Terms of Service

1. Acceptance of these Terms

By creating an account, logging in, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.

2. Eligibility and access

The Service is offered to business users on an invite-only basis. By using the Service, you represent and warrant that:

• you are at least 18 years old;
• you are accessing the Service for business or professional purposes, not as a consumer;
• if you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms, and “you” refers to both you and that organization; and
• you have been granted access by Garde and have not had your access previously suspended or terminated.

Garde may grant, limit, suspend, or revoke access to the Service at its discretion, including where access was not authorized.

3. Accounts and security

Access is secured through a passwordless sign-in link tied to your email address. You are responsible for maintaining the confidentiality of your email account and any session associated with the Service, and for all activity that occurs under your account. You agree to notify us promptly at alejandro@garde.market of any unauthorized use or suspected breach of security. You may not share, sell, or transfer your access to any other person.

4. The Service and the nature of its outputs

Garde is a multi-agent simulation platform that produces probabilistic estimates, scenarios, and distributions of possible outcomes for retail and consumer-product decisions. You acknowledge and agree that:

• outputs are statistical estimates and simulations, not statements of fact, guarantees, or predictions of actual results;
• outputs do not constitute financial, investment, legal, accounting, or other professional advice, and must not be relied upon as such;
• you are solely responsible for any decision you make, and any action you take, based on the Service; and
• figures, brands, and examples shown in marketing materials or demos are illustrative only.

You should exercise your own independent judgment and, where appropriate, seek professional advice before acting on any output.

5. Acceptable use

You agree not to, and not to permit any third party to:

• use the Service in violation of any applicable law, regulation, or third-party right;
• access or attempt to access the Service through any means other than the interfaces we provide, or circumvent any access, usage, or security limitation;
• copy, scrape, crawl, frame, mirror, reverse engineer, decompile, or attempt to derive the source code, models, or underlying methods of the Service, except to the extent this restriction is prohibited by law;
• resell, sublicense, rent, lease, or commercially exploit the Service or its outputs except as expressly permitted in writing by Garde;
• upload or transmit malware, or interfere with, disrupt, or overburden the integrity or performance of the Service;
• use the Service to build a competing product or to train a competing model; or
• remove, obscure, or alter any proprietary notices.

6. Your data and inputs

As between you and Garde, you retain all rights in the data, prompts, configurations, and other materials you submit to the Service (“Customer Data”). You grant Garde a worldwide, non-exclusive, royalty-free license to host, process, reproduce, and use Customer Data solely to operate, secure, support, and improve the Service and to comply with law. You are responsible for ensuring you have the necessary rights and permissions to submit Customer Data and that doing so does not violate any law or third-party right.

7. Intellectual property

The Service, including its software, models, designs, text, and the look and feel, and all related intellectual property rights, are and will remain the exclusive property of Garde and its licensors. Subject to your compliance with these Terms, Garde grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Service and its outputs for your internal business purposes. No rights are granted except as expressly set out in these Terms.

8. Third-party services

The Service relies on third-party providers (for example, hosting, infrastructure, authentication, and database services). Your use of the Service may be subject to those providers’ terms, and we are not responsible for third-party services or content.

9. Confidentiality

Each party may have access to the other’s non-public information. The receiving party will use such information only to perform under these Terms and will protect it with reasonable care. Non-public features, pricing, and outputs of the Service are Garde’s confidential information.

10. Fees

Where the Service is provided under a paid plan or order form, you agree to pay the applicable fees set out in that order form. Unless stated otherwise, fees are non-refundable and exclusive of taxes. Beta or evaluation access may be provided at no charge and may be modified or withdrawn at any time.

11. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. GARDE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GARDE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GARDE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO GARDE FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT.

13. Indemnification

You agree to indemnify and hold harmless Garde and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your Customer Data, your use of the Service, or your breach of these Terms or of any law or third-party right.

14. Term and termination

These Terms apply while you access or use the Service. You may stop using the Service at any time. Garde may suspend or terminate your access at any time, with or without notice, including for any breach of these Terms. Upon termination, your right to use the Service ceases. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

15. Governing law and disputes

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. Before filing a claim, the parties agree to first try in good faith to resolve any dispute informally by contacting alejandro@garde.market. Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in California, and you consent to personal jurisdiction there.

16. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Contact

Questions about these Terms may be sent to alejandro@garde.market.