Terms of Service — Martian Wealth

AGREEMENT TO OUR LEGAL TERMS

We are Martian Labs LLC, doing business as Martian Wealth and Martian ("Company," "we," "us," "our"), a company registered in New York, United States at 418 BROADWAY STE N, ALBANY, NY 12207.

We operate the mobile application Martian Wealth (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

Martian Wealth is a personal-finance app that lets you connect your bank, credit card, and investment accounts (via providers like Plaid), and see your balances, transactions, and holdings in one place. It uses AI to turn plain-English requests into personalized dashboards and spending insights. Martian Wealth is not a bank, does not hold or move your money, and does not provide financial advice.

You can contact us by email at support@martianwealth.com or by mail to 418 BROADWAY STE N, ALBANY, NY 12207, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Martian Labs LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation or would subject the Company to any registration or regulatory requirement within such jurisdiction. Persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.

We implement administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of your personal and financial information. To provide certain features of the Services, we use third-party financial data aggregators and service providers, including Plaid Inc., to connect your external financial accounts and retrieve balances, transactions, investment holdings, and other related financial information.

By connecting an external financial account through the Services, you authorize us and our third-party service providers, as applicable, to access, retrieve, transmit, process, and store information from your financial institutions on your behalf solely as necessary to provide, maintain, and improve the Services. Your financial information will be collected, processed, and used in accordance with our Privacy Policy and the applicable privacy practices of our third-party service providers.

The Services provide personal financial organization tools, account aggregation, dashboards, analytics, visualizations, and AI-powered insights for informational, educational, and organizational purposes only. The Company does not initiate fund transfers, hold or custody customer funds or securities, execute securities transactions, operate as a bank, money transmitter, broker-dealer, investment adviser, or custodian, or provide financial, investment, legal, tax, or accounting advice.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@martianwealth.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

1. all registration information you submit will be true, accurate, current, and complete; 2. you will maintain the accuracy of such information and promptly update such registration information as necessary;

3. you have the legal capacity and you agree to comply with these Legal Terms; 4. you are not a minor in the jurisdiction in which you reside; 5. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;

6. you will not use the Services for any illegal or unauthorized purpose; and 7. your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

Certain features of the Services may require the purchase of a paid subscription. Payment for subscriptions is processed through the billing platform or payment provider through which you purchased your subscription, such as the Apple App Store, Google Play, or another authorized billing provider.

You agree to provide and maintain current, complete, and accurate billing and payment information as required by the applicable billing provider. By purchasing a subscription, you authorize the applicable billing provider to charge the payment method associated with your account for all applicable subscription fees, taxes, and any other charges incurred in connection with your subscription.

Subscription prices are displayed before purchase and may be changed from time to time. Any price changes will apply only to future billing periods and will be communicated in accordance with applicable law and the policies of the applicable billing provider. All payments are non-refundable except as required by applicable law or the refund policies of the applicable billing provider.

If your payment cannot be successfully processed, your subscription or access to certain paid features may be suspended or terminated until payment is successfully received. We reserve the right to refuse, suspend, or cancel purchases where permitted by applicable law or where fraudulent, unauthorized, or abusive activity is suspected.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.

Free Trial

We offer a 15-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

Cancellation

You may cancel your subscription at any time through the platform where you originally purchased it (such as the Apple App Store, Google Play, or any other authorized billing provider). Cancellation stops future renewals but does not affect the current billing period. Unless otherwise required by applicable law or the policies of the applicable billing provider, subscription fees already paid are non-refundable.

Your access to paid features will continue until the end of your current billing period, after which your subscription will expire and your account will revert to the applicable free tier, if available.

Deleting your account or uninstalling the App does not automatically cancel your subscription. You are responsible for canceling your subscription through the applicable billing provider.

If you have questions regarding your subscription or billing, please contact us at support@martianwealth.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

8. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

10. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://martianwealth.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE

LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. FINANCIAL INFORMATION, ESTIMATES, CALCULATIONS, AND NO FINANCIAL ADVICE

The Platform uses automated processing systems, third-party financial data providers, account aggregation services, market data providers, external pricing sources, and artificial intelligence technologies to collect, analyze, categorize, calculate, and present financial information.

The Platform may provide information including, but not limited to:

Account balances;
Net worth calculations;
Investment holdings;
Portfolio valuations;
Asset allocation;
Cost basis;
Realized and unrealized gains and losses;
Performance percentages;
Historical charts;
Income analysis;
Expense categorization;
Budgeting information;
Financial trends;
AI-generated summaries, insights, and recommendations.

You expressly acknowledge and agree that all such information is provided solely for informational, educational, organizational, and personal tracking purposes and represents estimates or approximations only.

The Company does not warrant, represent, or guarantee the accuracy, completeness, timeliness, reliability, or suitability of any information displayed through the Platform.

Financial information may contain errors, omissions, delays, or discrepancies due to, including but not limited to:

Third-party data provider limitations;
API failures;
Synchronization delays;
Incorrect or incomplete transaction history;
User-provided information;
Market data delays;
Currency conversion differences;
Corporate actions such as splits, mergers, dividends, or adjustments;
Algorithmic calculations;
Software errors;
AI-generated inaccuracies.

The Platform is not a brokerage, investment advisor, financial advisor, tax advisor, accountant, or fiduciary.

Nothing provided through the Platform constitutes financial, investment, tax, legal, or accounting advice.

You are solely responsible for independently verifying all information with your financial institution, brokerage, accountant, tax professional, or other qualified professional before making any financial decision.

To the maximum extent permitted by applicable law, the Company shall not be liable for any loss, damage, expense, or consequence arising from reliance on information provided through the Platform, including but not limited to investment losses, missed payments, overdraft fees, incorrect budgeting decisions, incorrect portfolio values, inaccurate calculations, or financial decisions made based on Platform information.

27. ACCOUNT CONNECTIONS, THIRD-PARTY SERVICES, FAIR USE, AND SYSTEM LIMITATIONS

The Platform may allow you to connect external financial accounts, including but not limited to bank accounts, credit cards, brokerage accounts, investment accounts, retirement accounts, and other financial institutions ("Connected Accounts") through third-party account aggregation providers, data providers, or other integration partners.

You acknowledge that the availability, accuracy, reliability, and functionality of Connected Accounts depend on third-party providers and financial institutions that are outside of the Company's control.

The Company does not guarantee that any specific financial institution, account type, or data source will be supported, available, or continuously connected to the Platform.

To maintain security, reliability, performance, and reasonable operating costs, the Company may establish limitations regarding Connected Accounts, including but not limited to:

The number of accounts or institutions that may be connected;
Synchronization frequency;
Data refresh availability;
Transaction history availability;
Data storage limitations;
API usage limits; and
Features available under different subscription plans.

These limitations may be applied based on subscription level, technical requirements, third-party provider restrictions, security considerations, operational requirements, or other legitimate business purposes.

The Company reserves the right to temporarily suspend, restrict, or remove connections to certain financial institutions, data sources, or accounts where necessary to maintain Platform stability, comply with third-party requirements, prevent abuse, or protect the security and performance of the Platform.

You agree not to misuse Connected Account functionality, including but not limited to:

Using automated scripts, bots, crawlers, scrapers, or unauthorized software to access the Platform;
Circumventing rate limits, security controls, or usage restrictions;
Creating excessive API requests or synchronization activity;
Attempting to extract, copy, or replicate financial data beyond permitted use;
Interfering with Platform infrastructure or third-party integrations; or
Using the Platform in a manner that creates unreasonable costs, risks, or operational impact.

If your use of the Platform causes excessive resource consumption, violates these Terms, creates security risks, or negatively impacts Platform performance, the Company may limit, suspend, or terminate access to affected features or your account, subject to applicable law.

The Company is not responsible for delays, interruptions, missing information, inaccurate information, failed synchronization, or other issues caused by third-party financial institutions, account providers, APIs, data providers, or external services.

28. ARTIFICIAL INTELLIGENCE FEATURES, USER INPUT, AND GENERATED OUTPUTS

The Platform may include artificial intelligence, machine learning, automation, or similar technologies ("AI Features") that assist with generating financial dashboards, visualizations, summaries, classifications, insights, explanations, and other analytical content.

When using AI Features, you may provide information including, but not limited to, text prompts, questions, instructions, preferences, formatting requests, financial information, transaction details, or other content ("Input").

You retain ownership of your personal information, financial data, and any original content that you submit through the Platform.

By submitting Input, you grant the Company a worldwide, non-exclusive, royalty-free license to access, process, analyze, transmit, store, and use such Input solely as necessary to provide, operate, maintain, improve, secure, and develop the Platform and its AI Features.

The Company may use third-party artificial intelligence providers, cloud infrastructure providers, data processors, and technology partners to process Input and generate AI-powered features. Such providers may process information according to their own terms, policies, and security practices.

AI-generated content, including but not limited to dashboards, charts, summaries, categorizations, financial insights, explanations, projections, and analytical outputs ("Output"), is generated automatically and may contain errors, inaccuracies, omissions, outdated information, or incomplete analysis.

You acknowledge that AI Features are provided as assistance tools only and that Output should not be considered financial, investment, tax, accounting, legal, or professional advice.

You are solely responsible for reviewing and verifying any AI-generated Output before relying on such information or making any financial decision.

The Company does not guarantee the accuracy, completeness, reliability, or suitability of any AI-generated Output.

Ownership of Technology and Platform Components

You retain ownership of your personal financial information contained within any Output.

However, the Company retains all rights, title, and interest in and to the underlying technology, systems, and intellectual property used to create, display, and deliver AI-generated features and outputs, including but not limited to:

Software code;
Algorithms;
AI implementations;
Dashboard generation systems;
Data visualization frameworks;
Widget architecture;
User interface designs;
Layout structures;
Templates;
Product workflows;
Platform features; and
Proprietary technology.

You may use Outputs generated from your own information for your personal and internal purposes.

You may not copy, reproduce, distribute, scrape, extract, reverse engineer, replicate, or commercially exploit the Company's proprietary dashboard systems, interface designs, widget structures, software components, or platform architecture.

Nothing in this section transfers ownership of your personal financial information to the Company, and nothing grants you ownership of the Company's underlying software, technology, or proprietary systems.

29. DATA IMPORT, SYNCHRONIZATION, AND THIRD-PARTY FINANCIAL INSTITUTIONS

The Platform may retrieve, synchronize, and process financial information from third-party institutions, including banks, brokerages, credit card providers, investment platforms, and other financial service providers.

You acknowledge that the Company does not control the availability, accuracy, completeness, or timing of information received from third-party sources.

Financial information may be delayed, incomplete, duplicated, incorrectly categorized, unavailable, or otherwise inaccurate due to limitations or errors outside of the Company's control.

The Company does not guarantee that imported financial information will match records maintained by your financial institutions.

You are responsible for reviewing imported information and correcting any inaccurate, incomplete, or outdated information where applicable.

The Company is not responsible for losses, decisions, fees, or consequences resulting from inaccurate, delayed, missing, or incomplete information received from third-party providers.

30. INVESTMENT HOLDINGS, PORTFOLIO TRACKING, AND CORPORATE ACTIONS

The Platform may provide tools to track investment holdings, portfolio performance, securities information, transactions, and related analytics.

Portfolio information displayed by the Platform may be based on available transaction history, market prices, user-provided information, third-party data sources, and automated calculations.

The Company does not guarantee that holdings, share quantities, cost basis, portfolio values, gains, losses, returns, dividends, or performance calculations will match brokerage statements or official financial records.

Calculations may be affected by, including but not limited to:

Missing transactions;
Incorrect transaction dates;
Incorrect share quantities;
Fractional share handling;
Stock splits;
Reverse splits;
Mergers;
Acquisitions;
Spin-offs;
Dividends;
Capital gains distributions;
Corporate actions;
Market price differences;
Currency conversions; and
Data provider limitations.

You should verify all investment information with your brokerage or financial institution before making investment decisions.

The Platform does not execute trades, hold assets, custody funds, or act as a broker-dealer.

31. FINANCIAL INSIGHTS, FORECASTS, AND PROJECTIONS

The Platform may provide financial insights, trends, projections, estimates, recommendations, or automated analysis based on available information.

Such information is generated for informational and organizational purposes only and should not be interpreted as predictions, guarantees, or financial advice.

Future financial outcomes depend on many factors outside the Company's control, including market conditions, personal decisions, income changes, expenses, economic conditions, and other circumstances.

The Company does not guarantee the accuracy of any projection, forecast, estimate, or financial insight.

32. USER-PROVIDED INFORMATION

Certain features of the Platform may rely on information entered, uploaded, or modified by users.

You are responsible for ensuring that information you provide is accurate, complete, and current.

The Company is not responsible for errors, losses, or discrepancies resulting from inaccurate, incomplete, outdated, or intentionally incorrect information provided by users.

33. TAX INFORMATION DISCLAIMER

The Platform may display information related to transactions, gains, losses, income, dividends, expenses, or other financial activity.

Such information is provided for organizational purposes only and does not constitute tax advice or official tax reporting documentation.

Tax treatment may vary depending on individual circumstances, jurisdiction, and applicable laws.

You are solely responsible for verifying tax-related information with qualified tax professionals or official financial records before filing tax documents or making tax decisions.

34. ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your account credentials and protecting access to your account.

You agree to notify the Company promptly if you believe your account has been compromised or accessed without authorization.

While the Company implements reasonable security measures, no system can guarantee absolute security.

The Company cannot guarantee that unauthorized access, data breaches, or security incidents will never occur.

35. NO BROKERAGE OR CUSTODY SERVICES

The Platform is not a brokerage, exchange, bank, custodian, investment advisor, or financial institution.

The Company does not:

Execute trades;
Buy or sell securities;
Hold customer assets;
Manage investments;
Control brokerage accounts;
Provide investment recommendations; or
Have authority over connected financial accounts.

All assets remain held with the applicable financial institution.

36. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Martian Labs LLC

418 BROADWAY STE N

ALBANY, NY 12207

United States support@martianwealth.com

See also our Privacy Policy and Security overview.