Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the websites, products, APIs, software, and services operated by millionways, Inc., a Delaware corporation with its principal office at 169 Madison Ave, STE 38202, New York, NY 10016 (“millionways,” “we,” “us,” or “our”).
 

By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

These Terms constitute a legally binding agreement between you and millionways. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

You must be at least 18 years old to use the Services.
 

2. Services Covered

These Terms cover all millionways services, including:
 

• Corporate Website at millionways.ai. Marketing pages, contact forms, informational content, and related website features.

• Simulation Platform at platform.millionways.ai. An AI-powered behavioral intelligence environment where authorized users create digital profiles (“People”) from text, audio, video, transcript, or document inputs and run behavioral simulations (“Scenarios”).

• Thorsten-4 API at api.millionways.ai. Programmatic access to our proprietary Large Psychology Model for behavioral analysis. API access is granted only under a separate written agreement, such as a Master Services Agreement, Order Form, or equivalent. There is no self-serve API signup.

• Behavioral Alpha. Our stock-signal and behavioral market-intelligence product, available either as a feature within the Simulation Platform or as a dedicated API endpoint. Behavioral Alpha is subject to the additional disclaimers in Section 7.

• Talent and Behavioral Intelligence features. Profile-generation, behavioral-analysis, candidate-evaluation, team-analysis, leadership-assessment, and related capabilities. These features are subject to the additional terms in Section 8.

The terms “Service” and “Services” refer to any or all of the above.
 

3. Account Registration

Most Services require an account. You may create one by providing your name, email address, and password, or by signing in through an approved authentication provider.
 

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You agree to provide accurate and complete registration information and to keep it updated.
 

You may not share account credentials, API keys, access tokens, or other authentication credentials with unauthorized parties.
 

4. Organizations and Access

The Simulation Platform operates on a multi-tenant, organization-based model. You may be invited to an organization by an administrator. Your access to data within the Platform is scoped to the organization or organizations to which you belong.
 

Organization administrators may invite or remove members, assign roles, manage permissions, and control access to features within their organization. Administrators are responsible for ensuring their members’ use of the Services complies with these Terms and any applicable enterprise agreement.
 

5. Customer Tiers and Commercial Terms

The Services are offered to paid subscribers, enterprise customers, pilot customers, and approved trial users. We may also offer time-limited free trials or pilot access for certain Services.
 

Pricing, rate limits, usage quotas, payment terms, refund policy, cancellation rights, renewal terms, and any other commercial terms are governed by your enterprise contract, order form, subscription confirmation, pilot agreement, trial agreement, or other written agreement with millionways.
 

If an enterprise contract, order form, or other written agreement conflicts with these Terms, that written agreement controls for the applicable customer and Service.
 

6. Acceptable Use

Y
ou agree not to:
 

• Upload, submit, transmit, or process content you do not have the legal right to use, share, or analyze.

• Upload audio, video, or transcribed conversations without first obtaining all notices, permissions, and consents required by applicable law, including all-party consent laws where applicable. Obtaining such consent is solely your responsibility.

• Upload biometric, health, children’s, financial, employment, criminal, or other sensitive personal data unless you have all required rights, notices, consents, and contractual permissions to do so.

• Use the Services as the sole basis for employment, legal, medical, financial, lending, insurance, housing, education, law-enforcement, public-safety, or other consequential decisions about identifiable individuals. Behavioral profiles, simulations, scores, and other outputs are decision-support tools, not final decisions.

• Use the Services to make or automate final decisions that produce legal or similarly significant effects concerning individuals without meaningful human review and all notices, consents, audits, appeals, and safeguards required by applicable law.

• Use the Services for unlawful surveillance, stalking, harassment, manipulation, coercion, or mass profiling of identifiable individuals without disclosed consent.

• Deploy the Services in any manner intended to manipulate, deceive, exploit, or psychologically coerce identifiable individuals against their interests.

• Attempt to reverse-engineer, decompile, disassemble, extract, copy, benchmark for competitive purposes, or replicate Thorsten-4, any millionways model, model weights, training data, scoring methodology, Behavioral Alpha methodology, or proprietary algorithm.

• Use the Services, outputs, documentation, or APIs to develop, train, improve, or commercialize a competing model, product, or service.

• Bypass or attempt to bypass rate limits, usage quotas, authentication, access controls, monitoring systems, or security measures.

• Upload malware, viruses, harmful code, corrupted files, or other destructive or disruptive materials.

• Interfere with or disrupt the integrity, security, performance, or availability of the Services.

• Use the Services in violation of any applicable law, regulation, contractual obligation, or third-party right.
   

We may suspend or restrict access for violations of this section without prior notice where, in our reasonable judgment, immediate suspension is necessary to protect the Services, millionways, customers, users, third parties, or the public.
 

7. Behavioral Alpha and Financial Disclaimers

millionways is not a registered investment adviser, broker-dealer, financial institution, credit-rating agency, or fiduciary adviser.

Behavioral Alpha and any other behavioral market signal, score, prediction, analysis, or output we provide are informational and analytical products only. They are not investment advice, personalized investment advice, fiduciary advice, investment research, a rating, a recommendation to buy, sell, or hold any security, or a solicitation of any transaction.
 

Behavioral Alpha is provided exclusively to institutional and contract customers. It is not made available to retail investors.

Any output derived from Behavioral Alpha is one input among many and must be combined with your own due diligence, professional judgment, investment process, risk controls, and regulatory compliance.

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Past performance, backtested results, simulated results, historical correlations, model outputs, or validation results do not guarantee future results. You assume all risk associated with any investment, trading, capital-allocation, portfolio-construction, or risk-management decision you make in connection with Behavioral Alpha output.

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millionways does not make trading decisions for you, does not manage assets, and does not owe you any fiduciary duty in connection with Behavioral Alpha unless expressly agreed in a separate written agreement.
 

8. Hiring, Talent, and Behavioral Intelligence Use

Where you use the Services to support hiring, candidate evaluation, employee assessment, promotion, succession planning, team composition, leadership assessment, workforce analytics, or other employment-related decisions, the following additional terms apply:
 

You are the decision-maker. millionways outputs are recommendations, indicators, simulations, and probabilistic assessments. They are not final employment decisions. You must conduct independent human review and use the outputs as one input among many.
 

You are the deployer. Unless expressly agreed in a separate written agreement, millionways does not act as an employer, employment agency, background-check provider, consumer-reporting agency, automated employment decision tool operator, or final decision-maker. You are responsible for determining whether your use of the Services constitutes use of an automated employment decision tool, high-risk AI system, employment selection procedure, or similar regulated tool under applicable law.

You are responsible for legal compliance. You are solely responsible for compliance with all applicable employment, anti-discrimination, privacy, notice, consent, audit, recordkeeping, and AI-in-hiring laws, including but not limited to Title VII, the ADA, the ADEA, EEOC guidance, NYC Local Law 144, the Illinois Artificial Intelligence Video Interview Act, the Colorado AI Act, and any similar federal, state, local, or international law.
 

Notice and consent. You are responsible for providing any notice, obtaining any consent, offering any opt-out, conducting any audit, publishing any required summary, or providing any candidate or employee disclosure required by applicable law.
 

No protected-class inference. The Services are not designed to infer, predict, or evaluate protected or sensitive characteristics. You agree not to use the Services or any output as a proxy for race, color, religion, sex, gender, gender identity, sexual orientation, pregnancy, age, disability, national origin, genetic information, veteran status, or any other protected characteristic.
 

No FCRA use. The Services are not designed to be, and may not be used as, a consumer report, investigative consumer report, background check, employment screening report, or eligibility determination under the Fair Credit Reporting Act or similar laws unless expressly agreed in writing by millionways.
 

9. Behavioral Intelligence Disclaimer

Behavioral profiles, simulation results, scores, predictions, and model outputs are AI-generated probabilistic indicators derived from communication patterns and related contextual inputs. They are not clinical assessments, psychological diagnoses, psychiatric evaluations, mental-health treatment, medical advice, therapy, crisis intervention, or clinical risk assessments.

The Services should not be used to diagnose, treat, predict, or manage any medical, psychiatric, psychological, or mental-health condition.
 

Accuracy depends on the quality, quantity, representativeness, context, and reliability of the input data. AI-generated behavioral intelligence has inherent limitations and should be used as one input among many in decision-making processes.
 

10. Public Safety, Emergency, and High-Risk Use

The Services are not emergency services and are not a substitute for professional judgment in public safety, crisis response, medical, legal, law-enforcement, emergency, or life-safety contexts.
 

You may not rely on the Services as the sole basis for dispatch decisions, emergency intervention, medical triage, deprivation of liberty, use-of-force decisions, threat determinations, legal determinations, or any other urgent safety decision.
 

Where the Services are used in public-safety, emergency-response, legal, healthcare, or similarly sensitive contexts, you are responsible for ensuring qualified human professionals review all outputs and apply all required protocols, laws, safeguards, and oversight.
 

11. Intellectual Property

The Services, including their design, features, software, interfaces, workflows, documentation, Thorsten-4 model, model architecture, model weights, training data, scoring systems, Behavioral Alpha methodology, simulation methods, prompts, evaluation methods, analytics, and all related technology, are the exclusive property of millionways and its licensors.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms and any applicable written agreement.
 

You retain ownership of content you upload to the Services. By uploading content, you grant millionways a worldwide, royalty-free license to host, store, transmit, process, analyze, transform, and display that content solely as necessary to provide, secure, support, maintain, and improve the Services for you, and to maintain operational, billing, security, audit, and compliance records.
 

millionways does not use customer-uploaded content to train Thorsten-4 or any other model unless you separately and explicitly opt in.
 

Nothing in these Terms transfers any millionways intellectual property to you.
 

12. API Access

API access is available only under a separate written agreement with millionways.
 

API customers are responsible for safeguarding API keys, tokens, credentials, and access controls. You may not share, resell, sublicense, expose, or provide API access to third parties except as expressly permitted in a written agreement.
 

We may monitor API usage for security, abuse prevention, rate-limit enforcement, billing, compliance, service reliability, and service improvement. We may throttle, suspend, restrict, or revoke API access for suspected misuse, excessive load, security risk, unauthorized access, breach of these Terms, or breach of an applicable agreement.
 

You may not use API outputs to train, fine-tune, benchmark, validate, or improve a competing model, product, or service.
 

13. Third-Party Services and Subprocessors

Some Services rely on third-party providers, including large language model providers, transcription services, cloud infrastructure, analytics providers, authentication providers, and other subprocessors.
 

When those features are used, customer content may be transmitted to and processed by those providers solely as necessary to provide the Services, subject to contractual, technical, and organizational safeguards.
 

Our Privacy Policy describes categories of providers and applicable data-handling practices. Your use of certain third-party integrations may also be subject to additional terms from those providers.
 

14. Data, Privacy, and Security

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, share, retain, and protect data. By using the Services, you consent to the practices described in the Privacy Policy.

For enterprise customers, millionways may enter into a separate Data Processing Addendum, Business Associate Agreement where applicable, or other data-protection terms.
 

Customer content is processed to provide, secure, support, maintain, and improve the Services as permitted by these Terms, the Privacy Policy, and any applicable enterprise agreement. We do not sell customer content.

We apply commercially reasonable administrative, technical, and organizational safeguards designed to protect customer content. However, no system can be guaranteed to be completely secure, and we do not guarantee that unauthorized third parties will never defeat our safeguards.
 

Data deletion, retention, and export rights are governed by the Privacy Policy and any applicable enterprise agreement.
 

15. Confidentiality

Each party may receive non-public information from the other that is marked confidential or should reasonably be understood as confidential given the nature of the information and circumstances of disclosure.
 

The receiving party will use confidential information only to perform under these Terms or an applicable written agreement and will protect it using at least reasonable care.
 

Confidential information does not include information that is publicly available, already known without confidentiality obligations, independently developed without use of the confidential information, or lawfully received from a third party.
 

This section does not limit any broader confidentiality obligations in an enterprise agreement, NDA, data-processing agreement, or other written agreement between the parties.
 

16. Beta, Pilot, and Experimental Features

We may offer beta, preview, pilot, experimental, design-partner, or pre-release features. These features may be incomplete, modified, suspended, or discontinued at any time.
 

Beta, pilot, and experimental features are provided for evaluation purposes and may be subject to additional limitations, reduced support, reduced availability, usage restrictions, or separate terms.
 

Unless otherwise agreed in writing, beta, pilot, and experimental features are provided “AS IS” and without any warranty, indemnity, service-level commitment, or support obligation.
 

17. Feedback

If you provide feedback, suggestions, ideas, enhancement requests, recommendations, or other comments about the Services, you grant millionways a perpetual, irrevocable, worldwide, royalty-free right to use, disclose, reproduce, modify, commercialize, and otherwise exploit that feedback without restriction or compensation.
 

18. Publicity

Unless otherwise agreed in writing, millionways will not use an enterprise customer’s name, logo, or trademarks in public marketing materials without permission.
 

This restriction does not prevent millionways from identifying customers in confidential investor, financing, diligence, or acquisition materials, provided those recipients are subject to confidentiality obligations.
 

19. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance, updates, modifications, upgrades, or security work that temporarily affects availability.
 

We are not liable for downtime, degradation, delays, data-processing failures, or service interruptions except as expressly set out in your enterprise contract.
 

20. Disclaimer of Warranties

The Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, statutory, or otherwise.
 

To the maximum extent permitted by law, millionways disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, quiet enjoyment, and availability.
 

millionways does not warrant that the Services will be uninterrupted, error-free, secure, accurate, complete, reliable, or free from harmful components, or that any output of the Services will be accurate, complete, unbiased, lawful for your intended use, or fit for any specific purpose.
 

21. Limitation of Liability

To the maximum extent permitted by law, millionways shall not be liable for any indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, including loss of profits, revenue, data, business opportunities, goodwill, reputation, or substitute services, arising from or related to your use of the Services, even if millionways has been advised of the possibility of such damages.
 

millionways’ total cumulative liability for any and all claims arising from or related to the Services in any twelve-month period shall not exceed the greater of:

(a) the amounts you actually paid millionways for the Services in the twelve months preceding the event giving rise to the claim; or
(b) one thousand United States dollars ($1,000).
 

The limitations in this section apply to the maximum extent permitted by law, even if any limited remedy fails of its essential purpose.
 

Enterprise customers may be entitled to different liability terms under their enterprise contract. In that case, the enterprise contract controls.

22. Indemnification

You agree to defend, indemnify, and hold harmless millionways and its officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:
 

(a) your use of the Services;
(b) your violation of these Terms;
(c) your violation of any law or third-party right, including any privacy, employment, intellectual-property, publicity, confidentiality, or data-protection right;
(d) any content you upload, transmit, or process through the Services;
(e) any decision you make or action you take based on Service output, including any employment, financial, legal, public-safety, or other consequential decision;
(f) your failure to provide required notices, obtain required consents, conduct required audits, or comply with applicable AI, employment, privacy, or sector-specific laws.
 

millionways will provide prompt notice of any claim, reasonable cooperation in the defense, and the right for you to control the defense and settlement, provided that any settlement requiring millionways to admit liability, pay money, or take or refrain from taking action requires millionways’ prior written consent.
 

Enterprise customers may be entitled to different indemnification terms, including mutual indemnification, under their enterprise contract. In that case, the enterprise contract controls.
 

23. Termination

You may delete your account at any time through the Platform’s settings, where available, or by contacting us for API or enterprise access.
 

We may suspend or terminate your access if you violate these Terms, if required by law, if your use creates security or operational risk, if your account is inactive, or if your applicable agreement expires or is terminated.
 

On termination, your right to use the Services ceases immediately. Data deletion and retention follow the procedures described in our Privacy Policy and any applicable enterprise agreement.
 

Sections that by their nature should survive termination will survive, including Sections 7, 8, 9, 10, 11, 12, 14, 15, 17, 20, 21, 22, 24, 25, 26, and 27.
 

24. Export Control and Sanctions

You may not use the Services if you are located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, or if you are on any U.S. government restricted-party list.
 

You may not export, re-export, transfer, provide, or use the Services in violation of applicable export-control, sanctions, or trade-compliance laws.
 

25. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute”) will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.

The arbitration will be conducted in New York, New York, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
 

Class action waiver. You and millionways agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
 

Carve-outs. Notwithstanding the foregoing, either party may:
 

(a) bring an individual action in small-claims court;

(b) seek injunctive, equitable, or other emergency relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, unauthorized use, or violation of intellectual-property, confidentiality, data-security, or access-control rights; or

(c) bring an enforcement action, validity determination, or claim arising from or relating to theft, piracy, reverse engineering, unauthorized use, or misuse of millionways intellectual property, systems, models, APIs, data, or confidential information in any state or federal court of competent jurisdiction.
 

Arbitration procedures. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable, except that a court will decide any issue concerning the enforceability or validity of the class action waiver.
 

Costs. Each party will be responsible for its own attorneys’ fees and costs unless the arbitrator determines that applicable law requires otherwise. AAA fees and arbitrator fees will be allocated according to the applicable AAA rules, unless otherwise required by law.
 

Severability. If any portion of this Section 25 is found unenforceable, the remainder will continue in effect. If the class action waiver is found unenforceable, then the entire arbitration agreement will be null and void.
 

26. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.
 

Subject to Section 25, you and millionways submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any dispute, claim, or proceeding arising out of or relating to these Terms or the Services that is not subject to arbitration.
 

You and millionways waive any objection to jurisdiction, venue, or inconvenient forum in those courts.
 

27. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by email, through the Services, by posting an updated version on our website, or by another reasonable method.
 

The updated Terms will become effective when posted or on the effective date stated in the notice. Your continued use of the Services after the updated Terms take effect constitutes acceptance of the updated Terms.
 

If you do not agree to the updated Terms, your sole remedy is to stop using the Services.
 

Changes to these Terms will not materially reduce rights or protections expressly granted in an active enterprise agreement unless permitted by that agreement.
 

28. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any applicable enterprise contract, order form, subscription confirmation, pilot agreement, trial agreement, data-processing agreement, or other written agreement, constitute the entire agreement between you and millionways regarding the Services.
 

Order of precedence. If there is a conflict between these Terms and an applicable enterprise contract, order form, data-processing agreement, or other written agreement signed by millionways, the signed written agreement controls for the applicable customer and Service.
 

Severability. If any provision of these Terms is found unenforceable, the unenforceable provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
 

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, change of control, or by operation of law.
 

Force majeure. Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications failures, cloud-provider outages, power failures, governmental actions, civil unrest, pandemics, or other events beyond reasonable control.

Relationship of the parties. The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, franchise, or employment relationship.
 

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights except where expressly stated.

Headings. Section headings are for convenience only and do not affect interpretation.
 

Electronic communications. You agree that notices, agreements, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
 

Notices. We may provide notices to you through the Services, by email, or by other reasonable means. You may provide notices to millionways at the contact information listed below, unless an applicable enterprise agreement requires a different notice method.
 

29. Contact

For questions about these Terms, contact us at: legal@millionways.ai

or by mail at:
 

millionways, Inc.
169 Madison Ave, STE 38202
New York, NY 10016
United States