models, prompts, retrieval systems, providers, methodologies, and data sources may change without notice. Output may not be unique, and the same or similar output may be provided to other users. We do not represent that output is copyrightable, exclusive, or free of third-party rights.

You must apply meaningful human review before using output in a trade, client communication, valuation, filing, investment memorandum, presentation, compliance process, or other consequential decision. Unless a signed enterprise agreement expressly permits it, do not use the Service as the sole input to unattended trading, time-critical execution, regulatory compliance, or a risk-control system.

The Service may contain market prices, economic data, company information, filings, news, estimates, consensus data, alternative data, research, and other content obtained from third parties ("Third-Party Content"). Third-Party Content may be delayed, estimated, corrected, restated, incomplete, unavailable, or subject to different adjustment methods. It may contain errors in timestamps, units, currencies, symbol mappings, corporate actions, or historical series.

Market Ontology does not control Third-Party Content and does not guarantee its accuracy, completeness, timeliness, sequence, or continued availability. The Service is not a substitute for an exchange feed, broker, custodian, administrator, company filing, or other authoritative source.

Third-Party Content may be subject to additional license terms, attribution requirements, geographic limits, professional-user classifications, exchange fees, or restrictions on display, storage, automated use, publication, and redistribution. You agree to provide accurate professional or nonprofessional status information when requested. When a data provider requires terms to apply directly to you, we will identify them in the Service, at checkout, or in your Order Form. Those identified terms govern only the affected Third-Party Content.

You may not extract, reproduce, distribute, sublicense, resell, publish, or use Third-Party Content to create a substitute data product except as expressly permitted through a Service feature, by the applicable data provider, or in a signed Order Form.

Forecasts, causal pathways, fair-value estimates, rankings, price targets, scenarios, simulations, and probability estimates are uncertain hypotheses, not facts or promises. They may change as data, assumptions, market conditions, policy, liquidity, and participant behavior change.

Backtests and hypothetical results have inherent limitations. They do not represent actual trading and may be affected by hindsight, overfitting, selection bias, survivorship bias, look-ahead bias, data revisions, and unavailable historical information. Unless expressly stated, they may not account for spreads, commissions, fees, slippage, latency, taxes, financing, borrow availability, margin, liquidity, capacity, market impact, rejected orders, or the practical ability to follow a strategy through losses.

Past, simulated, or hypothetical performance does not guarantee future results. No representation is made that any account will achieve results similar to those shown in the Service.

A valuation is not an appraisal, fairness opinion, solvency opinion, audited valuation, or independent expert opinion. Labels such as "arbitrage," "dislocation," or "fair value" do not mean that an opportunity is risk-free, executable at a displayed price, or certain to converge.

If you connect a brokerage, custodian, portfolio platform, storage provider, or other third-party account, you represent that you are authorized to access that account and provide its data to the Service. You authorize us and the applicable integration provider to retrieve, process, and display the data necessary to provide the features you request.

Connected-account data may arrive late, be duplicated, omit positions or transactions, or contain incorrect prices, quantities, cash balances, tax lots, cost basis, classifications, or exposures. You must reconcile all imported information against the records of the applicable broker, custodian, administrator, or other authoritative provider.

Connecting an account does not transfer custody of assets or authorize Market Ontology to move funds, exercise discretion, or place trades. The Service covered by these Terms does not execute or route orders. Any future execution feature will require separate terms and disclosures. If a feature permits you to transmit instructions to a third party, you are responsible for reviewing and confirming every instruction and for all resulting transactions.

Connected services and integrations are also subject to Section 19. An integration may change or become unavailable, and its provider may revoke access at any time.

Disconnecting an integration stops future retrieval after the request is processed. It does not close the third-party account or automatically delete data already imported into Market Ontology. Deletion of imported data is governed by available account controls, the Privacy Policy, and any applicable enterprise agreement, Order Form, or data processing addendum.

Monitors and alerts are provided for convenience. They may be delayed, duplicated, suppressed, misrouted, incorrectly triggered, or never delivered. A trigger may be evaluated using incomplete or delayed data. Delivery can be affected by your settings, contact information, network, device, email provider, notification permissions, third-party providers, or service outages.

You must maintain independent monitoring and risk controls. Do not rely on the Service for a margin call, stop-loss, order instruction, regulatory or contractual deadline, disclosure obligation, emergency action, preservation of capital, or any event that requires guaranteed or immediate delivery.

You are responsible for configuring triggers and recipients, maintaining accurate contact information, and checking the Service directly. A delivered alert does not confirm that its underlying information is accurate.

Public previews and other view-only, beta, or experimental features may contain cached, truncated, illustrative, stale, or incomplete content. They may fail, change materially, not preserve data, or be withdrawn without notice. They do not include a service-level commitment or promise of continued access, support, or feature permanence.

Do not use a preview or beta feature for production, time-critical, regulated, or consequential activity unless a signed agreement expressly permits that use. We may limit, revoke, or change preview and beta access at any time.

Subject to your compliance with these Terms and payment of applicable fees, Market Ontology grants you a limited, nonexclusive, nontransferable, nonsublicensable right to access and use the Service during the applicable subscription term, subject to suspension or termination only as described in Section 20, for your own lawful personal or internal business purposes. Users of a business account may use it only for the subscribing organization's internal purposes unless an Order Form permits additional use.

Market Ontology and its licensors retain all right, title, and interest in and to the Service, including its software, interfaces, ontologies, causal graphs, models, methodologies, workflows, prompts, taxonomies, compilations, documentation, visual design, trademarks, and improvements. For clarity, the Service excludes Customer Content, and this provision does not give Market Ontology ownership of a model, prompt, thesis, annotation, portfolio configuration, or other material supplied or created by you, except for Market Ontology technology incorporated into Output. Except for the limited rights expressly granted here, no rights are transferred to you.

As between you and Market Ontology, and to the extent permitted by law, you own any rights in output generated specifically for you ("Output"). To the extent Market Ontology has rights in that Output, we assign those rights to you. This does not transfer rights in the Service, Third-Party Content, our pre-existing materials, or elements also generated for others. Subject to those limitations, you may use, edit, reproduce, and incorporate Output into lawful internal research, investment processes, reports, and client-facing work that has been meaningfully reviewed by a qualified person. Client-facing use must not suggest that Market Ontology approved your advice and must preserve required source attribution.

You may share limited excerpts or screenshots when the Service provides a sharing function or when doing so does not expose restricted Third-Party Content, confidential information, or functionality to unauthorized users. If you publish Customer Content or Output through a public link or sharing feature, you direct us to display it to the audience you select. Recipients may copy or redistribute it. Disabling a link stops future access through the Service but cannot retrieve copies already made.

You may not resell raw output, operate a competing feed or database from it, bulk-publish it, white-label the Service, or provide it as a standalone product without our written permission. Expanded publication, redistribution, and white-label rights require a signed Order Form.

If you provide suggestions or feedback, you grant Market Ontology a perpetual, worldwide, royalty-free right to use that feedback without restriction or compensation. Feedback does not include Customer Content, and this provision does not give us ownership of your Customer Content.

"Customer Content" means information you submit to the Service, including prompts, uploads, documents, models, holdings, transactions, watchlists, theses, annotations, portfolio configurations, and Workspace content, but excluding feedback described in Section 12. As between you and Market Ontology, you retain your rights in Customer Content. "Private Customer Content" means Customer Content submitted through authenticated, nonpublic portions of the Service that you have not intentionally published or shared publicly through the Service.

You grant Market Ontology and its service providers a nonexclusive, worldwide license to host, copy, transmit, process, and display Customer Content solely to provide, operate, secure, maintain, troubleshoot, and support the Service; follow your instructions; comply with applicable law; and prevent fraud or abuse.

We may use aggregated or deidentified service telemetry to operate, understand, and improve the Service, provided that it does not reasonably identify you, your organization, accounts, holdings, transactions, prompts, or investment theses. Unless you or, for a Workspace, the Customer expressly opts in, we do not use Private Customer Content to train or fine-tune models made available across customers, and we do not permit our model providers to do so. Our service providers may otherwise process Customer Content on our behalf as described in the Privacy Policy and any applicable enterprise agreement, Order Form, or data processing addendum.

You represent that you have all rights, permissions, and lawful bases required to submit Customer Content and permit us to process it. The self-service Service is not designed to receive material nonpublic information, regulated client information, sensitive personal information about another person, or third-party confidential information. Do not submit such information unless applicable product documentation or a signed enterprise agreement expressly permits it and you are authorized to disclose it.

You are responsible for maintaining independent copies of Customer Content you need to preserve. We may delete or anonymize Customer Content after account closure or, for data obtained through an integration, after you disconnect that integration, in accordance with the Privacy Policy, our retention practices, an applicable Order Form, and legal obligations.

Confidentiality and security

Each party will protect the other party's nonpublic business, technical, and financial information using at least reasonable care and will use it only to provide or receive the Service and exercise rights under these Terms. Private Customer Content is your confidential information. These obligations do not apply to information that the receiving party can document was lawfully known without restriction, becomes public without breach, is independently developed without use of the other party's confidential information, or is lawfully received from another source without a duty of confidentiality. A party may disclose confidential information when legally required, after giving prior notice where legally permitted.

Market Ontology will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Content. Additional security, data-processing, retention, and incident-notification commitments apply only when stated in a signed data processing addendum, security addendum, or enterprise agreement.

Customer is responsible for its Authorized Users, permissions, seat assignments, offboarding, and lawful monitoring of Workspace activity.

Workspace administrators may add or remove users; manage permissions and billing; access, export, transfer, or delete Workspace content; and view account activity. If you join a Workspace, content you create there may be controlled by the Customer, and you may lose access when you leave the organization or are removed. Market Ontology does not decide internal disputes about ownership of an account or Workspace content.

As between Market Ontology and the Customer controlling a Workspace, the Customer retains its rights in Workspace Customer Content. These Terms do not determine ownership as between the Customer and its Authorized Users.

Do not place personal material or information you are not authorized to disclose in an employer- or client-controlled Workspace. Customer is responsible for determining whether the Service is appropriate for its legal, regulatory, security, recordkeeping, and confidentiality requirements.

API access is permitted only when included in your plan or Order Form. Keep API keys confidential and comply with documented rate limits, quotas, version requirements, caching rules, and security controls. We may rotate keys, enforce limits, deprecate versions, or restrict abusive or unsafe automated activity.

Unless a signed Order Form expressly permits it, you may not:

• resell, sublicense, or redistribute the API, Third-Party Content, or bulk output;
• evade rate limits or use undocumented endpoints;
• use nonpublic Service components or systematically collected Output to replicate material functionality of the Service or build a third-party product that substitutes for the Service;
• use bulk Output as a training corpus for a model or service offered to third parties as a substitute for the Service; this does not prohibit internal investment, risk, or quantitative models otherwise permitted by your plan or Order Form;
• use the API as the sole signal for unattended or latency-sensitive execution; or
• make the API available to anyone other than your Authorized Users and approved systems.

Lawful internal quantitative research is permitted. If you use the API in an automated workflow, you are responsible for validation, access controls, logs, exposure limits, human override, kill switches, independent market data, and compliance with law. Direct order routing or automated execution requires a separate written agreement and may require additional technical, data-provider, and regulatory terms.

You may not, and may not help another person to:

• use the Service unlawfully or to commit fraud, market manipulation, insider trading, sanctions evasion, infringement, or another violation of law or third-party rights;
• upload malware, disrupt the Service, probe it without authorization, defeat security controls, or access another person's account or data;
• scrape, crawl, bulk-download, copy, mirror, or extract the Service or its data except through an expressly authorized API or export feature;
• reverse engineer, decompile, disassemble, discover source code or nonpublic model components, or create derivative works of the underlying software, models, interfaces, or documentation except where applicable law prohibits this restriction; this does not restrict permitted use or modification of Output under Section 12;
• share credentials, exceed licensed seats, resell access, or circumvent plan, preview, geographic, paywall, usage, or rate-limit controls;
• remove proprietary notices or required attribution;
• submit content you do not have the right to use or disclose;
• present unreviewed output as guaranteed, official, independently verified, or authored or endorsed by Market Ontology;
• use the Service as the sole basis for a high-impact decision concerning employment, housing, credit, insurance, medical care, or another person's legal rights; or
• use the Service in a way that could damage, overload, or impair it or interfere with another user.

We may investigate suspected violations and preserve or disclose information when reasonably necessary to protect the Service, enforce these Terms, comply with law, or respond to a valid legal request.

17.1 Plan and charges

The plan, price, currency, billing interval, included features, renewal cadence, and any minimum term are disclosed at checkout or in your Order Form. Taxes may be added where required. Self-service subscription fees are billed in advance. If a plan includes usage-based charges, the unit, rate, included allowance, measurement method, billing frequency, and applicable overage terms will be disclosed before activation or in the Order Form.

17.2 Automatic renewal

Unless you cancel, your paid self-service subscription will automatically renew at the end of each billing period for another period of the same length, and you authorize Market Ontology and its payment processor to charge the payment method on file for the then-applicable subscription price and taxes. The amount and frequency of recurring charges are shown before you confirm the purchase.

If we offer a trial, introductory price, or other promotion that converts to a paid or higher-priced subscription, we will disclose the length of the promotional period, the price and billing interval that follow, and how to cancel before you enroll.

17.3 Cancellation

You may cancel a self-service subscription at any time through the Billing section of your account. If you cannot access your account, you may request cancellation by emailing support@thinqcorp.com from the email address associated with the account. We may reasonably authenticate the request before processing it.

Cancellation takes effect immediately. When you confirm a cancellation, the subscription ends at that point, future renewals stop, and access to paid features ends at the same time rather than at the end of the current billing period. Unless the checkout terms, an app store, or applicable law say otherwise, the remainder of the current paid period is not refunded or prorated. Your account, history, and saved work are retained so you can resubscribe. We will process a valid cancellation promptly and provide confirmation.

We will not require you to call, speak to a sales representative, or complete a retention flow to cancel a subscription purchased online. If we present a retention offer, a direct cancellation control will remain available.

17.4 Refunds

Except as required by law or expressly stated at checkout or in an Order Form, fees are nonrefundable and unused time is not credited. This does not limit rights concerning unauthorized charges, charges made after a valid cancellation, service termination for which a refund is legally required, or other nonwaivable rights.

17.5 Changes, upgrades, and failed payments

Upgrades, downgrades, credits, or prorations are handled as disclosed when you make the change. The effective date of a downgrade will be disclosed when you request it; unless otherwise disclosed, it takes effect at the next renewal. We may change a self-service subscription price for a future billing period after giving the notice required by law. If you do not accept a price change, cancel before it takes effect.

You must maintain a valid payment method. If payment fails, we may retry the charge and suspend or limit paid features after reasonable notice. You remain responsible for amounts incurred before cancellation or suspension.

17.6 Renewal and change notices

We will provide renewal reminders, annual subscription notices, notices of material changes, and fee-change notices when required by applicable law and within the legally required time. Electronic notices will include a direct or reasonably accessible route to cancellation.

17.7 Enterprise and app-store purchases

Enterprise subscriptions, committed terms, invoicing, and cancellation rights are governed by the applicable Order Form. Purchases made through an app store are also governed by that store's billing, renewal, cancellation, and refund rules. You must cancel an app-store subscription through the applicable store unless the store provides another method.

You agree to receive transactional communications necessary to provide the Service, including security notices, receipts, billing notices, renewal reminders, product changes, and monitor and alert notifications. You may opt out of marketing communications using the unsubscribe method provided, but you may not opt out of essential service or legal notices while you maintain an account.

We may send electronic notices to the email address associated with your account, through the Service, or by another method you have authorized. You are responsible for keeping your contact information current.

The Service may interoperate with data vendors, AI providers, payment processors, brokers, custodians, aggregators, storage providers, communication services, and other third parties.

When you independently elect to connect a third-party service, you direct us to exchange the information reasonably necessary to provide the integration. The connected service is operated under its own terms and privacy practices, and Market Ontology is not responsible for its independent acts or omissions. An integration may be modified or discontinued at any time. This does not limit Market Ontology's obligations concerning vendors acting as its service providers or subprocessors.

You may stop using the Service at any time and may cancel a subscription as described in Section 17. You may request account closure through available account controls or by emailing support@thinqcorp.com. Account closure and subscription cancellation are distinct: closing an account does not entitle you to a refund or erase payment obligations already incurred.

We may suspend or restrict access if we reasonably believe that you have breached these Terms; payment is overdue; your use creates a security, legal, market-integrity, or operational risk; a third-party provider requires it; or suspension is necessary to protect the Service or another person. Where reasonable, we will provide notice and an opportunity to cure. We may act immediately in response to fraud, an active security threat, unlawful conduct, or an urgent legal requirement.

We may modify or discontinue a feature or the Service. If we discontinue a paid self-service subscription or materially reduce a core paid feature during a prepaid term, or suspend a paid self-service account for more than 30 consecutive days, for reasons unrelated to your breach, and do not provide substantially equivalent functionality, you may terminate and receive a prorated refund for the unused prepaid period unless applicable law requires a different remedy.

When your account is closed or terminated, your right to use the Service ends. We may delete or anonymize Customer Content under our retention practices, so export information you need before termination. Sections that by their nature should survive, including payment obligations, ownership, restrictions, disclaimers, liability limitations, indemnification, dispute terms, and general provisions, will survive.

21.1 Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." MARKET ONTOLOGY AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that the Service will identify every risk or opportunity; that any data, output, forecast, monitor, alert, integration, or portfolio import will be accurate or timely; that defects will be corrected; or that use of the Service will produce profit, prevent loss, satisfy a mandate, or meet a legal or regulatory requirement.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent permitted by law.

21.2 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKET ONTOLOGY AND ITS AFFILIATES, LICENSORS, DATA PROVIDERS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OPPORTUNITY; TRADING OR INVESTMENT LOSSES; MISSED TRADES OR ALERTS; OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF MARKET ONTOLOGY AND THE OTHER PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) US$100 OR (B) THE AMOUNT YOU PAID MARKET ONTOLOGY FOR THE AFFECTED SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits apply regardless of the legal theory and even if a remedy fails of its essential purpose. They do not apply to fraud, willful misconduct, gross negligence, or liability that cannot lawfully be excluded or limited. They do not reduce an express remedy or higher liability cap stated in an applicable data processing addendum, service-level agreement, enterprise agreement, or Order Form.

21.3 Indemnification

If you use the Service on behalf of a business, and to the extent permitted by law, you will defend, indemnify, and hold harmless Market Ontology and its affiliates, officers, directors, employees, and agents from a third-party claim to the extent caused by (a) Customer Content as supplied by you infringing that third party's rights, (b) your unlawful or unauthorized use of the Service, or (c) a product or integration you build using the Service. These obligations do not apply to the extent a claim results from Market Ontology's breach, modification of Customer Content, or use of Customer Content outside the rights granted by you.

We will promptly notify you of a covered claim, allow you to control the defense with counsel reasonably acceptable to us, and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits fault or liability on behalf of Market Ontology, imposes obligations on Market Ontology, or does not fully and unconditionally release Market Ontology without our written consent. Section 21.3 does not impose an indemnification obligation on an individual consumer.

22.1 Informal resolution first

Before filing a claim, you and Market Ontology agree to try to resolve the dispute informally for 30 days. Send a written notice describing the dispute, the relief requested, and the email address associated with your account to support@thinqcorp.com. We will send our notice to the email address associated with your account. Any limitations period is tolled during this 30-day process.

22.2 Binding individual arbitration

Except for the matters in Section 22.3, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or communications between you and Market Ontology will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under the Federal Arbitration Act.

The AAA Consumer Arbitration Rules will apply if you are an individual using the Service for personal, family, or household purposes. The AAA Commercial Arbitration Rules will apply in other cases. The arbitrator may award the same individual remedies a court could award and will have exclusive authority to decide issues concerning the interpretation, applicability, or enforceability of this arbitration agreement, except that a court will decide issues concerning the class-action waiver.

The applicable AAA rules and filing information are available at adr.org.

Consumer arbitration may be conducted by video, telephone, or a documents-only proceeding, or may take place in the county where you live, as the applicable rules and law permit. Business arbitration will occur remotely or in California, unless the parties agree otherwise. Fees will be allocated under the applicable AAA rules, but Market Ontology will pay fees it is required to pay for this agreement to be enforceable.

22.3 Exceptions

Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or preliminary injunctive relief in court to prevent unauthorized access, misuse, or infringement of intellectual-property rights while arbitration is pending. Nothing in these Terms prevents a party from reporting a matter to a government agency or seeking public injunctive relief in court where applicable law requires that remedy to remain available.

22.4 No jury trial or class proceedings

YOU AND MARKET ONTOLOGY WAIVE THE RIGHT TO A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine claims of different people or preside over a class or representative proceeding unless both parties agree in writing.

If the class-action waiver is finally found unenforceable for a particular claim or request for relief, that claim or request will be severed and decided by a court after the remaining claims are arbitrated, to the extent permitted by law.

22.5 Thirty-day right to opt out

You may opt out of Sections 22.2 and 22.4 by emailing support@thinqcorp.com within 30 days after you first accept these Terms. Your notice must include your full name, the email address associated with your account, and an unambiguous statement that you opt out of arbitration. We will acknowledge receipt of a timely opt-out. If you timely opt out, disputes will be resolved under Section 23. Opting out will not affect any other part of these Terms or your access to the Service.

The Federal Arbitration Act governs Section 22. Subject to any mandatory rights you have under local law, these Terms and non-arbitrable disputes are governed by California law, without regard to conflict-of-law rules.

If a dispute is not subject to arbitration, you and Market Ontology consent to exclusive jurisdiction in the state courts of California and the federal courts of the applicable federal judicial district. If you are a consumer, this choice does not deprive you of mandatory protections or a forum that applicable law makes available to you.

We may update these Terms to reflect changes to the Service, law, security practices, or our business. The current version will state its effective date. For a material change, we will provide reasonable advance notice by email, through the Service, or by another legally permitted method and will obtain renewed acceptance when required by law.

Changes apply prospectively from their effective date. A materially adverse change will ordinarily take effect at your next renewal unless it is reasonably necessary to comply with law, address a security risk, or prevent abuse. If a materially adverse change takes effect during a prepaid self-service term for another reason, you may cancel and receive a prorated refund for the unused period. Changes to Section 22 will not apply to claims that accrued before the change unless you affirmatively accept the change. If you do not agree to an updated version, you must stop using the Service and cancel before it takes effect.

Export and sanctions. You may not use or export the Service in violation of U.S. export-control or sanctions laws. You represent that you are not located in, ordinarily resident in, or organized under the laws of a comprehensively sanctioned jurisdiction and are not a prohibited or restricted party.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, internet or utility failure, cyberattack, governmental action, market closure, or failure of a critical third-party provider. This does not excuse payment obligations already due.

Severability. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective, subject to the specific rule in Section 22.4.

No waiver. A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

No third-party beneficiaries. Except for the parties protected by Sections 21.1 through 21.3 and any data provider whose terms expressly provide otherwise, these Terms do not create third-party beneficiary rights.

Independent parties. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, employment, or fiduciary relationship.

Entire agreement. These Terms and the agreements identified in Section 2 are the entire agreement concerning the Service and replace prior or contemporaneous discussions and agreements on that subject.

Headings. Headings are for convenience and do not affect interpretation. The words "including" and "includes" mean "including without limitation."

The provider of the Service is ThinQ Corporation, doing business as Market Ontology. Current subscription charges are disclosed at checkout and in the Billing section of your account.

Questions or complaints may be sent to support@thinqcorp.com. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or call (800) 952-5210 or (800) 735-2929 (TTY).

For account, billing, cancellation, or legal questions, including legal notices, arbitration opt-outs, and questions about these Terms, contact support@thinqcorp.com.

ThinQ Corporation d/b/a Market Ontology