Effective Date: May 27, 2026
These Terms of Service (the “Terms”) govern your access to and use of the websites, content, and services made available by Thrum, Inc., doing business as QuarqAI (“QuarqAI”, “we”, “us”, or “our”), including the website located at https://quarq.ai (the “Site”) and any related products, software, or services we offer (collectively, the “Services”).
By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.
1. Who we are
QuarqAI provides a deterministic financial measurement platform for B2B partner ecosystems. Our Services help organizations quantify, validate, and report on the value created by their partnerships using a suite of canonical metrics (including Total Partner Value, Shared Value Index, Capital Efficiency Ratio, and Value Exchange Pathways).
The legal entity behind QuarqAI is Thrum, Inc., a Delaware corporation. For questions about these Terms, write to contact@quarq.ai.
2. Eligibility and account use
You may use the Site and Services only if you are at least 18 years old and capable of forming a binding contract. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” in these Terms refers to both you and the organization.
You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. Notify us at contact@quarq.ai if you suspect unauthorized use.
3. Acceptable use
You agree not to:
- Use the Services to violate any law or regulation, including data-protection or export-control laws
- Upload or transmit data you do not have lawful rights to use, share, or analyze
- Reverse-engineer, decompile, or attempt to derive the source code of the Services
- Interfere with the operation of the Services, including by introducing malware, attempting to overwhelm the infrastructure, or probing for vulnerabilities without authorization
- Use the Services to develop or train a competing product
- Use any automated system (bot, scraper, crawler) to access the Services other than as expressly permitted by us in writing or via documented API access
- Misrepresent your identity or affiliation with any person or entity
We may suspend or terminate your access if we reasonably believe you have violated these terms or pose a risk to QuarqAI, our other users, or third parties.
4. Customer Data and confidentiality
The data you upload, connect, submit, or otherwise provide to the Services about your partner ecosystem (“Customer Data”) remains your property. You grant QuarqAI a limited, worldwide, royalty-free license to host, process, analyze, transmit, and display Customer Data solely to provide the Services and as otherwise permitted by these Terms and our Privacy Policy.
QuarqAI will treat Customer Data as confidential and will not disclose it to third parties except: to sub-processors strictly to provide the Services; as required by law, court order, or governmental authority; or with your consent. QuarqAI may use de-identified, aggregated information derived from Customer Data to operate, secure, improve, and benchmark the Services, provided that such information does not identify you, your organization, or your partners.
If you are evaluating the Services through a paid engagement, a separate Master Service Agreement (currently available at https://quarq.ai/terms-condition/) and any applicable Order Form or Statement of Work govern the commercial terms. To the extent of any conflict between these Terms and a signed MSA, the MSA controls for matters within its scope.
5. Intellectual property
The Site, the Services, the QuarqAI brand, and all related software, designs, copy, metrics, methodologies (including TPV, SVI, CER, and VxP), documentation, and other materials are owned by QuarqAI or its licensors and are protected by United States and international intellectual-property laws.
Subject to your compliance with these Terms, QuarqAI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services solely for your internal business purposes.
QuarqAI welcomes feedback. If you provide us with suggestions, ideas, or other feedback about the Services (“Feedback”), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that Feedback without restriction or attribution.
6. Third-party services and integrations
The Services may integrate with or link to third-party services (such as CRMs, partner portals, marketing automation tools, and AI providers). Your use of those third-party services is governed by their own terms and privacy policies. QuarqAI is not responsible for third-party services and disclaims any liability arising from your use of them.
7. Disclaimers
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, QUARQAI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, QUARQAI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE; OR THAT ANY DEFECTS WILL BE CORRECTED.
QuarqAI’s metrics, including TPV, SVI, CER, and VxP, are analytical constructs intended to inform business decisions. They are not financial advice, investment recommendations, audit opinions, or legal opinions. You are solely responsible for any decisions you make based on output from the Services.
8. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL QUARQAI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF QUARQAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
QUARQAI’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU PAID TO QUARQAI FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations on liability, so portions of this section may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless QuarqAI and its officers, directors, employees, and agents from any claim, damage, loss, or expense (including reasonable attorney fees) arising from: your use of the Services; your violation of these Terms; or your violation of any law or third-party right, including the rights of any partner or other organization whose data you upload to the Services.
10. Term and termination
These Terms apply from your first use of the Site or Services and continue until terminated.
You may stop using the Services at any time. QuarqAI may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or for any other reason permitted by law. Sections that by their nature should survive termination (including Sections 4 [confidentiality only], 5, 7, 8, 9, 12, and this sentence) will survive.
11. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the “Effective Date” at the top and may provide additional notice (for example, by email or an in-product notice). Your continued use of the Services after the updated Terms become effective constitutes your acceptance of them.
12. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws provisions. Any dispute arising from or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Delaware, and you and QuarqAI consent to the personal jurisdiction of those courts.
13. Miscellaneous
These Terms (together with our Privacy Policy and any applicable MSA or Order Form) constitute the entire agreement between you and QuarqAI regarding the Site and Services and supersede any prior agreements.
If any provision is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of substantially all of our assets.
14. Contact
Questions about these Terms? Write to contact@quarq.ai or to Thrum, Inc. (dba QuarqAI).