Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“you” or “User”) and Quell, Inc. (“Quell,” “we,” “us,” or “our”), which operates the Quell website, applications, and services (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to that organization. The Service is offered only where lawful; you are responsible for compliance with the laws that apply to you.

2. What Quell is — and what it is not

Quell runs statistical simulations (Monte Carlo and related methods) over the personal and financial information you provide, together with third-party reference data, to produce illustrative, probability-banded estimates of certain personal financial risks. These outputs are for general educational and informational purposes only.

The Service does not, and is not intended to:

• provide financial, investment, securities, tax, accounting, legal, immigration, insurance, or medical advice;
• recommend any security, investment, product, strategy, transaction, provider, or course of action;
• act as a fiduciary, broker-dealer, investment adviser, financial planner, tax preparer, attorney, immigration adviser, insurer, or medical professional;
• predict or guarantee any future result, return, valuation, employment outcome, immigration outcome, or event; or
• constitute an offer, solicitation, or inducement to buy or sell anything.

Models rely on assumptions, historical data, and simplifications that may be incomplete, outdated, or wrong, and actual outcomes will differ — often materially — from any estimate. Past performance and modeled scenarios are not indicative of future results. You should independently verify any information and obtain advice from a qualified, licensed professional before making any decision. Your reliance on the Service is at your own risk.

3. Your responsibilities

• You are responsible for the accuracy, completeness, and lawfulness of the information you enter. Outputs are only as good as the inputs.
• You are solely responsible for any decision you make and any action you take or do not take, and for the consequences.
• You will keep your login credentials confidential and are responsible for all activity under your account. Notify us promptly of any unauthorized use.
• You will use the Service only for your own lawful, personal or internal business purposes.

4. Subscriptions, billing, and cancellation

Some features require a paid subscription. Payments are processed by our third-party payment processor (Stripe); by subscribing you also agree to their terms. Paid plans renew automatically for the applicable period (e.g., monthly) at the then-current price until cancelled. You authorize us and our processor to charge your payment method for each renewal. You may cancel at any time, effective at the end of the current billing period, through your account or the billing portal.

Except where required by applicable law, payments are non-refundable and we do not provide refunds or credits for partial periods, unused features, or downgrades. We may change prices or plan features prospectively; we will give reasonable notice, and changes apply at your next renewal. Taxes may apply and are your responsibility. Free-tier usage limits may apply and may change.

5. Acceptable use

You agree not to, and not to permit anyone to:

• use the Service unlawfully, or to provide regulated financial, legal, tax, immigration, or medical advice to third parties;
• reverse engineer, decompile, scrape, or attempt to extract source code, models, or underlying data, except as permitted by law;
• access the Service to build or train a competing product or model, or to resell or commercially exploit outputs without our written consent;
• interfere with, overload, or disrupt the Service or its security, or attempt unauthorized access;
• upload unlawful, infringing, or malicious content, or another person’s data without authorization; or
• misrepresent outputs as advice, predictions, or guarantees to others.

6. Your data and content

You retain ownership of the information you submit (“User Content”). You grant us a limited, worldwide, non-exclusive license to host, process, and use User Content solely to operate, secure, and improve the Service and to provide it to you, and as described in our Privacy Policy. We may use de-identified, aggregated data that does not identify you for analytics and to improve our models. You represent that you have the rights necessary to submit your User Content.

7. Intellectual property

The Service, including its software, models, methodology, design, text, and trademarks, is owned by Quell or its licensors and is protected by law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your own use. No other rights are granted. Feedback you provide may be used by us without restriction or obligation to you.

8. Third-party data and services

The Service incorporates data and services from third parties (for example, public economic data such as FRED, public blockchain nodes and explorers, cryptocurrency price feeds, AI/large-language-model providers, email, and payment processors). Such data and services are provided “as is,” may be inaccurate, delayed, or unavailable, and are governed by the third party’s own terms. We do not control and are not responsible for third-party data, services, or websites.

9. Cryptocurrency wallet lookups

If you choose to add a public wallet address, the Service performs a read-only lookup of on-chain balances and third-party price data to estimate value. We never request, hold, custody, control, or transfer your keys or funds, and we cannot move your assets. You are responsible for any address you enter. Blockchain and price data are provided by third parties and may be inaccurate, delayed, or incomplete; cryptocurrency values are highly volatile. Nothing in the Service is an offer or recommendation regarding any digital asset.

10. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS, DATA, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY OF ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT ANY ESTIMATE, PROBABILITY, OR PROJECTION WILL BE ACCURATE OR REALIZED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL QUELL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, DATA, GOODWILL, INVESTMENT OR BUSINESS LOSSES, OR FINANCIAL LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS ALLOCATE THE RISKS BETWEEN US AND ARE A FUNDAMENTAL BASIS OF OUR BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You will defend, indemnify, and hold harmless Quell and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your User Content or data; (c) your violation of these Terms or any law; or (d) any decision you make or action you take in reliance on the Service.

13. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, including for any violation of these Terms or to protect the Service or other users. Upon termination, your license to use the Service ends. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) survive termination.

14. Changes to the Service and these Terms

We may modify, suspend, or discontinue any part of the Service at any time. We may update these Terms from time to time; if we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new date or by email). Your continued use after the changes take effect constitutes acceptance. If you do not agree, stop using the Service.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the arbitration provision. You and Quell agree that any dispute arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property or unauthorized-access claims.

Class-action waiver. To the extent permitted by law, disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law. These provisions do not apply where prohibited by law (for example, certain consumer protections in your country of residence may give you additional non-waivable rights).

16. Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and Quell regarding the Service and supersede prior agreements. If any provision is held unenforceable, the rest remain in effect and the provision will be enforced to the maximum extent permitted. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to you may be given by email or in-app.

17. Contact

Questions about these Terms: support@quell.ing.