Terms of Service

A. General Terms (All Services)

1. Company Information

Empirical Markets LLC
8 The Green, Suite B
Dover, DE 19901
United States

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract. If you use the Services on behalf of a company or other entity, you represent and warrant that you are authorized to bind that entity, and “you” refers to both you and that entity.

3. Description of Services

Empirical Markets provides, among other things:

• Web-based dashboards and charts with OHLC data, indicators, and ML-driven analytics
• Programmatic API access to financial, analytical, and ML-enhanced datasets
• Research articles for informational and educational purposes only
• Authentication, account management, billing, and subscription management tools

4. Accounts & Security

To use most features, you must create an account.

You agree to:

• Provide accurate and current registration information
• Maintain the security of your password and any API keys
• Not share or sell your account or credentials
• Promptly notify us of any unauthorized access or security incident

Privacy. Your use of the Services is also governed by our Privacy Policy, available at /privacy (or a successor URL). By using the Services, you agree to the collection, use, and sharing of information as described in the Privacy Policy.

5. Subscriptions, Billing & No Refunds

We offer multiple subscription tiers, which may include free, paid, and combined plans for both the UI and API. Plan names, limits, and pricing may change over time.

No refunds. All fees and charges are non-refundable.

Subscriptions typically renew automatically at the end of each billing period unless canceled in advance through the account settings.

Taxes: Fees are exclusive of all taxes; you’re responsible for applicable taxes.

Chargebacks: Unauthorized or unjustified chargebacks may result in suspension; we may contest chargebacks.

Prorations: Upgrades prorate immediately; downgrades apply next cycle.

Trials & Promotions: Trials convert to paid unless canceled before the end of trial; promos may change.

Overdue Payments: We may suspend your account when payments are 10 days or more overdue.

6. No Financial or Investment Advice

The Services, including all data, charts, indicators, predictions, and research articles, are provided for informational and educational purposes only. Empirical Markets does not provide financial, investment, tax, or legal advice. You are solely responsible for your trading and investment decisions.

No fiduciary, advisory, or professional relationship is created between you and Empirical Markets by your use of the Services.

7. Machine Learning & Model Outputs

You acknowledge that:

• Predictions are probabilistic and may be inaccurate or unstable
• Models may evolve, retrain, or degrade over time
• Data may be delayed, incomplete, or noisy

We make no promise that any prediction, signal, or indicator will perform in any particular way. You use ML outputs entirely at your own risk. Historical performance is not indicative of future results.

Use of ML Outputs. You may use the outputs of our models for your own internal purposes, subject to these Terms. You may not use our outputs to train, fine-tune, evaluate, or otherwise develop a machine learning model, dataset, or analytics product that competes with or attempts to replicate Empirical Markets’ Services, models, or predictions, without our prior written consent.

8. Acceptable Use

You agree not to use the Services to:

• Violate any law, regulation, or third-party rights
• Harass, threaten, or harm others
• Interfere with or disrupt networks, systems, or security
• Create or market a directly competing data, analytics, or ML product from our outputs
• Scrape, copy, or harvest content beyond what is allowed in these Terms
• Bypass or attempt to bypass any technical or usage limits in the Services

9. Intellectual Property

Empirical Markets and its licensors own all rights, title, and interest in and to:

• Software, code, models, algorithms, and data pipelines
• Transformations, indicators, analytics, and ML predictions
• Dashboards, visualizations, and UI components
• Documentation, specifications, and branding

These Terms do not grant you any ownership interest in our intellectual property. Only the limited licenses expressly set out in these Terms apply.

10. Service Availability

The Services may be unavailable from time to time, including for maintenance, upgrades, outages, or other reasons. We do not guarantee continuous, uninterrupted, or error-free operation.

11. Beta & Experimental Features

We may offer features or functionality marked as beta, preview, or experimental (“Beta Features”). Beta Features may be subject to additional terms, may change at any time, and may be suspended or discontinued without notice. Beta Features are provided “as is,” without any warranties or commitments.

12. Copyright & DMCA Notices

We respect the intellectual property rights of others and expect users of the Services to do the same. If you believe that content on the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (“DMCA”) to:

DMCA Agent
Empirical Markets LLC
Email: support@empiricalmarkets.com

Your notice must include the information required under 17 U.S.C. §512(c)(3). We may remove or disable access to allegedly infringing content and may terminate accounts of repeat infringers.

13. Limitation of Liability

To the fullest extent permitted by law, Empirical Markets will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Services will not exceed the greater of US$50 or the fees you actually paid to Empirical Markets (excluding taxes) in the 30 days immediately preceding the event giving rise to the claim. If you use the Services under a free plan and have paid us no fees during that period, our total aggregate liability will not exceed US$50.

The limitations in this section apply to all claims, whether based on warranty, contract, statute, tort (including negligence), or any other legal theory, and even if any limited remedy fails of its essential purpose.

14. Indemnification

You agree to indemnify and hold harmless Empirical Markets, its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your applications, data, content, or outputs built using our Services

15. Governing Law & Dispute Resolution

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

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules. Arbitration will be conducted on an individual basis, and you waive the right to participate in class actions or seek class-wide relief.

Nothing in this section prevents either party from: (a) seeking individual relief in small claims court where available; or (b) seeking injunctive or other equitable relief to protect its intellectual property rights in a court of competent jurisdiction.

16. Changes to These Terms

We may update these Terms from time to time. The “Effective” date above reflects the effective date of the current version. Your continued use of the Services after any update constitutes your acceptance of the revised Terms.

17. Miscellaneous

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

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

Force Majeure. We are not liable for any delay or failure to perform resulting from events or circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or failures of networks or utilities.

Entire Agreement. These Terms constitute the entire agreement between you and Empirical Markets regarding the Services and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, relating to the subject matter of these Terms.

18. Contact

Email: support@empiricalmarkets.com

B. Platform UI Terms (empiricalmarkets.com)

This section applies specifically to your use of the Empirical Markets web application, dashboards, and visualizations at empiricalmarkets.com (the “Platform UI”) and supplements the General Terms in Section A.

1. License to Use the UI

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform UI for your personal or internal business purposes.

We may suspend, limit, or revoke this license at any time if we reasonably believe you are violating these Terms, abusing the Services, or creating risk or possible legal exposure for us or others.

2. Dashboards, Charts & Indicators

The Platform UI may display OHLC data, indicators, model outputs, and other analytics. You may view and interact with these visualizations and, where allowed by the UI, export or screenshot them for your own internal use.

You may not, without our prior written consent:

• Systematically scrape or harvest UI data or visualizations
• Republish our charts as your own commercial data product or data feed
• White-label or rebrand our dashboards as a competing service
• Sell access to screenshots, exports, or recordings of our UI as a stand-alone product

3. Automated Access to the UI

Automated tools (such as bots, crawlers, scrapers) may not be used to access the Platform UI in a manner that burdens or attempts to replicate the service. If you require programmatic access to data, you must use the API and comply with Section C (API Terms).

C. API Terms (api.empiricalmarkets.com)

This section applies specifically to the Empirical Markets API at api.empiricalmarkets.com (the “API”) and supplements the General Terms in Section A.

1. API License & Access

Subject to these Terms and your active subscription, Empirical Markets grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to:

• Access the API using valid API keys we issue to you
• Make requests to the API within your plan’s limits
• Use the resulting data internally in your applications or workflows

You do not obtain ownership of any data, models, or code by accessing the API. We may suspend or revoke your API access or license at any time if we reasonably believe you are misusing the API, violating these Terms, or creating risk or legal exposure.

2. Data Sources & Outputs

• Public & Reference Data. Some endpoints provide data derived from publicly available sources (e.g., regulatory filings, government data). While we seek to maintain accuracy, we do not guarantee completeness or timeliness.
• Transformations, Indicators & ML Predictions. Many API responses include proprietary transformations, indicators, scores, or model predictions. These are licensed to you for use only as permitted in these Terms and may not be resold or redistributed without our written consent.
• Licensed Third-Party Data. Some datasets may be subject to third-party license terms. Where those terms are more restrictive than these Terms, the more restrictive terms will apply to your use of that data.

3. Rate Limits & Usage Controls

• Plan Limits. Your subscription tier may define per-second limits, daily or monthly request caps, and accessible endpoints.
• Global Rate Limit. We enforce a global limit of 3 requests per second per account or API key (or as otherwise documented). Exceeding this limit may result in throttling or temporary suspension of your API access.
• Fair Use. We reserve the right to restrict or suspend API access if your usage pattern (even within numerical limits) degrades service quality, appears abusive, or attempts to replicate or substitute the API.

4. Ownership & Attribution

Empirical Markets retains all rights in and to the API, including all software, models, documentation, transformations, and outputs. You retain rights in your own applications and services that integrate with the API, subject to our rights in the API and its outputs.

5. Prohibited API Uses

You agree not to:

• Redistribute, resell, or publicly expose raw API data as a data feed or API
• Use the API to build a directly competing market data, analytics, or ML prediction service
• Circumvent authentication, rate limits, or access controls
• Scrape, clone, or mirror the API, or reverse engineer proprietary models or systems
• Proxy, wrap, or repackage our API as a service that appears to be your own data feed
• Use API data or ML outputs to train, fine-tune, evaluate, or otherwise develop machine learning models or datasets that compete with or attempt to replicate Empirical Markets’ models, predictions, or Services, without our prior written consent.
• Use the API in violation of any applicable laws or third-party rights

6. Caching & Data Retention

Unless explicitly allowed in a separate written agreement:

• You may perform short-term caching of responses to improve performance
• You may not create a long-term historical database sourced primarily from the API
• You must delete cached API data when your subscription ends, unless retention is required by law
• You may not cache or store API outputs for the purpose of reselling them or using them to train or evaluate machine learning models, except as expressly permitted in writing.

7. Monitoring & Enforcement

We may log API usage, monitor call patterns, and analyze traffic to detect abuse, protect service stability, and improve the API. We may suspend or revoke your API access at our discretion for violations of these Terms or suspected misuse.

8. Disclaimer Specific to API Use

Without limiting the general disclaimers in Section A, you acknowledge that the API and its outputs are provided “as is” and “as available,” and may contain errors, omissions, delays, or inaccuracies. You are solely responsible for how you use the data and predictions.

9. Developer-Friendly Summary (Non-Binding)

This summary is for convenience only. The full text of these Terms is legally binding.

• Use our API in your apps or workflows, but don’t resell the data or ML outputs.
• Stay within your rate limits; we may throttle or suspend excessive use.
• Some datasets may carry extra third-party rules; those apply to you too.
• No guarantees; you’re responsible for your own trading and risk.

Applies to: research.empiricalmarkets.com

This section applies specifically to your use of research articles, blog posts, and educational content available at research.empiricalmarkets.com (the “Research Site”) and supplements the General Terms in Section A.

1. Informational Purposes Only

All content on the Research Site is provided for informational and educational purposes only. It does not constitute financial, investment, tax, or legal advice. You are solely responsible for your trading and investment decisions.

2. No Warranties

While we strive for accuracy, we make no guarantees regarding the completeness, reliability, or timeliness of any research content.

3. Use & Restrictions

You may read and share links to public research content for personal or internal business purposes. You may not systematically copy, archive, or republish research content as your own, or sell access to our research as a stand-alone product, without our express written consent.