Marginal AI - Terms & Conditions & Usage Agreement

Last Updated: 28th of February 2025

1. Introduction

Welcome to Marginal AI, a product of Quantimental Technologies Ltd., a Delaware company ("Company," "we," "us," or "our"). These Terms & Conditions and Usage Agreement ("Agreement") govern your access and use of Marginal AI ("Service"). By using Marginal AI, you ("User," "you") agree to be bound by this Agreement. If you do not agree, you may not access or use the Service.

2. Account Registration & Eligibility

2.1 Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use Marginal AI.
If you use Marginal AI on behalf of an entity, you represent that you have authority to bind that entity.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
You must notify us immediately if you suspect unauthorized access to your account.

3. Acceptable Use Policy

By using Marginal AI, you agree not to:

Use the Service for illegal, harmful, or deceptive activities.
Interfere with or disrupt the Service’s operation.
Attempt to reverse-engineer, scrape, or misuse our API and models.
Use the Service to generate harmful, misleading, or offensive content.
Use Marginal AI for real-time automated trading, financial fraud, or market manipulation.

We reserve the right to suspend or terminate access for violations of this policy.

4. Commercial Use Policy

4.1 Business & Commercial Use

Businesses may use Marginal AI for internal analytics, research, and productivity.
If you integrate Marginal AI into commercial applications, a separate enterprise agreement is required.

4.2 API & Third-Party Integrations

Enterprise users integrating Marginal AI via API or embedding it in their software must ensure compliance with our API Terms & Conditions.
Misuse of the API, including unauthorized reselling or redistribution, is strictly prohibited.

4.3 Enterprise Liability & Compliance

Enterprise customers are responsible for ensuring that Marginal AI’s outputs comply with industry regulations before using them in commercial applications.
Quantimental Technologies Ltd. disclaims liability for any legal, financial, or reputational damage arising from misuse of AI-generated insights in regulated industries.
Enterprises using Marginal AI for decision-making in healthcare, finance, legal, or security applications must conduct independent human verification before implementation.

4.4 Equity Public Capital Markets Use & Compliance

Marginal AI does not provide financial advice and should not be used as a substitute for licensed financial advisors, registered investment firms, or other regulated financial services.
Users must comply with all relevant securities laws and regulations, including but not limited to:

The Securities Act of 1933
The Securities Exchange Act of 1934
The Investment Advisers Act of 1940
Regulations enforced by the U.S. Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA)

4.5 Restrictions on Use in Financial Trading & Investment Decisions

Prohibited Uses in Public Capital Markets:

Automated stock trading algorithms that operate without human oversight.
Market manipulation tactics, including wash trading, spoofing, or pump-and-dump schemes.
Unlicensed financial advisory services using Marginal AI-generated insights.
AI-driven securities recommendations that may constitute investment solicitation without proper registration.

Users engaging in any securities-related activities must ensure that their use of Marginal AI complies with federal, state, and self-regulatory organization (SRO) regulations.
Quantimental Technologies Ltd. disclaims all liability for:

Losses arising from securities trading decisions based on AI-generated insights.
Regulatory violations resulting from misuse of the platform in public capital markets.
AI-generated forecasts that do not guarantee future financial performance.

4.6 Compliance with EU & UK Equity Capital Markets Regulations

Users of Marginal AI involved in financial activities within the European Union (EU) or the United Kingdom (UK) must comply with:

Markets in Financial Instruments Directive II (MiFID II)
Market Abuse Regulation (MAR)
Financial Conduct Authority (FCA) regulations (UK)
European Securities and Markets Authority (ESMA) guidelines

Prohibited Uses in EU & UK Capital Markets:

AI-generated securities recommendations without proper authorization as an investment firm under MiFID II.
Insider trading or market abuse based on AI-assisted analysis of material non-public information (MNPI).
Algorithmic or high-frequency trading (HFT) using AI-generated signals without regulatory approval and compliance with risk control requirements.
AI-assisted public disclosures or investor communications that may constitute misleading financial promotions under FCA rules.

4.7 FCA & ESMA Compliance for Investment Firms

Regulated financial entities using Marginal AI in trading, investment research, or portfolio management must:

Ensure that AI models comply with FCA SYSC 19F.2 (Governance & Risk in AI-Assisted Investment Firms).
Adhere to ESMA's Algorithmic Trading Risk Controls if using AI-assisted trading models.
Maintain audit trails for AI-generated equity research to comply with FCA COBS 19 (Client Communications & Research).

Restrictions on Use in UK & EU Financial Services:

MiFID II requires that any AI-generated market analysis be classified as independent or non-independent research and disclosed accordingly.
FCA financial promotions rules apply to AI-generated content, meaning unauthorized firms may not distribute AI-generated market commentary as financial advice.
ESMA rules on algorithmic trading apply to AI-assisted models, requiring that firms implement robust oversight controls and stress testing.

4.8 AI Use in Equity Research & Market Analysis

Marginal AI may be used for financial data analysis, quantitative modeling, and market insights, but users must:

Cross-check AI-generated insights with human experts before making investment decisions.
Disclose AI-assisted research in financial reports where applicable.
Comply with SEC, FINRA, and industry best practices when using AI for public investment analysis.

Marginal AI outputs are for informational purposes only and do not constitute:

Investment recommendations
Buy/sell/hold securities ratings
Real-time market execution signals

4.9 AI Use in Investment Research & Market Communications (EU & UK)

Financial firms using Marginal AI for equity research must ensure:

Transparency in AI-assisted research reports, with disclosures where applicable.
Compliance with MiFID II research unbundling rules, ensuring that AI-generated market analysis is separate from execution services.
That AI-generated insights do not qualify as misleading financial promotions under UK FCA rules.

Quantimental Technologies Ltd. disclaims all liability for:

AI-generated investment research that does not meet regulatory requirements.
Firms or analysts failing to disclose AI involvement in financial reports.
AI-generated insights being misinterpreted as personal investment advice under MiFID II and FCA regulations.

4.10 SEC & Regulatory Compliance for Financial Institutions

Broker-dealers, hedge funds, asset managers, and investment advisory firms using Marginal AI must:

Ensure that AI-assisted trading strategies comply with SEC Rule 15c3-5 (Risk Management Controls for Trading Firms).
Avoid the use of AI-generated material non-public information (MNPI).
Implement internal compliance protocols when integrating AI into investment workflows.

Users subject to SEC oversight must ensure that their use of Marginal AI aligns with Regulation Best Interest (Reg BI) and other applicable rules.

4.11 Liability & Risk in EU & UK Capital Markets

Users acknowledge that Marginal AI is not a registered financial advisor or investment firm under MiFID II, FCA, or ESMA.
Quantimental Technologies Ltd. does not guarantee AI-generated financial insights will meet regulatory or legal requirements in the EU or UK.
AI-generated market predictions or analytics should not be relied upon for capital markets transactions without independent expert verification.

5. AI Bias Disclaimer & Limitations

5.1 AI Model Limitations

Marginal AI uses advanced machine learning models, but no AI system is 100% accurate, unbiased, or free from limitations.
AI-generated outputs should be reviewed for accuracy, fairness, and ethical considerations before use in critical decision-making.

5.2 No Liability for AI Bias or Errors

Marginal AI is not responsible for unintended bias, factual inaccuracies, or errors in generated content.
Users are advised not to solely rely on AI outputs for medical, legal, financial, or professional advice.

5.3 AI Output Governance & Responsible Use

While we aim for high accuracy and fairness, AI-generated content may not always be error-free or unbiased.
Users should not rely on Marginal AI for legally binding contracts, life-critical decisions, or regulatory filings without additional human review.
Prohibited AI Use Cases include:

Deepfake generation or misleading AI-generated media.
Automated high-frequency trading (HFT) models without human oversight.
Investment decisions without human oversight.
Political influence campaigns or misinformation generation.

6. GDPR & Data Compliance

6.1 Data Protection & User Rights

We comply with the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) where applicable.
Users have the right to request access, correction, or deletion of their personal data.

6.2 Data Retention & Processing

We do not store user-provided data beyond what is necessary for service functionality, fraud prevention, and compliance.
Users in the EU, UK, or California can request data deletion or portability via the Marginal AI user interface: Settings > Support. Users can delete all their chats in Settings > Security and cancel their subscription in Settings > Billing.
Cross-border data transfers are protected by: Standard Contractual Clauses (SCCs) and Data minimization and encryption standards

7. Payments & Subscription Terms

7.1 Pricing & Billing

Marginal AI offers free and paid plans. Fees are subject to change with prior notice.
By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis.

7.2 Refund Policy

Payments are non-refundable, except where required by law.
If you cancel, your subscription will remain active until the end of the billing cycle.

8. Data Privacy & Security Policy

8.1 Information We Collect

We collect the following types of data:

User-Provided Data: Account registration details, queries submitted to the AI, and billing information.
Technical Data: IP addresses, device information, and usage analytics for security and service improvements.

8.2 How We Use Data

To provide AI-generated responses and improve model performance.
To process payments and subscriptions.
To prevent fraud and ensure platform security.

8.3 Data Sharing & Third Parties

We do not sell personal data.
We may share data with cloud providers and payment processors only to ensure service functionality.

8.4 User Control & Opt-Out

Users can request data deletion via the Marginal AI user interface: Settings > Support. Users can delete all their chats in Settings > Security and cancel their subscription in Settings > Billing.

Users can opt out of data usage for AI model training in Settings > Security.

9. Disclaimers & Limitation of Liability

9.1 No Financial or Legal Advice

Marginal AI is not a financial advisor, lawyer, or licensed professional.
AI-generated insights should not be solely relied upon for critical decisions.

9.2 Limitation of Liability

To the maximum extent permitted by law, we are not liable for:

Indirect, incidental, or consequential damages.
Loss of data, revenue, or business opportunities.
Any reliance on AI-generated content.

Our liability shall not exceed the total fees paid by you in the last 3 months.

10. Termination & Suspension

We may suspend or terminate your account for violating these terms.
You may terminate your account at any time by contacting us in Settings > Support.

11. Service Availability & Modifications

Marginal AI is provided on an "as-is" and "as-available" basis without warranties of any kind.
We may modify, suspend, or discontinue features at any time without prior notice.
We are not responsible for service downtime due to technical issues, regulatory changes, or force majeure events.

12. Intellectual Property

12.1 Ownership

Marginal AI, including its underlying algorithms, data models, software code, and proprietary methodologies, is exclusively owned by Quantimental Technologies Ltd.
All trademarks, service marks, and branding elements associated with Marginal AI are the intellectual property of Quantimental Technologies Ltd.
Unauthorized use, reproduction, or modification of Marginal AI’s technology or branding is strictly prohibited without prior written consent.
We grant you a limited, non-exclusive, non-transferable license to use the Service.

12.2 Content Ownership

You retain ownership of the inputs ("Input") you provide and the AI-generated outputs ("Output").
However, you grant us a license to use your Input for model improvement, compliance, and fraud detection, unless you opt out in the Settings > Security sections of Marginal AI’s user interface.
Trademark & Copyright Protection: Users may not claim AI-generated content as proprietary intellectual property without appropriate review and compliance with global copyright laws.

13. Third-Party Integrations

Marginal AI may integrate with third-party services, including cloud providers and APIs.
We do not control third-party services and are not liable for their actions or security measures.

14. Governing Law & Dispute Resolution

This Agreement is governed by the laws of Delaware, USA.
Any disputes will be resolved through arbitration in Delaware.
Users waive class action rights and agree to individual dispute resolution.

15. Contact Information

For inquiries, please contact:

Quantimental Technologies Ltd.
Address: 1111B S Governors Ave STE 25426, Dover, DE 19904 United States
Email: info@quanti-tech.com
Website: www.quanti-tech.com

By using Marginal AI, you acknowledge and agree to these Terms & Conditions.